U.S. Supreme Court: Post-Ginsburg Edition

Isn’t enforcement of the Americans With Disabilities Act left up to private citizens?

yes but you need to have standing and it's not a criminal law in disguise, and the main remedy is fixing the thing that is causing harm to the plaintiff. this allows any person to file a "civil lawsuit" where the penalty is a minimum $10k fine and lawyer's fees to the plaintiff if they win. they also can get an injunction but the plaintiff doesn't need to be affected in any way to file, and the injunction doesn't do anything to help them, it just stops the abortion from happening.

I most hopelessly desperate takes I've seen have been all "Hah, the GOP has played right into our hands! What fools! They're like the dog that caught the car! Now abortion becomes the number one gotv mobilizer in all upcoming elections, the new ACA! Texas and other red states will finally turn blue!" Um, OK, sure.

where have you read those takes? I'm not disbelieving you, but, well, that's...not what I'm reading.

On twitter from people.

Might have been this that caught my eye:

To the topic at hand:

There are *far* more voters who support the right to choose — even if they don’t necessarily support abortion — than there are rabid pro-birthers.

Texas just fired up Dems and Independents at what is undoubtedly the low-point of Biden’s Presidency. 2/2

— Angry Staffer (@Angry_Staffer) September 2, 2021

gabbneb lives!

I'm brainstorming a way to do the same thing but with guns.

same thing = apply this bullshit legislative approach

yeah! i'm going to make a list of people i know who have guns and retire on the fines i collect when the democrats win (due to their newly motivated voters) and establish a private right of action to ban them

"We're not banning guns, we just established a private right of action to allow any citizen to confiscate the gun for purposes of destroying them."

Like this would fail scrutiny so fast your head would spin, but in this climate, ugh.

way easier to prove a compelling government interest in keeping my neighbor from having a gun but, you know

Good to see Trump grift accounts are working hard to stay relevant.

????? like what is Biden actually suggesting here

Breaking from Biden:

"I am directing that Council and the Office of the WH Counsel to launch a whole-of-government effort to respond to this decision, looking … to see what steps the Federal Gov't can take to ensure that women in Texas have access to safe and legal abortions."

— Kyle Griffin (@kylegriffin1) September 2, 2021

...move to a different country?

Council and Counsel launching effort to look at steps! Watch out everyone!

Airlifting women from Texas to states that are marginally less hellish.

is there an actual chance of this being blocked at the 5th Circuit Court and then SCOTUS abdicating to hear any appeal due to wanting to appear impartial?

really just trying to figure out what the path forward is (besides the obvious court packing and filibuster abolition, which I don't see Biden trying w/ his approval ratings declining, even though it's the right thing to do)

harbl answered some of my questions above, and obviously it all hinges on a SCOTUS that doesn't respect precedent, but when it comes to the law, I'm terribly lost.

if they had any interest in not appearing impartial you would know by now

tbh while i am a lawyer i avoid paying too much attention to the supreme court because i hate it so i'm not an expert, but whatever happens in the 5th circuit they will take the case

zomg

Statement from Attorney General Merrick B. Garland pic.twitter.com/r2LrUTGvD1

— Anthony Coley (@AnthonyColeyDOJ) September 2, 2021

Council and Counsel launching effort to look at steps! Watch out everyone!

It's all so much simpler when the Supreme Leader can just make the rules and everyone either has to follow them or else be disappeared in the night.

c'mon, I wasn't criticizing them for not taking a more decisive action, just general handwringing about the situation. anyway I think we all agree the safeguards on the process are not respected equally by all sides

anyway I think we all agree the safeguards on the process are not respected equally by all sides

new USA motto

now it is the Supreme Court that is doing precisely that

xxp

I mean I guess the Judicial department *can* look at legal remedies, SCOTUS didn't make a final ruling or anything.

but short of creating a federal abortion center that visits Texas and basically dares civilians to sue them, idk what they could possibly do.

it'd be fine, the justice department could just counter-sue the hundreds/thousand of individual people/militias that sue them

DOJ's gonna submit one hell of an amicus brief on the court challenge to this law.

what do you suggest the DOJ and president do in this situation?

A lot of furrowing?

I would advise them to abolish the filibuster.

the DOJ?

Biden should send hire doctors under federal authority and send them to Texas to protect constitutional medical services at least until the Supreme Court bothers to figure out what the law may or may not be regarding BOUNTIES.

— Elie Mystal (@ElieNYC) September 2, 2021

Not suggesting anything in particular, but here's a list of all of the pro-life OB/GYNs in Texas
https://aaplog.org/find-a-pro-life-obgyn-search/?frm_search=Texas&show_view=yes

btw this thing operates on some kind of anonymous tip website. Crazy.

I would advise them to abolish the filibuster.

― it is to laugh, like so, ha! (Aimless), Thursday, 2 September 2021 bookmarkflaglink

48 Democratic senators have signed onto this bill. The only holdouts: Joe Manchin and Bob Casey https://t.co/CHapZSQOCd

— Andrew Perez (@andrewperezdc) September 2, 2021

I would put Manchin’s daughter in jail and dare him to cry about it

Like how much under-the-table bank is Manchin making off of GOP donors or whoever, seriously

also put that heart attack gun on Breyer like yesterday

Yep, because when the Senate flips in 2022, Moscow Mitch will make sure no Biden nominee gets confirmed.

Like how much under-the-table bank is Manchin making off of GOP donors or whoever, seriously

When the senate flips Biden is getting impeached AND removed

What should also happen is that out-of-state abortion providers should refuse to provide services to all registered republicans.

Given the chances that the Senate flips AND the unlikelihood of a democrat winning in 2024, I think there's a good chance we wind up with a 7-2 court.

can’t wait to see the 40 year old psychopath they nominate to replace Breyer

It'll be fucking Charlie Kirk.

When the senate flips Biden is getting impeached AND removed

― caddy lac brougham? (will), Thursday, September 2, 2021 3:16 PM bookmarkflaglink

no, this is not happening.

the GOP would have to win 31 of 34 Senate races in 2022 to have the 67 votes to convict, and 8 of them are likely slam dunks already for the Dems.

actually, no, it's not even possible. most seats they could have is 64 and that's if they run the table and take all 34.

as far as flipping, well....

it is a worry. Rs are defending more seats, but most of them tend to be in safer states than Ds. Idk that there's more than 2-3 Ds could flip if they lost any incumbent blue seats.