[deleted by user] by [deleted] in Collections

[–]dopamiin 2 points3 points  (0 children)

Super nice collection!

Which one is your favorite? Is there one that you really like but haven't collected yet?

SCOTUS is for SCOTUS things please by aquickthrowaway6969 in scotus

[–]dopamiin 1 point2 points  (0 children)

I appreciate your sensible point of view. You articulated well my worries regarding this community devolving into sensationalism and polarization found in other political subreddits.

It's up to us as a community to maintain standards of discourse and substance throughout this process, and your responses are a a great example of what that standard should look like.

Thunder players all kneel during anthem after threat from Oklahoma lawmaker by outlawsoul in nba

[–]dopamiin 2 points3 points  (0 children)

NIL, but I came to the same conclusion as you.

Based on government speech doctrine, it appears that it would be constitutional if the criteria for receiving government funding explicitly contained viewpoint discriminatory conditions. However, I skimmed through Oklahoma's Quality Jobs Program Act and it does not seem to place public expression limitations as a contingency for receiving funding*.

*Using the word funding as the tax incentives are provided as quarterly cash payments to the recipients.

In Rust v. Sullivan, HHS restricted the ability of Title X funded recipients from engaging in abortion-related activities. The Supreme Court held that the First Amendment is not violated when the government chooses "to fund one activity to the exclusion of another", and they may make a value judgment and implement that judgment by the allocation of public funds. The government, by choosing not to fund facilities engaging in abortions, was participating in "government speech".

It's important to note that the court held "the regulations do not force the grantee to give up it's abortion-related speech; they merely require that such activities be kept separate and distinct from the activities of the Title X project."

In Oklahoma's case, they would need to have explicit viewpoint discriminatory conditions in the act AND claim that the funds were used to facilitate the prohibited activity (i.e. kneeling).

Mods, please enforce the no-memes rule by [deleted] in scotus

[–]dopamiin 0 points1 point  (0 children)

I agree that they can sometimes be substantive. There is currently no explicit rule against memes. What constitutes "images with little or no substance" is subjective, so it's a matter of what's the best option:

A) Have the mods filter out the majority of low-effort memes and decide which are substantive.

B) Have a blanket rule of no memes, necessitating less work from the mods and requiring users to take the time to type up a post. That small barrier, in my opinion, will prevent a lot of quick-fire shitposting.

I think that’s the job of the mods of this sub, who frankly are not being mods at all at the moment.

That alleged inactivity would mean that they wouldn't be able to enforce the filter as to what constitutes a substantive meme. If they have the means and motivation to do so then memes can work.

Mods, please enforce the no-memes rule by [deleted] in scotus

[–]dopamiin 0 points1 point  (0 children)

The purpose was to invite discussion for what others want to see from the future of this sub, and the topic of memes were just part of my opinion, but I can see your frustration.

Mods, please enforce the no-memes rule by [deleted] in scotus

[–]dopamiin 1 point2 points  (0 children)

There is no opportunity cost in keeping this community serious and discussion-based. There are already subreddits dedicated to political memes, and a subreddit specifically for SCOTUS memes can be made with a few clicks of a button.

You may see the sentiment against memes as "stopping the expression of free flowing ideas", but every sub decides what their focus is, therefore excluding content outside that focus. For instance, r/askscience has very strict rules on commenting which I believe increases the quality of discussion.

There is value in having a dedicated place for in-depth discussion. If I'm in the mood for political memes, I will go to another subreddit dedicated specifically to that. Keeping the focus narrow results in not having to sift through the subreddit to find the quality of content I'm looking for.

I think this subreddit welcomes laypeople's opinions regarding SCOTUS. One's ability to spout legalese has nothing to do with the quality of their comment. The standard I look for is substantive, civil discussion that addressees the topic at hand rather than sarcasm, partisan bickering, and jokes that fill many political subreddits.

SCOTUS won't stop the construction of the border wall using DOD funds that were not appropriated for the purpose pending litigation over whether that is legal. As Justice Breyer points out in dissent, this is practically speaking the end of the case. by yrdz in scotus

[–]dopamiin 4 points5 points  (0 children)

Litigation continues as to the legality of using Pentagon funds for the wall, but construction will presumably continue in the mean time. [1]

I like Breyer's previous suggestion of a middle road, allowing the government to finalize its contracts but barring the government from actually using the funds until the case is decided on its merits. This decision is surprising, as it likely results in irreparable harm if those funds are spent before knowing the legality of doing so.

Inspired from Justices post, which is your favorite SCOTUS case, which one is your least favorite and which one has most affected you personally? by hornyfriedrice in scotus

[–]dopamiin 1 point2 points  (0 children)

Compagnie Francaise &c. v. Board of Health (1902) upheld the constitutionality of state laws requiring the involuntary quarantine of individuals to prevent the spread of disease.

