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Joined 2 years ago
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Cake day: July 1st, 2023

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  • Congress shall make no law, this actually could be interpreted quite literally by the courts that it is perfectly acceptable for a state to not only establish a religion but to criminalize other beliefs.

    Reading one piece of the Constitution or the text of any specific statute is kind of useless in our legal system. Other parts of the Constitution, the laws, and the case law that’s been established over centuries and decades also have parts to play.

    This particular legal situation has been argued before, and it’s very settled law (at least for now.) Specifically, the 14th Amendment has been viewed to expand many of the Constitutional provisions that originally only restrained Congress to apply to the state governments as well.

    It’s most likely to be slapped down in district court, slapped down in the appellate court, and then declined by SCOTUS.






  • I think a lot of people are surprised by this, but I think it’s mostly 9-0 because it wasn’t really settled on any merits – these people just did not have standing to sue.

    I’m pretty sure this came out of the 5th Circuit and I’d expect to see more rulings like this smacking the 5th Circuit down because it specifically has gone off the rails and started making insane rulings unsupported by any law or precedent.

    While SCOTUS has made some questionable rulings in the last several years, they’re still going to punt in obvious situations where they can.



  • They’re trying to shift the party even further right to gobble up the Never Trump Republicans. It wouldn’t surprise me if it’s a long term goal in order to further minimize the progressive agenda within the party. Pull enough conservatives into the party and you’d have one big party that’s right of center, a smaller fascist party, and an unorganized gaggle of progressives.

    I also think it’s generally quite a stupid play that’s going to backfire on them and probably just empower the fascists.