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SCOTUS Catch-all | 2024-25 Term Ends

  • Thread starter Thread starter nycfan
  • Start date Start date
  • Replies: 416
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lawtig02 said:
Mahmoud is next. The conservatives find that parents should have the ability to opt their kids out of public school activities they find offensive or against their religion. No shock based on prior terms, but I literally cannot image how anyone could have the patience to be a public school teacher these days. They get no support whatsoever from the federal government.
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This decision could cause chaos in school curriculum as parents could claim opt out rights for all manner of lessons. The result will likely mostly be public schools becoming much more limited in what they teach in order to avoid the issue altogether. Otherwise, what to do with the opt out kids on any given day? It’s not like public schools are swimming in extra resources to have an opt-out instructor to handle regular opt-outs from any class.
 
nycfan said:
This decision could cause chaos in school curriculum as parents could claim opt out rights for all manner of lessons. The result will likely mostly be public schools becoming much more limited in what they teach in order to avoid the issue altogether. Otherwise, what to do with the opt out kids on any given day? It’s not like public schools are swimming in extra resources to have an opt-out instructor to handle regular opt-outs from any class.
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It's an absolutely colossal catastrophe for public schools, which is what the Pubs have been angling for all along.
 
HintonJamesHeel said:
It’s like anything - the extreme ruins it for all. The book that started it all was teaching elementary school kids that a doctor was just randomly assigning sex at birth and had no insight into what the baby’s sex was.
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There are noted cases where doctors played god in cases where nature didn't full distinguish the physical differences between male and female in a newborn child.

Even then no one knows the mind of a person regarding sexuality at birth.
 
lawtig02 said:
It's an absolutely colossal catastrophe for public schools, which is what the Pubs have been angling for all along.
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I'm trying to think of an analogy. Maybe if every American 65+ had a legal right to enroll in Medicare, but every person could decide (a) what they want to have covered, and (b) what they wanted to pay for that coverage.
 
lawtig02 said:
Nationwide injunctions are gone. Which would have gutted the civil rights movement, but on a positive note, fuck you Matthew Kacsmaryk.
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Not exactly. I can maybe say more later, but I do not hate this opinion. Basically the court viewed the universal injunction as a workaround for class certification (which is sort of correct) and the unavailability of the universal injunction does not preclude a nationwide class.

This isn't a terrible ruling because it knocks out the true bullshit: the 5th Circuit assholes who enjoin the prescription of drugs because of bullshit complaints by a tiny fraction of doctors. No way to make that class certifiable. The birthright citizenship issue is eminently suitable for class certification.

I'd have to think about this more, but my first thoughts are that it's fine. It isn't the rule I would have adopted, but at the moment I don't see too many problems here. I am open to other thoughts, of course, and reserve the right to edit my own if I think about it more.
 
nycfan said:

Justices Let Parents Opt Children Out of Classes With L.G.B.T.Q. Storybooks​

Maryland parents have a religious right to withdraw their children from classes on days that stories with gay and transgender themes are discussed, the court ruled.


Decision: https://www.supremecourt.gov/opinions/24pdf/24-297_4f14.pdf
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How long before Christian nutters take another swing at opting out of classroom discussion of evolution?
 
lawtig02 said:
Yeah, never mind. Looks like they're giving almost unfettered power to the HHS secretary. Which as we know, means we're basically in caveman land for the next few years.
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This is not accurate. Look at the dissenters in that case. It's opinion by Kav, but dissent by the Unholy Trinity. I think all of today's cases break 6-3 or 5-4 on ideological lines, so it's pretty easy to see if the decisions are good or bad simply by looking at the dissenters.

If they didn't give unfettered power to the HHS secretary, then they would have eliminated the Task Force and undone all its work. I mean, the HHS secretary is in fact supposed to have that power, unless I'm not grasping something (possible as I have been super distracted this morning). The HHS Secretary still has to obey the APA
 
Not that this is comforting, but none of these SCOTUS decision days will be particularly meaningful until the day Trump v. US is overruled. Until then, we're a nonfunctional kleptocracy. But I do fully believe these last days of the term are significantly more meaningful that any election day except those in presidential years.
 
superrific said:
This is not accurate. Look at the dissenters in that case. It's opinion by Kav, but dissent by the Unholy Trinity. I think all of today's cases break 6-3 or 5-4 on ideological lines, so it's pretty easy to see if the decisions are good or bad simply by looking at the dissenters.

If they didn't give unfettered power to the HHS secretary, then they would have eliminated the Task Force and undone all its work. I mean, the HHS secretary is in fact supposed to have that power, unless I'm not grasping something (possible as I have been super distracted this morning). The HHS Secretary still has to obey the APA
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Have you read it?
 
Calheel said:
Won’t it just mean that all the cases get filed as class actions going forward? Does it really change anything?
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That's my understanding. It depends on how strict they will enforce the class cert issue. It does, though, favor our side at the moment. We would be cerfifying classes with no problems: there 100% is a certifiable class of all babies born in the United States (or their mothers) and it would take essentially no time to certify it. On the other hand, the conservative fuckery would be much harder to fake under this standard. This might not always be true, but at least for the moment I do not see this is as a major problem
 
Ramrouser said:
TOO.....MUCH.....WINNING!

Seriously, I can see the merit, in limited extreme cases of nationwide injunctions. The problem (as usual) is the libs went way overboard on this with every liberal interest group running to Rhode Island or San Francisco for an injunction. Justice Kagan even raised this in oral argument.
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As usual, you are a fucking idiot who has no clue about anything. Forum shopping for nationwide injunctions was invented by conservatives and has been abused by conservatives more than anyone. It's not even close.

Justice Kagan did not say anything in oral argument remotely confirming your stance. She talked about forum shopping -- indeed, that has been a major problem. She did not pin it on liberals, which is your only contribution and once again it is uninformed.
 
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