Morning Reads for Tuesday, June 5, 2018

Gooooooood Morning! Teri is out of the office this Tuesday so today’s Morning Reads are brought to you from West Central Georgia.

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Andrew C. PopeNoway2016bethebalanceatlindyBenevolus Recent comment authors
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Andrew C. Pope
Andrew C. Pope

Early morning legal analysis: A lot of folks were confused yesterday at the use of the term “narrow” to describe a 7-2 SCOTUS decision. When lawyers use the term “narrow” we’re referring to the scope of the Court’s decision and its applicability outside the case at issue. Accordingly, the decision was “narrow” because the Court’s ruling only applied to the specific facts of the case in front of it and its precedent doesn’t extend to other so-called “religious liberty” cases. The confusion is understandable. A lot of the drive-by journalism on SCOTUS decisions often focuses on the breakdown of the… Read more »

Ellynn
Ellynn

I learned about narrow rulings about ten years ago when drive across the state listening to NPR when a 5/4 narrow ruling came out, and Nina Totenberg explained it all.

atlindy
atlindy

Ted Cruz was one of those guys who was willing to shut down the government indefinitely, let the government default on the debt or do a bunch of other things that would have sent the country into a deep recession and caused lasting economic damage – so long as a Democrat was in the White House. Now that a Republican is in the White House, wrecking the economy today (and tomoorow) in order to save the country from social democracy down the line no longer sounds like such a good idea. Imagine that. It was a terrible strategy anyway if… Read more »

Andrew C. Pope
Andrew C. Pope

Etiquette question: can you disinvite someone who wasn’t going to attend your party anyway?

Mr. Bear
Mr. Bear

If it brings you pleasure, why not? A victimless crime unless you let the dis-invited party know.

The Eiger
The Eiger

This is actually very helpful. I’ll admit I was one of those that was very confused on why this would be called a narrow ruling.

Also, you know I’m not a Cruz fan and this is yet another reason to not like him.

Andrew C. Pope
Andrew C. Pope

See, I have some value around here.

Andrew C. Pope
Andrew C. Pope

This just in: Fox News criticizes Christians for praying publicly
https://deadspin.com/fox-news-shows-eagles-players-praying-falsely-implies-1826564582

bethebalance
bethebalance

I think even the lemmings will realize that Trump moving the goalposts to the locker room is a political ploy. No one will care about “locker room” behavior…

bethebalance
bethebalance

In the locker room, they can even grab each other by the footballs.

PS- what happened to the Edit function? I dug that,

John Vestal
John Vestal

Amy Howe provided some analysis on Masterpiece here at SCOTUSblog (as well as at her eponymous blog), which goes into detail regarding the scope and reasoning behind the ruling…and what it does and does not say about similar/future cases. (h/t SCOTUSblog.com) It should also be noted that, beginning with this Friday’s conference, SCOTUS will consider the petition filed on another similar case: Arlene’s Flowers, Inc v Washington. This is the case involving florist owner Baronelle Stutzman and the lower court rulings (including Washington Supreme Court) finding she violated Washington state’s Consumer Protection Act. the issues brought by the petition are:… Read more »

alpha male
alpha male

A couple of takes from this non- attorney . If off base I imagine someone will correct the record. While certainly not the overarching religious liberty win some of us wanted, this seems to be at least somewhat more important than the left is claiming. Despite the 7-2 vote, this really came down to JusticeKennedy imo. Had he gone the other way, as he is want to do in most cases involving same sex issues, I feel certain the 2 lib justices would have joined him giving the same sex couple the win. That would have been damaging for future… Read more »

Raleigh
Raleigh

Confusing, no. The court decision was very narrow. The fact that the majority severely admonished the Colorado Civil Rights Commission by writing they were hostile and failed to be impartial in its dealings with Phillips. This was less about selling a cake and more about how a government agency treated the baker. The court did say that the larger question would be decided later. My surprise was the 7-2 decision where I expected a 5-4 decision with the real possibility of a 4-5 decision with Kennedy siding with the liberal side of the court as he has done in the… Read more »

Andrew C. Pope
Andrew C. Pope

Nevertheless, while those religious and philosophical objections are protected, it is a general rule that such objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law. When it comes to weddings, it can be assumed that a member of the clergy who objects to gay marriage on moral and religious grounds could not be compelled to perform the ceremony without denial of his or her right to the free exercise of religion. This refusal would be… Read more »

John Vestal
John Vestal

“Had the Commission offered a more neutral proceeding for the baker, it’s likely the decision would have gone 5-4 the other way.”

If the case docs hadn’t shown the hostility/animus by Commission members during the hearing process, would the petition have even been granted?

