Morning Reads for June 27

What’ve you gotten America for her birthday–now a week away!

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John Vestal
John Vestal

The SCOTUS ruling in Florida v Georgia will finally be released today. Really. No, really.
Based on the predictions on those who hold themselves out as being ‘in the know’ and their reviews of the Justices’ comments during oral argument, most expect the Court to follow the recommendation of the Special Master (Ralph Lancaster of Portland, ME) and find in Georgia’s favor.

We should find out shortly after 10:00am.

Really.

John Vestal
John Vestal

The other remaining case is… “Janus v. AFSCME (argued February 26, 2018): This is a case filed by Mark Janus, an Illinois child-support specialist. Although Janus does not belong to the union that represents him, he is still required to pay the union a fee (usually known as an “agency fee” or “fair-share fee”) to cover the costs of collective bargaining from which he benefits. The Supreme Court approved such an arrangement over 40 years ago, but Janus is asking the justices to overrule that decision. He argues that the fee violates his rights under the First Amendment because it… Read more »

atlindy
atlindy

While I am sympathetic to the plaintiff in this case, the last 2 days have been so disastrous to progressives that I hope that the Supreme Court can find a way to throw the left a bone on this case. There are worse things in the world than being forced to pay union fees – i.e. what the American workplace was like before the organized labor movement obtained such things as minimum wage, overtime, workplace safety laws etc. – especially since one can easily avoid them by seeking employment at the vast majority of workplaces that aren’t unionized (as only… Read more »

xdog
xdog

How very dismissive of you, and so early in the morning.

ftr, the biggest unions represent teachers, food and hotel workers, state and county employees, truckers, retail workers, and steelworkers. You know, just the kind of people in need of a scotus freebie.

atlindy
atlindy

“the biggest unions” Not my point or the point. The point is that very few food and hotel workers, retail workers and truckers are actually in those unions, and moreover those jobs do not make union membership mandatory in any way. (There are some niche jobs that require it – i.e. certain mechanics and machinists – but in some cases those also involve professional standards/licensing so it isn’t that cut and dry.) So that leaves teachers and state/county employees. Which I referenced in my own reply. And in that reply I mentioned that being a public employee is a choice.… Read more »

Benevolus
Benevolus

Well what about workers at Koch Industries companies? Or Hobby Lobby? Those companies use profits from their employees work product to influence government policies. Any company part of a trade organization- same thing. How can you single out employee unions? Why does the company get to lobby but not the employees?

John Vestal
John Vestal

In Janus (opinion: Alito), reversed and remanded. SCOTUS holds “that union fees violate “the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern.”

John Vestal
John Vestal

It needs to be noted that this only applies to PUBLIC sector unions.

John Vestal
John Vestal

And we have Florida v Georgia, by Breyer in a 5-4 vote. Breyer is joined by Roberts , Kennedy, Ginsburg, and Sotomayor. Thomas dissents, joined by Alito, Kagan, and Gorsuch. Not a lineup you’re going to see very often, I would venture.

Basically, the Court is saying the Special Master needs to take another look, and has remanded the case back.

Here’s the opinion & dissent

And the Court is done (except orders) until it’s late September 1st conference for the October 2018 sitting. No retirement announcements from the bench today.

Andrew C. Pope
Andrew C. Pope

Did I not call it on Breyer?

Also, John, what are you going to do with your newfound free time?

alpha male
alpha male

Oh yea. Tony Kennedy to retire. Bill Pryor anyone!! ( or anyone the federalist society approves)

alpha male
alpha male

Will be fascinating to see if dems Manchin , Heitkamp, and Donnelly end up supporting the next nominee in what is gonna be an epic confirmation battle.

Caroline
Caroline

I would look at places where Trump has cratered like Ohio. Is Portman going to support a radical? I guess we shall see.

Andrew C. Pope
Andrew C. Pope

Newsflash… he will.

Noway2016
Noway2016

Cratered? Ohio? Lol! You are delusional…

Noway2016
Noway2016

Radical meaning “strict constructionist?”

Andrew C. Pope
Andrew C. Pope

Dude, Noway, you can’t even define what constructionism is

alpha male
alpha male

First, Trump will carry Ohio again comfortably.