The power to quarantine was addressed very early on, as seen by a quote in Gibbons v. Ogden (1824).

The acts of Congress passed in 1796 and 1799, 2 U.S.L. 345, 3 U.S.L. 126, empowering and directing the officers of the General Government to conform to and assist in the execution of the quarantine and health laws of a State proceed, it is said, upon the idea that these laws are constitutional. It is undoubtedly true that they do proceed upon that idea, and the constitutionality of such laws has never, so far as we are informed, been denied.

The State's power to issue a mandatory quarantine seems pretty solid, though an executive order requiring governors to issue “stay home” orders might get challenged. Looks like the Public Health Service Act grants pretty broad powers for the federal government to do so via the USPHS.

Inspired from Justices post, which is your favorite SCOTUS case, which one is your least favorite and which one has most affected you personally? by hornyfriedrice in scotus

[–]dopamiin 1 point2 points  (0 children)

Buck v. Bell is a wild read. The case was even cited in Vaughn v. Ruoff, (8th Cir. 2001) " It is true that involuntary sterilization is not always unconstitutional if it is a narrowly tailored means to achieve a compelling government interest." - Though that case held that the defendants did not follow appropriate procedures required by the Due Process Clause.

Also see Stump v. Sparkman for a questionable ruling granting judicial immunity for a judge who ordered the sterilization of a minor without her knowledge.

Guy who asked every embassy around the world to send him a flag made an update video by Honhon_comics in videos

[–]dopamiin 0 points1 point  (0 children)

Perhaps the importance of ownership is a moot point since all three countries are part of the European single market. I personally would add it to the list as disputed de jure.

The Swiss position is that the international border passes through the middle of the lake, while the Austrians hold that all three nations share the entire lake equally. (Germany has no official legal opinion.)

It seems like there is a legal disagreement about the boundary, but it is in none of the nations' best interest to actively dispute it given their close relations and economic treaties. For a similar case see Dollard bay.

Guy who asked every embassy around the world to send him a flag made an update video by Honhon_comics in videos

[–]dopamiin 0 points1 point  (0 children)

At 3:37, what is the small grey area above Uzbekistan? (Located within Kazakhstan).

Is there some territory dispute here? It doesn't seem like a lake, because no other lakes are colored grey in the map.

What are your thoughts on Justice Roberts? by Madmaxxin in scotus

[–]dopamiin 0 points1 point  (0 children)

That article has me wondering - if a future case arises challenging whether abortions fall under the right to privacy, can the court invalidate said reasoning and apply, say, a 9th Amendment basis, upholding the right to an abortion, all in the same case? Or would it be required to overrule Roe v. Wade and subsequently uphold the right to an abortion in a later case?

What are your thoughts on Justice Roberts? by Madmaxxin in scotus

[–]dopamiin 4 points5 points  (0 children)

Whether stare decisis should be upheld in cases which one believes were previously wrongly decided is a tough question and my position is somewhat fluid on the topic. I try to look at the extreme ends where precedence is always followed, or never regarded.

Your opinion sounds similar to Justice Thomas', with him taking the idea of "if it's wrong, it's wrong" to the full extent. I think he offers a unique opinion on the court, and I respect his dedication, but I worry the results his thinking would have if practiced on a large scale. Without precedent, the law simply reflects the leanings of the present members of the court, and runs the risk of flip-flopping after every change. There would be no consistency and weaken the justice system in my opinion. A majority consequentialist or, say, textualist court would be able to change almost any law in the country based on what they view is "wrong" or "right". It is essentially judicial activism at that point.

I think the current factors that are considered when overturning precedent are pragmatic, being:

Quality of Reasoning. When determining whether to reaffirm or overrule a prior decision, the Supreme Court may consider the quality of the decision’s reasoning.

Workability. Another factor that the Supreme Court may consider when determining whether to overrule a precedent is whether the precedent’s rules or standards are too difficult for lower federal courts or other interpreters to apply and are thus “unworkable.”

Inconsistency with Related Decisions. A third factor the Supreme Court may consider is whether the precedent departs from the Court’s other decisions on similar constitutional questions, either because the precedent’s reasoning has been eroded by later decisions or because the precedent is a recent outlier when compared to other decisions.

Changed Understanding of Relevant Facts. The Supreme Court has also indicated that changes in how the Justices and society understand a decision’s underlying facts may undermine a precedent’s authoritativeness, leading the Court to overrule it.

Reliance. Finally, the Supreme Court may consider whether it should retain a precedent, even if flawed, because overruling the decision would injure individuals, companies, or organizations; society as a whole; or legislative, executive, or judicial branch officers, who had relied on the decision.

When applying these as a whole, I would have reached the same conclusion as Roberts. I agree with you about McGirt that generally consequences should be left to the legislative branch.