Raleigh
Raleigh

I don’t doubt your assessment Mr. Pope. I believe without the open hostility that CADA showed the outcome might have been very different. Are we going to need a member of the clergy who is also a baker or a florist before we get to the root of the matter?

John Vestal
John Vestal

Sister Schubert on line 2…

Dave Bearse
Dave Bearse

It’s last week’s news, but some things require a little time to fully comprehend. I love the irony that the new Rosanne show that was supposed to make Trumpers sympathetic characters – they’re not racist conspiracy theorists – failed because show star Roseanne Barr is a racist conspiracy theorist. https://www.thenation.com/article/roseanne-tried-to-use-roseanne-to-prove-that-trump-voters-arent-racist-there-was-just-one-problem/ Ed Burmila is almost always a good read. His Nation article discusses the point of why would ABC and others give a racist conspiracy theorist Trumper a platform to portray theirself otherwise. It’s not as if Roseanne hadn’t already earned that reputation. Roseanne’s series being canceled won’t hurt her much.… Read more »

chamblee54
chamblee54

https://chamblee54.wordpress.com/2018/06/05/the-battle-of-fair-street-bottom/
Stocey Abrams appeared on Democracy Now. She discussed her role in the riots that took place in Atlanta, after the Rodney King verdict.

chamblee54
chamblee54

The lady’s name is Stacey Abrams.

Will Durant
Will Durant

OK I know Georgia has no Civil Rights law to violate, what about the equivalent of Colorado’s Consumer Protection Act (do they also test for THC content on consumer’s behalf?). Is there any reason under the sun other than filling Ralph Reed’s pockets for a RFRA in Georgia?
The Washington florist case could be more ticklish as I recall they have both state civil rights laws inclusive of sexual orientation and a RFRA. But how much did it inconvenience the customers? Are you telling me they couldn’t find a gay florist?

Noway2016
Noway2016

Well, it must be PC Heaven for the Libs. Miss America has no more swim suit and no more evening gowns! Good Lord!!!! I know I can’t wait to see Candi Crowley and Rosanne nervously holding hands to see who’ll wear the crown!!

Ellynn
Ellynn

The new Chair of now all female Miss America Board is former Miss America and former Fox host Gretchen Carlson. Are you saying Gretchen is a liberal?

Andrew C. Pope
Andrew C. Pope

Ellynn… there are very few sanctioned opportunities for old dudes like Noway to lecherously ogle young women without drawing the ire of their wives. Can’t you see why he’s so upset about this?

Noway2016
Noway2016

You just keep eating Cheetos and staring at your poster of Madeline Albright, Sniv!!

Noway2016
Noway2016

Yep!

Noway2016
Noway2016

She’s a lib

Ellynn
Ellynn

This will be news to even her.

Benevolus
Benevolus

The one thing that every tyrant, dictator, king, PR flack, ad exec, and Steve Jobs must know is that people, in general, are gullible and impressionable. You can convince many people of almost anything if you frame it properly. And once you have them hooked, it is damn near impossible to break the spell.

atlindy
atlindy

@Ellyn:

Does Gretchen Carlson have a personal identifiable ideology? Meaning is she politically active when not on the clock? Some of the Fox News talent are merely newsreaders. Not saying that this applies to Carlson, but I am curious.

Even a lot of their talent that self-identifies as conservative, I don’t know. There is a difference between being bigoted and narrow-minded and being able to debate the differences between Wealth of Nations, Atlas Shrugged and Leviathan. A great many of the folks at Fox News fall in the former camp.

Ellynn
Ellynn

To the best of my knowledge she has not shared a political affiliation directly. However; she has stated some personal beliefs and opinions which would lead an average person to know she is not a liberal. I’m not saying she is a conservative either. I know many conservatives who are not bigoted or narrowminded. Last I checked you don’t have to be a liberal or a conservative – I’m not either one. As to Gretchen, her book ‘Get Real’, has sections talking about her faith. She has a very well known stances on religious freedom, and an extreme dislike for… Read more »

atlindy
atlindy

@Ellyn: Thank you for your comments. I will reply by saying that the people who are most likely – and most ardently – to claim that third wave feminism is inherently inccompatible with conservatism are the third wave feminists themselves. First wave feminism and neo-conservatism are fine. Indeed, neocons have co-opted first wave feminism as their own, as evidenced by several conservative organizations named after first wave feminists such as Susan B. Anthony. Second wave feminism and neo-conservatism are compatible enough if one takes an a la carte approach to both. But if third wave feminists state that their ideology… Read more »

bethebalance
bethebalance

I wouldn’t compartmentalize feminism with such generalizations. There may be an academic reason for such generalizations, but such broad strokes will tend to paint individuals incorrectly and unfairly, and lead to bogus social and political boundaries.