2nd- Portman will support the nominee. But the nominee won’t be a radical under anyone’s opinion other than wild eyed leftists. Trump will nominate someone already on his list. No radicals there. Just remarkably abled jurists ( who happen to be Federalist society approved)

Caroline
Caroline

Strict constructionist? Meaning that rights can never be expanded. Sticking to standards of 200 years ago. I mean that phrase is creepy to a lot of people in this country. George W. Bush had to stop using it. And yes, Trump has declined in every state in the union with regards to polling. He is in negative numbers in Ohio. Y’all don’t keep up with much do you? You just continue to reside in that swamp Putin constructed for you. Should presidents who are under at least 3 active criminal investigations be able to pick someone who is going to… Read more »

Andrew C. Pope
Andrew C. Pope

under at least 3 active criminal investigations

If I’m gonna blow up Lindy for citing incorrect information, ima need you to list out the 3 criminal investigations Trump is currently under.

We can argue with facts or we can argue with nonsense. I’d rather argue with facts.

Still waiting on Noway to define strict constructionist for me.

Caroline
Caroline

Okay. 3 criminal investigations. One is for his campaign and their conspiracy against America. The one being conducted by Mueller. The other two were spawned by the suit the NY AG filed which as you know is civil. One is being done by the IRS for him defrauding people with his charity. It has already been reported that Trump filed 4 false tax returns for his charity. Now whether that will end in criminal charges I would not know. The second one is the FEC for campaign finance violations which I understand the kind of inkind contributions he was getting… Read more »

Andrew C. Pope
Andrew C. Pope

One is for his campaign and their conspiracy against America. The one being conducted by Mueller.

That isn’t a criminal investigation.

One is being done by the IRS for him defrauding people with his charity.

That isn’t a criminal investigation either.

The second one is the FEC for campaign finance violations

Also not a criminal investigation.

Look, I know you don’t like the guy, but don’t drop to the level of so many commenters here. Making ish up just undermines your argument.

Noway2016
Noway2016

Drew. Don’t be hatin’ on Caroline! Her posts are cute!

downthemiddle
downthemiddle

Cratered? Hardly. The economy is booming. Idiotic regulations have been massively cut. The military is being funded not gutted. We are now he number one energy producer on earth when libs have done everything to thwart that. They hate fossil fuels remember? (or is that fool?). A second Supreme Court Justice on the way and most like a third in another 6 months. The collusion is a dillusion other than the collusion involving the FBI, the Clintons, Justice Department, the IRS and the press knowing fully in the lies.) We have the crooks at the FBI taking the 5th, Comey… Read more »

Caroline
Caroline

Dude, screaming your talking points over and over with exclamations is not going to change the numbers. Trump’s approval numbers while never good have been stuck around 40% forever. He’s underwater in Ohio and frankly he’s underwater in approval in a lot of states. There’s enough congressional districts where he is underwater for the GOP to lose the house right now and that’s even before the Harley Davidson plant closes down in PA and the nail factory in MO closes down from Trump’s tarriffs.

Caroline
Caroline

Well, here is what they are saying in Indiana: Donald Trump promised to save the Carrier AC jobs, even made a deal on TV that the jobs were saved. The jobs are gone and Trump is a liar and con man. Do not believe a word this man speaks”
– The Indianapolis Star

Pence left IN with a 40% approval rating. I’m not so sure Donnelly is going to have much of a problem with what Trump has done to the state.

Noway2016
Noway2016

Simply YUGE! The Great Man to pick his 2nd Supreme Court Justice! A somber moment, indeed. A greater “Get Out The Vote” motivator has never been presented for our side, America’s Side.

And to the Libs, who right this minute, are popping Advil like Pez and are dejectedly ensconced on their newly inflated rectal donuts, I humbly provide words of comfort and an appropriate quote from your Standard Bearer for Life, William Jefferson Clinton: “You might wanna put some ice on that…”

bethebalance
bethebalance

Sounds like you know a lot about rectal donuts.
Personally, I’d rather abide by the timeless words of the great Alfred E. Neuman: “What, me worry?”

Andrew C. Pope
Andrew C. Pope

Lol. Norway has hemherroids. Explains so much.

