SCOTUS

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Goose55
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SCOTUS

Post by Goose55 » Tue Oct 27, 2020 2:34 pm

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"At present we're on the wrong side of the door. But all the pages of the New Testament are rustling with the rumor that it will not always be so." ~ C.S. Lewis

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Re: SCOTUS

Post by SlowToke » Tue Oct 27, 2020 2:50 pm

Thank the Lord! :wink:
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Re: SCOTUS

Post by gaining_age » Tue Oct 27, 2020 2:50 pm

Justices always have their own sense and don't sit on lines of a board--- and this is a torque problem of which the equation is



where is the direction from the fulcrum to the weight and is the force due to gravity at the location. So fatter justice or justice farther from the fulcrum have greater torque.
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Re: SCOTUS

Post by TNLawPiper » Tue Oct 27, 2020 4:21 pm

gaining_age wrote:
Tue Oct 27, 2020 2:50 pm
Justices always have their own sense and don't sit on lines of a board--- and this is a torque problem of which the equation is



where is the direction from the fulcrum to the weight and is the force due to gravity at the location. So fatter justice or justice farther from the fulcrum have greater torque.
RBG was a tiny lady, so her influence couldn’t have been that great, right?
Stat crux dum volvitur orbis.

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gaining_age
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Re: SCOTUS

Post by gaining_age » Tue Oct 27, 2020 4:25 pm

TNLawPiper wrote:
Tue Oct 27, 2020 4:21 pm
gaining_age wrote:
Tue Oct 27, 2020 2:50 pm
Justices always have their own sense and don't sit on lines of a board--- and this is a torque problem of which the equation is



where is the direction from the fulcrum to the weight and is the force due to gravity at the location. So fatter justice or justice farther from the fulcrum have greater torque.
RBG was a tiny lady, so her influence couldn’t have been that great, right?
Depends upon the lever arm.

"Give me a lever and a place to stand and I will move the earth. Give me a fulcrum, and I shall move the world. Give me a firm spot on which to stand, and I shall move the earth. Give me an RBG on the teeter totter and I'll move the country" -- Archimedes (ok, he might or might not have said the last sentence)
Out of control odd rare old man (or possibly an hobbyist). -- Label by The Big R.
The 6s of 1st John:
2:6 Whoever claims to live in him must walk as Jesus walked
3:6 No one who lives in him keeps on sinning

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Re: SCOTUS

Post by DAN » Tue Oct 27, 2020 4:45 pm

Goose55 wrote:
Tue Oct 27, 2020 2:34 pm
ImageImageImage
Until it's 9-0, there's work to do.
I don't always choose sig lines just to tick someone off, but when I do, it's on CPS.

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Re: SCOTUS

Post by hugodrax » Tue Oct 27, 2020 5:33 pm

Is the political forum broken?
Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth
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non nobis, Domine, non nobis, sed nomini tuo da gloriam

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Re: SCOTUS

Post by gaining_age » Tue Oct 27, 2020 5:48 pm

hugodrax wrote:
Tue Oct 27, 2020 5:33 pm
Is the political forum broken?
Looked like a physics problem to me...
Out of control odd rare old man (or possibly an hobbyist). -- Label by The Big R.
The 6s of 1st John:
2:6 Whoever claims to live in him must walk as Jesus walked
3:6 No one who lives in him keeps on sinning

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Re: SCOTUS

Post by gaining_age » Tue Oct 27, 2020 5:49 pm

Image
Out of control odd rare old man (or possibly an hobbyist). -- Label by The Big R.
The 6s of 1st John:
2:6 Whoever claims to live in him must walk as Jesus walked
3:6 No one who lives in him keeps on sinning

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Re: SCOTUS

Post by hugodrax » Tue Oct 27, 2020 5:50 pm

gaining_age wrote:
Tue Oct 27, 2020 5:48 pm
hugodrax wrote:
Tue Oct 27, 2020 5:33 pm
Is the political forum broken?
Looked like a physics problem to me...
Genuine audible laughter.
Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth
—Marcus Aurelius

non nobis, Domine, non nobis, sed nomini tuo da gloriam

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Re: SCOTUS

Post by Stanley76 » Tue Oct 27, 2020 5:58 pm

Y'all think the SCOTUS is off balance now, wait till AFRS gets confirmed.
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Re: SCOTUS

Post by Goose55 » Tue Oct 27, 2020 6:38 pm

hugodrax wrote:
Tue Oct 27, 2020 5:33 pm
Is the political forum broken?
I didn't know there was one. If there is, should we move the thread there?
"At present we're on the wrong side of the door. But all the pages of the New Testament are rustling with the rumor that it will not always be so." ~ C.S. Lewis

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Re: SCOTUS

Post by hugodrax » Tue Oct 27, 2020 7:03 pm

Goose55 wrote:
Tue Oct 27, 2020 6:38 pm
hugodrax wrote:
Tue Oct 27, 2020 5:33 pm
Is the political forum broken?
I didn't know there was one. If there is, should we move the thread there?
Doesn't matter to me, sir. I think we're both too smart to play around in that opt-in place. :D

Besides, this seems pretty apolitical.
Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth
—Marcus Aurelius

non nobis, Domine, non nobis, sed nomini tuo da gloriam

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Re: SCOTUS

Post by JimVH » Tue Oct 27, 2020 7:10 pm

She kinda has a hot judge thing working.