Ellynn
Ellynn

I hate the term “Whatever” wave of Feminism. If we are talking about the history of being a feminist or women’s equality, that would be one thing – but applying it to views of current events is silly. It’s like saying, well we apply Reconstruction era gains in civil rights instead of pre-WWII era civil rights to our 2018 daily life. That’s sort of silly and also taking the past and out of the context.

FYI, as ‘waves’ go, we are currently in the start of the Fourth wave.

Will Durant
Will Durant

So if the phone videos of Gwinnett cops elbow smashing and stomping a weed devotee last year were done illegally, will they be admissible in court?

Noway2016
Noway2016

Will, are saying that victims were filming cops beating the suspects and the cops are saying that was supposedly illegal to do so)

Will Durant
Will Durant

Nah, I didn’t word that right. The article linked by Theresa discussing the new hands free law notes that any use short of a swipe while in the roadway whether stopped or not is now illegal and being illegally parked on the shoulder still does not allow phone use. While texting was previously considered illegal under these same circumstances, the two videos that got the cops fired were done by drivers with phones stopped at the light and in the roadway. One Gwinnett motorcycle cop issued something like 2,000 tickets a while back (Stefan linked it here or at PP)… Read more »

Raleigh
Raleigh

Well well, another example of the cost of things when it’s a free government program. With an annual income of less that 429,963 how long will it be before the Atlanta Streetcar will pay for itself? I wonder if they have figured in the cost of adding sleeper cars for the homeless now that they can start riding again.

https://www.ajc.com/news/local-govt–politics/marta-will-make-atlanta-streetcar-free-beginning-july/7GdvT8U2KcmZAdlpp9O2kM/

atlindy
atlindy

@Raleigh: While the streetcar will never be directly profitable – as most government functions will not be by definition – its indirect benefits were massive and transforming. It – along with the Beltline – not only attracted billions of dollars of new development into the city but it directed and concentrated a lot of that development into areas of the city that had been neglected by private enterprise for decades and were huge pockets of blight, poverty and crime. I could understand that a person who doesn’t live in the city would not care about that. I can also understand… Read more »

Andrew C. Pope
Andrew C. Pope

I don’t think Staplehouse (one of the best restaurants in America), Church (one of the best bars in America), and a whole bunch of other places would be there if not for streetcar-related development

Ellynn
Ellynn

Bobby Kennedy died 50 years ago today. My mother told me he was the only democrat her own mother ever wanted to vote for as a president. John was too slick & Teddy too much of a follower grandma said. But Bobby wanted to met and get to know people was her view point at the time. She always told her 8 grandchildren as we were growing up “It’s harder to be mean to someone you know”. She and my other grandmother (who had a JFK photo hanging shire like in her house until she died in 2015) ended up… Read more »

Ellynn
Ellynn

Why… Really,
*** To pass a budget by 10/1 since the president has singled he will shutdown the government if he doesn’t have his wall.
*** To get as many conservative judges okayed in case he looses the senate
*** To prevent current sen dems from campaigning in their home states.

https://www.axios.com/mitch-mcconnell-cancels-august-recess-1528219488-5e059e36-37ff-4f25-92b8-915cb78bf0eb.html?utm_source=sidebar

fundedhttps://www.axios.com/mitch-mcconnell-cancels-august-recess-1528219488-5e059e36-37ff-4f25-92b8-915cb78bf0eb.html?utm_source=sidebar

Ellynn
Andrew C. Pope
Andrew C. Pope

She still hasn’t apologized to McCain, btw.

Noway2016
Noway2016

She’ll apologize when Bill apologizes to Monica…
and…Juanita…and Kathleen…and Paula…and Gennifer…and….

Andrew C. Pope
Andrew C. Pope

sigh

I’m not sure how joking about someone’s terminal brain cancer is in anyway related to sexual assault. But I continually forget that you struck your head 6 months ago and are operating under the amnesiac delusion that Hillary Clinton is President.

Ellynn
Ellynn

Noway, stop the whataboutism and deflecting to the “BUT BILL, BUT HAG’ defense. You want a actual Bill dicussion, go start a new thread on the topic over on todays reads. Bill’s actions don’t void Salters. She was callous. She will not apologize because Trump never apologizes.

Noway2016
Noway2016

Musta hit purdy close to the mark to get Little Sis all riled up…
Listen I cain’t help if y’alls standard bearers are both still Ethically Challenged. For you, though, I’ll try and be a bit more sensitive today.

Ellynn
Ellynn

There you go generalizing and deflecting again. I’m made my dislike of the Clintons well know here in the last 2 years. See you over on todays comments.

Andrew C. Pope
Andrew C. Pope

I will say, the lone silver lining to Trump hiring cretins and goons like Sadler is that I get a tremendous amount of joy when they get canned for being – as expected – incredibly bad at their jobs.