Noway2016
Noway2016

Your side has absolutely nothing. LMAO! About anything!! Just an FYI: TGM is about to hold one of his rallies. You might wanna turn on Fox and learn from and watch The Master!! Ohhhhhhh, Merry Christmas! Lol!

Noway2016
Noway2016

Look at that ND crowd!!!! Oh, Man!!!! Look at America!!

Andrew C. Pope
Andrew C. Pope

Noway, after your next round of Preparation H, can you please tell me what a strict constructionist is?

xdog
xdog

White nationalist alert. White deaths exceed births in a majority of U.S. states. Georgia remains barely in the plus column.

atlindy
atlindy

Just curious. What percentage of Trump voters do you believe subscribes to ethno-nationalism? 1%? 5%? 10%? 50%? Before you answer please remember that Trump received a ton of support from voters who regularly supported Democrats in the past. That was something that was oft-discussed in 2016 but seems to have been (conveniently) overlooked since then. Do you think that those voters switched sides because of Trump’s ethno-nationalism? If so, what caused them to support the party that is far more progressive on race – and has been for at least 40 years – before? How did voting for, say, John… Read more »

Andrew C. Pope
Andrew C. Pope

Trump received a ton of support from voters who regularly supported Democrats in the past. That was something that was oft-discussed in 2016 but seems to have been (conveniently) overlooked since then You should really subscribe to the New York Times. They run like 8,000 think pieces per week profiling those very Trump voters you’re talking about. I really don’t think you can ever truly discern the percentage of Trump voters whose votes were racially motivated. The vast majority of people aren’t going to tell a pollster “I believe having more white people is preferable to having more minorities.” They… Read more »

atlindy
atlindy

“You should really subscribe to the New York Times. They run like 8,000 think pieces per week profiling those very Trump voters you’re talking about.” Yes and 7,999 are like this: https://www.theatlantic.com/politics/archive/2018/06/a-history-of-evangelical-fear/563558/ which constitutes nearly all the “analysis.” For a short time after the election there was a legitimate attempt to understand what went on, but that quickly gave way to a version of events that made Democrats feel better about themselves. Which, incidentally, is precisely what happened to the GOP in 2008. For a few weeks folks were actually challenging neo-con economic and foreign policy and listening to people… Read more »

Andrew C. Pope
Andrew C. Pope

For a short time after the election there was a legitimate attempt to understand what went on, but that quickly gave way to a version of events that made Democrats feel better about themselves. Literally 4 days ago… https://www.nytimes.com/2018/06/23/us/politics/republican-voters-trump.html Your side will never win – or even get a good compromise – so long as it insists on conflating legal immigration with illegal immigration. I think there’s a lot more support for all types of immigration than you’re letting on. Also, where are Democrats insisting that legal and illegal immigration should be treated the same? Stop arguing with straw men.… Read more »

Andrew C. Pope
Andrew C. Pope

the views of the Bernie Sanders organizer who was just elected to Congress from New York’s 14th district I wanted to single this out in particular. You’re claiming that Democrats aren’t committed to tackling the issue of immigration because one person in the caucus has a kinda out there notion about abolishing ICE and the party won’t confront her on it. By the same logic, Republicans aren’t committed to tackling the immigration issue because a member of their caucus is literally re-tweeting neo-Nazis and talking about how you can’t “restore our civilization with other people’s babies.” Not only does the… Read more »

atlindy
atlindy

From your link that was literally 4 days ago: “For many Republicans, the audio of children sobbing at a migrant detention center barely registered, because these voters don’t pay attention to the left-leaning and mainstream media that have covered the family separation crisis far more than their preferred channel, Fox News.” That is no different from Sean Hannity 10 years ago ranting about the NBPP intimidating Republican voters at polling precincts. It treats the other side as curiosities in a zoo to be gawked at. “How have Democrats refused to acknowledge that illegal immigration is a “thing in reality?”” Since… Read more »

Andrew C. Pope
Andrew C. Pope

It treats the other side as curiosities in a zoo to be gawked at. No, it sounds like they wanted to explore why Trump’s polling was staying consistent with his base despite a child separation policy that was received negatively by a majority of Americans. To me that would be the very definition of attempting to “understand what was going on.” Since Democrats no longer even so much as use the term Re-read that article. The term “illegal immigrant” carries political and social connotations. Using a phrase that is less loaded politically – like “undocumented immigrant” – doesn’t mean Democrats… Read more »

xdog
xdog

Depends. If by ethno-nationalists you mean Kluxers and Christian Identity types, not many at all. Those people have enough trouble remembering where they parked their car.

