SC Says Constitution Does Not Bar Partisan Gerrymandering

[ex-khobar Andy]

Oh for fuck's sake.

Nice place you had here. Sorry to see it go.

[ex-khobar Andy]

The NYT piece has been up for just under an hour. Already there are 608 comments. You can guess the flavour of most of them.

Kagan is reading her dissent into the record which is usually a sign that she is extremely pissed. I look forward to reading it.

[ex-khobar Andy]

Kagan is livid. A sentence or two from the dissent:

So the only way to understand the majority’s opinion is as follows: In the face of grievous harm to democratic governance and flagrant infringements on individuals’ rights—in the face of escalating partisan manipulation whose compatibility with this Nation’s values and law no one defends—the majority declines to provide any remedy. For the first time in this Nation’s history, the majority declares that it can do nothing about an acknowledged constitutional violation because it has searched high and low and cannot find a workable legal standard to apply.

You can read the whole opinion - majority by John Roberts and Kagan's dissent, here.

[Guinevere]

I have two other decisions which impact my legal practice to read this afternoon before I can get to this case, but I'm fucking livid too - god bless Kagan!

This Court is extremely fractured. Look at how the decision came down in one of them I'm reading right now:

KAGAN, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–B, III–B, and IV, in which ROBERTS, C. J., and GINSBURG, BREYER, and SOTOMAYOR, JJ., joined, and an opinion with respect to Parts II–A and III–A, in which GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. ROBERTS, C. J., filed an opinion concurring in part. GORSUCH, J., filed an opinion concurring in the judgment, in which THOMAS, J., joined, in which KAVANAUGH, J., joined as to Parts I, II, III, IV, and V, and in which ALITO, J., joined as to Parts I, II, and III. KAVANAUGH, J., filed an opinion concurring in the judgment, in which ALITO, J., joined.

[Scooter]

In better news, however, Roberts gave Trump the finger on the census question about citizenship.

[Econoline]

So the 14th Amendment isn't enforceable by the Federal government anymore?

---

Well, on the plus side, Supreme Court decisions aren't really precedent anymore; as soon as we can flip the court they can reverse it all. Right? <—(Credit where due: I stole this from a comment by Stuart Wheaton on Jim Wright's Facebook page.)

[Burning Petard]

Seems the newest Supremes suffer from the same tunnel vision that Krugman has accused GOP legislators of carrying.

Their job title is NOT "Judge" ! ! ! it is JUSTICE. The majority option says that no matter how unseemly the result, the courts must stay out of politics. For the majority, justice in this case has no significance. The majority says the remedy is elections and actions by legislators. But that is very heart of the case--the actions of the legislators rig the results of the elections.

This thing could become as notorious as Plessy v Fergusen

later edit: The NY Times today quotes the majority admitting this opinion abandons justice: "Excessive partisanhip in districting leads to results that reasonably seem unjust" but don't look to the courts for justice in this stuff.

snailgate

[ex-khobar Andy]

In better news, however, Roberts gave Trump the finger on the census question about citizenship.

And late last night the DoC, who oversee the census, announced that they were moving forward without the question. Basically they were running out of time to get the forms printed. Wilbur Ross said on Tuesday night, according to NYT:

“The Census Bureau has started the process of printing the decennial questionnaires without the question,” he said. “My focus, and that of the Bureau and the entire Department is to conduct a complete and accurate census.”

Of course Trump is having none of this. He tweeted this afternoon:

“The News Reports about the Department of Commerce dropping its quest to put the Citizenship Question on the Census is incorrect or, to state it differently, FAKE!” Mr. Trump wrote Wednesday on Twitter. “We are absolutely moving forward, as we must, because of the importance of the answer to this question.”

NYT and CNN should sue the fucker for libel. They can get a few mill out of it. More importantly, it might shut him up for a week or two.

[ex-khobar Andy]

Double post deleted.

[MajGenl.Meade]

“We’ll see what happens,” Mr. Trump said Friday. “We could also add an addition on. So we could start the printing now and maybe do an addendum after we get a positive decision. So we’re working on a lot of things including an executive order.”

[ex-khobar Andy]

Re the image of Cnut the Great (surely there's a jkoe there but good taste prevents me from attempting it): I cannot put it better than the Wikipedia entry.

He is popularly invoked in the context of the legend of King Canute and the tide, which usually misrepresents him as a deluded monarch believing he has supernatural powers, contrary to the original legend which portrays a wise king who rebuked his courtiers for their fawning behaviour.

I knew Cnut the Great. Cnut the Great was a friend of mine. Mr President, you're no Cnut the Great.

[RayThom]

You sly devil, you. I see what you did there.

[MajGenl.Meade]

But he is a bit of a cnut, no?

[RayThom]

But he is a bit of a cnut, no?

Fcukin' 'A,' right.