How’s that for balance.
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Re: SCOTUS

Post by hugodrax » Tue Oct 27, 2020 7:28 pm

JimVH wrote:
Tue Oct 27, 2020 7:10 pm
She kinda has a hot judge thing working.

How’s that for balance.
Fair.
Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth
—Marcus Aurelius

non nobis, Domine, non nobis, sed nomini tuo da gloriam

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Re: SCOTUS

Post by DepartedLight » Tue Oct 27, 2020 7:41 pm

Stanley76 wrote:
Tue Oct 27, 2020 5:58 pm
Y'all think the SCOTUS is off balance now, wait till AFRS gets confirmed.


8-O
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Goose55
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Re: SCOTUS

Post by Goose55 » Tue Oct 27, 2020 8:10 pm

JimVH wrote:
Tue Oct 27, 2020 7:10 pm
She kinda has a hot judge thing working.

How’s that for balance.
Hot, eh? Are you saying she's a 48 year old cougar?
"At present we're on the wrong side of the door. But all the pages of the New Testament are rustling with the rumor that it will not always be so." ~ C.S. Lewis

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Re: SCOTUS

Post by durangopipe » Tue Oct 27, 2020 8:17 pm

hugodrax wrote:
Tue Oct 27, 2020 5:33 pm
Is the political forum broken?
Yes.
Oh, you meant here on CPS. :D

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Re: SCOTUS

Post by DepartedLight » Tue Oct 27, 2020 9:08 pm

durangopipe wrote:
Tue Oct 27, 2020 8:17 pm
hugodrax wrote:
Tue Oct 27, 2020 5:33 pm
Is the political forum broken?
Yes.
Oh, you meant here on CPS. :D
stop it
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Re: SCOTUS

Post by wosbald » Thu Mar 25, 2021 8:50 am

+JMJ+

Neil Gorsuch Supports an Originalist Theory That Would Destroy Modern Governance [In-Depth, Interview]
Image
Justice Neil M. Gorsuch arrives at the U.S. Capitol ahead of the inauguration of President Joe Biden on Jan. 20. Pool/Getty Images

Just one problem: It’s bunk.

On Thursday, the Columbia Law Review published one of the most important and topical scholarly articles in recent memory, “Delegation at the Founding.” Its authors, Julian Davis Mortenson and Nicholas Bagley, put forth a sweeping argument: They assert that an ascendant legal theory championed by conservative originalists has no actual basis in history. That theory, called the nondelegation doctrine, holds that the Constitution puts strict limits on Congress’ ability to let the executive branch set rules and regulations. Congress, for instance, could not direct the Environmental Protection Agency to set air quality standards that “protect public health,” and let the agency decide what limits on pollution are necessary to meet that goal. Nondelegation doctrine has enormous consequences for the federal government’s ability to function, since Congress typically sets broad goals and directs agencies to figure out how to achieve them. The theory is supported by a majority of the current Supreme Court; in 2019, Justice Neil Gorsuch signaled his eagerness to apply the doctrine, and at least four other conservative justices have joined his crusade.

Gorsuch and his allies in academia insist that the men who wrote the Constitution believed in the nondelegation doctrine, giving the theory an originalist pedigree. Yet Mortenson and Bagley, both law professors at the University of Michigan and former Supreme Court clerks, have painstakingly debunked originalists’ claims of historical support for the doctrine. The publication of their article presents a grave challenge to conservative originalists like Gorsuch who purport to follow the evidence even when it leads to an outcome that clashes with their political preferences. As Mortenson and Bagley put it: “You can be an originalist or you can be committed to the nondelegation doctrine. But you can’t be both.”

On Thursday, I spoke with the authors about their paper and the response it has already provoked among academics with near-dogmatic faith in the doctrine they debunk. Our conversation has been edited for length and clarity.

=========================================================================================================================================================================================================================================================================================================

Mark Joseph Stern: What is the nondelegation doctrine?

Julian Davis Mortenson: Nondelegation is a judicially created doctrine that has had exactly one year of actual existence, 1935, over the 2½ centuries of the American republic. It says, in essence, that only Congress can make rules that govern private conduct, and all administrative agencies can do is apply the rules and maybe fill in some small details about the rules in the course of doing their work.

[…]

You spent an enormous amount of time reviewing these originalist theories and assessing them in light of tens of thousands of pages of historical evidence. What did you find?

Bagley: When you talk about the founding era, there’s an awful lot to draw on because founders talked about their new Constitution all the time. If nondelegation was a thing, you should expect to find direct evidence of it. You’d expect it to arise in debates over laws that empower the president to act without much guidance from Congress. And when you look at those debates, it never crops up. It never shows up at all. And when you look at the practice before ratification, the founders delegated power all the time. It’s not a surprise that when they formed this new Constitution, they continued that pattern. If you take a hard look at the evidence people claim for the nondelegation doctrine, it falls apart in your hands. As a matter of historical inference, it can’t stand. History is not a game. It’s not infinitely flexible. You can’t read into it whatever you want.

[…]

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"[T]he emergency of irregular migration has to be met with justice, solidarity and mercy. Forms of collective expulsion, which do not allow for the suitable treatment of individual cases, are unacceptable."
— Pope Francis, Morocco

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