But if you’re talking about supporters who believe discriminatory policies are necessary while at the same time denying such policies would discriminate, quite a few. More every day it seems.

atlindy
atlindy

“But if you’re talking about supporters who believe discriminatory policies are necessary while at the same time denying such policies would discriminate, quite a few. More every day it seems.”

Can you please elaborate? I am not trolling. I am serious. What are the discriminatory policies that you speak of? To keep it simple, I will concede you the travel ban. Can you list some examples of others?

xdog
xdog

Damn, I was gonna mention the travel ban first. Off the top of my head, jump-starting the war on drugs, reversing policies to keep people out of jail just because they’re poor, opposing sentencing reforms. Blowing off the National Voter Registration Act. Dropping federal opposition to voter ID laws as intentionally discriminatory. Revising Title IX. There’s economic discrimination too. I look at the whole damn tax giveaway to corporations and the wealthy as a stick in the eye to most Americans. Naming Mulvaney to hobble the CFPB. The infrastructure proposal that would shift public assets to private hands. The steel… Read more »

atlindy
atlindy

@xdog: 1. There are a lot of things that free traders can say about tariffs but calling them discriminatory is not one of them. Among other things, it ignores that free trade ideology was practically nonexistent in both parties before the rise of George H. W. Bush. Progressives tend to have this “the world only began to exist yesterday” attitude that pretends as if human civilization would cease to exist were policies that they put in place just 10-20 years ago were to be overturned (exhibit A: DACA). Conservatives shouldn’t follow their example. 2. “jump-starting the war on drugs” that… Read more »

atlindy
atlindy

@Andrew Pope: So you are ignoring the guy who asserts that deportation is ethnic cleansing? You are being far more selective than I am. Look. It is your party that has adopted the stance: “we should only deport undocumented people that have broken the law.” Dissonance much? That stance is decriminalization. No different from the stance that illegal drugs should be decrmininalized. And the justification for both are often the same … disproportionately impacts the poor and minorities, causes unjust policing, breaks up families, it redirects law enforcement resources that would be better used elsewhere etc. Which is the stance… Read more »

Andrew C. Pope
Andrew C. Pope

But never forget that Jeff Sessions and the CBC had the same policy positions on the drug war in the 1980s, which should give you pause before you attribute the opinions of those that haven’t changed to racism. You’re incorrectly assuming that everyone who supports a policy or piece of legislation does so for the exact same reasons. Some folks likely supported tougher drug laws because they thought it would improve black communities by getting dealers off the streets. Some folks likely supported tougher drug laws because it was an attractive vehicle for depressing black communities. The former have likely… Read more »

Andrew C. Pope
Andrew C. Pope

So you are ignoring the guy who asserts that deportation is ethnic cleansing? Who are you talking about? The only person I know of equating deportation to ethnic cleansing is Steve King and he’s a big big fan of deportation. Look. It is your party that has adopted the stance: “we should only deport undocumented people that have broken the law.” There you go constructing straw men again. The stance isn’t “let’s only deport undocumented people that have broken the law” it’s “let’s prioritize resources on deporting aliens who have actually demonstrated they are a danger to their communities.” This… Read more »

xdog
xdog

atlindy at 12:19 Your question asked about discriminatory policies but your response to my post ignores discrimination without racism. You’re like Rand Paul taking pains to instruct Howard U students on the origins of the NAACP. Yes, Rand, and what else is new? What Billy McKenney thought 35 years ago and what TWS and NR write about have as little to do with the results of current policy as a 20 year old movie. So Sessions and other anti-drug absolutists have felt the same way for years. How does that justify what happens to the rest of us when they… Read more »

atlindy
atlindy

Can any of the lawyers on here provide the textbook definition of assault? Because she is totally up in this guy’s face, threatening, abusing and accosting him, which puts it way past any notion of “free speech” in my opinion. Libertarians used to have this saying “your rights stop at my face.” (It seems that the “new left” rejects this but that is another story …) Well it looks like this woman is well past “stop” here. Again, there is the difference between yelling political slogans that someone finds offensive as they are passing by and getting in someone’s face… Read more »

John Vestal
John Vestal

Definitely behavior that would warrant getting kicked out of a restaurant.