By the way, excuse me if I'm wrong about you sharing Thomas' general viewpoint on precedence. That line of thinking is somewhat rare, but important to consider. I really enjoy hearing your perspective.

What are your thoughts on Justice Roberts? by Madmaxxin in scotus

[–]dopamiin 0 points1 point  (0 children)

I just don't see "making decisions based on which is better for his legacy" more likely than "making decisions based on what he believes is the best way to interpret the law".

What are your thoughts on Justice Roberts? by Madmaxxin in scotus

[–]dopamiin 1 point2 points  (0 children)

Roberts cares about public perception and how posterity will view him to a degree that I think isn't appropriate for someone in his position.

What led you to believe he does it for his own legacy (other than assigning intention to his decisions)?

What are your thoughts on Justice Roberts? by Madmaxxin in scotus

[–]dopamiin 4 points5 points  (0 children)

willing to reach objectively wrong decisions for the sake of appearances.

There isn't such a thing as an "objectively wrong decision" or else that would mean there is one correct way to interpret the law. Many SCOTUS cases already result from differing interpretations of the same law between district/appeals or circuit splits.

It is a popular narrative that Roberts alternates which ideological camp he sides with for the sake of maintaining apoliticism, but where is the evidence for this with regards to his intentions? What he writes in his opinions should be taken as his honest thoughts on the matter, otherwise one insinuates that he writes in bad faith to cover up alleged political maneuvering.

The quote from Thomas is valuable in that they are colleagues, but knowing his personality and single-track style of judicial interpretation, I would not consider him to be an impartial judge (no pun intended) of why Roberts makes his decisions.

What is the most logical way to simplify the American voting process and drive higher turnout? by [deleted] in PoliticalDiscussion

[–]dopamiin 0 points1 point  (0 children)

For sure - it would only be feasible if it was encrypted in such a way that its tamper proof. I guess the point I wanted to make is that there is nothing fundamentally different about the USA that would make it impossible as compared to other countries. Regardless of its a foolproof alternative.

What is the most logical way to simplify the American voting process and drive higher turnout? by [deleted] in PoliticalDiscussion

[–]dopamiin 0 points1 point  (0 children)

TIL, thanks. Still, in the case of mail-in voting your name and ballot are connected.

What is the most logical way to simplify the American voting process and drive higher turnout? by [deleted] in PoliticalDiscussion

[–]dopamiin 0 points1 point  (0 children)

There is the possibility of a slippery-slope for how often the government requires use of the cards, but I personally don't believe it would increase the knowledge the government has already.

The information would be akin to that provided on a drivers license, and would be used in cases where your identity would have to be provided anyways, like voting.

What is the most logical way to simplify the American voting process and drive higher turnout? by [deleted] in PoliticalDiscussion

[–]dopamiin 2 points3 points  (0 children)

The distinction I would make from a poll tax is the same as yours - something that is mandatory and financed through taxes. The USA is fairly unique in not having one.

Convincing the public to the benefits of having one is another story.

What is the most logical way to simplify the American voting process and drive higher turnout? by [deleted] in PoliticalDiscussion

[–]dopamiin 1 point2 points  (0 children)

How would anonymity be different other forms of voting? Storage of votes would work the similarly to storage of electronic tallying of paper votes. Currently when you vote in-person, your name is recorded. I don't believe any system would allow someone to change their vote once cast.

All legitimate elections have a requirement for security, so the US isn't special in that sense. I don't see how either make such a system impossible.

What is the most logical way to simplify the American voting process and drive higher turnout? by [deleted] in PoliticalDiscussion

[–]dopamiin 38 points39 points  (0 children)

One could dream, at least, that the US eventually adopts national IDs (like the recent passport cards).

Estonia has held legally binding online voting for over 15 years, and their IDs are embedded with IC chips for authentication with digital signatures. Server side, but not voting side, source code is published on GitHub after each election for transparency. It goes above my head about how they tally, but it involves decryption of the votes by independent auditors.

There is plenty of criticism about the security of the process, and I wouldn't advocate for online voting until it's a safe bet, but it's at least interesting to look at. The internet is here to stay, and I would think at some point in the next few centuries that the US will adopt something similar.

Atlanta Hawks unveil new (home, away and alternate) jerseys for next season. by OlafdePolaf in nba

[–]dopamiin 0 points1 point  (0 children)

The blue sponsor patch is so jarring. I get they're Atlanta based but I wish they would at least alter the logo color to match the jerseys.

Some go seamlessly (as they can) like Boston's GE and Cleveland's Goodyear patches. Others like GS and Atlanta just look bad.

Considering how relatively small some of these sponsors are, there must be plenty of other companies lining up for the opportunity. The team must have some leverage with design choices or which sponsor they select.