Andrew C. Pope
Andrew C. Pope

California Penal Code 240: “An assault is an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another.” Example – Aaron takes a swing at Benny, but Benny is able to duck and avoid being hit. Despite whiffing, Aaron has still committed assault. I don’t think there’s anything in the video to support an assault charge. However, he could elect to sue her in a civil case alleging the intentional tort of assault. Assault requires: 1) an act intended to cause apprehension of harmful or offensive contact; and 2) the act did cause apprehension… Read more »

atlindy
atlindy

So it is perfectly legal to threaten someone and make someone feel unsafe from bodily harm. So you are legally required to wait for the other party to “take the first blow” and then be obliged to defend yourself, even if there is good reason to believe that the other party’s first blow can overpower your attempt to defend yourself and debilitate you. (Of course if you are legitimately afraid you can run away, but why should a law abiding citizen be required to yield to an agressor? California is not a “stand your ground” state but still.) Interesting.

Thanks!

Andrew C. Pope
Andrew C. Pope

No. If you feel a reasonable apprehension of physical or offensive contact, you can utilize self-defense. That self-defense needs to be proportional to the threatened harm, however. If an old lady is screaming in my face and I’m reasonably apprehensive she might haul off and hit me, I can push her out of the way or restrain her hands. I don’t have to run away. I don’t have to wait for her to take a swing or land a punch. This is equally applicable in “stand your ground” and non “stand your ground” states. Also, the right to self-defense terminates… Read more »

atlindy
atlindy

I understand better now. Thanks.

“Juries would look at the physical characteristics of the aggressor and the victim to determine whether that apprehension of harm is reasonable.”

I have always wondered why more criminal defendants – at least those who are convinced of their own innocence – don’t opt for trial by judge. But I guess that is another story for another day.

Andrew C. Pope
Andrew C. Pope

I have always wondered why more criminal defendants – at least those who are convinced of their own innocence – don’t opt for trial by judge

Because you just need to sew doubt in one lay juror. Much easier to find an empathetic juror than it is to find a empathetic judge.

Noway2016
Noway2016
Andrew C. Pope
Andrew C. Pope

“There is no question that we have evidence and information that Iraq has weapons of mass destruction”

– Ari Fleischer 3/21/2003

atlindy
atlindy

Good one.

xdog
xdog

He’ll always be Bush’s Baghdad Bob to me.

atlindy
atlindy

That is unfair! After all, Baghdad Bob was 100% right about the lack of WMDs, or of any “imminent plot” between Saddam and bin Laden to attack us. So his batting average actually far exceeded his counterpart’s.

Benevolus
Benevolus

I have to admit, I don’t really understand the water war issue. Isn’t the vast majority of water Atlanta uses returned to the ‘Hooch? Sure, there is some evaporation, and lawn care usage goes into the water table I guess, but almost everything else is in a closed system that is piped through the sewer lines, cleaned up, and sent back to the river. Why would there be a shortage downstream? If this were Las Vegas, with limited water to begin with, you could see where there just isn’t enough water to support more and more people using water at… Read more »

Andrew C. Pope
Andrew C. Pope

The water isn’t returned to the Chattahoochee, it’s returned to Lake Lanier.

The downstream communities are complaining because, as riparian rights holders, they have a right to receive waters undiminished in flow and quality. Their argument is that Atlanta uses up the water – reducing downstream flows – and sends it back to Lake Lanier where the process starts all over again.

Mr. Bear
Mr. Bear

How in the world is the water returned to Lake Lanier from Atlanta?

Andrew C. Pope
Andrew C. Pope

Some metro Atlanta communities draw water directly from, and return water directly to, Lake Lanier. Others draw it out of the river and it’s returned directly to the Lake. The City of Atlanta, proper, just puts it back in the river. In addition to water trapped in septic tanks (roughly 1/3 of metro Atlanta homes), transfers outside of the Chattahoochee portion of the ACT basin (last figure I checked we transfer 67.3 mgd out of the basin and only get back 20.6 mgd). This isn’t a perfectly closed system.

Andrew C. Pope
Andrew C. Pope

It should also be noted that much of DeKalb and Gwinnett counties are outside the Chattahoochee basin and receive transfers from the Chattahoochee River Basin with the waste water going back into the South or Yellow Rivers.

Mr. Bear
Mr. Bear

So, we’re talking about places like Cumming, Gainesville and Suwanee; “Atlanta” in the macro sense. There’s a fair bit of crossover, with some tap water coming from the Atlanta system into Brookhaven rather than DeKalb’s. And DeKalb’s intakes are on the Chattahoochee but the lumpy side goes to the Yellow River and Flint. In any case, the same issue faces the entire region and, as has been noted with the traffic problem, very little has been done on a proactive basis and we’re enjoying the results now.

Andrew C. Pope
Andrew C. Pope

City of Atlanta only makes up 486,000 of the 6.5 million metro population, so when talking about water usage I thought the “metro”-Atlanta was implied.

atlindy
atlindy

What we are missing is that Georgia has taken the same neglectful approach to metro Atlanta water issues as it has to public transportation – which includes highways! – and for the same amount of time: decades. Metro Atlanta has grown from 10 counties with a population of less than 2 million to 28 counties with a population approaching 6 million in less than 25 years. They haven’t done squat in terms of major, or even minor, infrastructure to accommodate that growth in all that time because it costs money, requires challenging both NIMBY and environmentalist types for right of… Read more »

Andrew C. Pope
Andrew C. Pope

Don’t compare Atlanta to any city west of the Mississippi River. Those states apply the doctrine of “prior appropriation” – i.e., the first person to take use of a water source for beneficial purpose has a right to continued use of that quantity of water for that purpose. Everyone east of the Mississippi applies the “riparian doctrine” – i.e., the landowner has the right to make reasonable use of the water course as long as that use does not interfere with the reasonable use of another downstream landowner.

Caroline
Caroline

I live in an area where people commute 90 minutes each way to work. You mention something like high speed rail or any type of public transportation that might alleviate the problem they have a meltdown because they think they are going to have to ride on it with black people or black people are going to come to their area. Their ridiculous racists attitudes have been holding back metro Atlanta for longer than I care to think.

Dave Bearse
Dave Bearse

The case is much more a state level than a metro Atlanta thing. The Chattahoochee basin in and north of metro Atlanta constitutes on the order of 15% of the entire basin, so despite line and other losses and interbasin transfers, water loss due to metro Atlanta is single digits.

Will Durant
Will Durant

Actually the perennial target is Lake Lanier/Buford Dam and only 5-6% of the ACF basin drains into Lanier. It is the usual suspect trotted out each time mostly because the initial federal money granted to the Corps of Engineers for the dam did not stipulate that it was to be used as a water reservoir. The dam helps FL/AL during drought periods however. The biggest factor affecting the amount of water making it to Apalachicola during droughts is the Flint which has no dams to control. The biggest factor in recent years in and around the Flint has been rampant… Read more »

Dave Bearse
Dave Bearse

Fly south. I drive some back roads in southwest Georgia a half dozen times a year, and more often than not in summer my vehicle is wetted by irrigation water.

Not that it’s significant or gross waste, but keep irrigation water on crops, and if the couple percent at the fringe of fields suffer a little, so be it. It shows that water is indeed undervalued by some users.

Jack Fitz
Jack Fitz

Democrats need to view immigration through an economic and assimilation lens. We’ve got a labor shortage and these folks can help to drive GDP growth. Give them work visas, teach them English, feed them Big Macs, and have them pay taxes. Admit we have a border security issue, throw some bones that way, but do so while pushing for more work visas and driving economic growth and the tax digest. We do an amazing job of assimilation in this country and pushing things like English, college football, and terrible fast food would go a long way in winning over reluctant… Read more »

Noway2016
Noway2016