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Thread: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

  1. #261

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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    That Gorsuch ruling that SCOTUS just zinged 8-zip really does look pretty craven. When you're too vicious for Alito, time to check yourself.

    Under Gorsuch’s opinion in Luke P., a school district complies with the law so long as they provide educational benefits that “must merely be ‘more than de minimis.’”

    “De minimis” is a Latin phrase meaning “so minor as to merit disregard.” So Gorsuch essentially concluded that school districts comply with their obligation to disabled students so long as they provide those students with a little more than nothing.

    All eight justices rejected Gorsuch’s approach. IDEA (Individuals with Disabilities Act), Chief Justice Roberts wrote, “is markedly more demanding than the ‘merely more than de minimis’ test applied by the Tenth Circuit.” Indeed, Roberts added, Gorsuch’s approach would effectively strip many disabled students of their right to an education.
    Last edited by Kepler; Today at 02:21 PM.
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  2. #262
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by Kepler View Post
    That Gorsuch ruling that SCOTUS just zinged 8-zip really does look pretty craven. When you're too vicious for Alito, time to check yourself.
    It would be interesting to see the details of this like the frozen trucker.

    The court wasn't deciding on a constitutional issue. It was deciding the applicability of a law.

  3. #263
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by unofan View Post
    Nope, except as it relates to the government doing the killing. 5th amendment says you can't be deprived of life, liberty, or property by the government without due process. The corollary is that you can be deprived of those things with due process.

    Criminal law is almost always left up to the states. Murder is only a federal crime under certain circumstances, because the federal government doesn't have general police powers.

    A general principle to remember is that, with some exceptions, the Constitution applies solely to governments and says what they must, can, and cannot do. It very rarely applies to private individuals.

    Gay marriage is legal because the 14th amendment prohibits the government from discriminating when issuing marriage licenses. A private business firing someone who is gay is still legal in many states because they haven't chosen to make such actions illegal.
    I get all that but I am still confused...there are guidelines set up that protect workers from unsafe work environments both federally and statewide? Wouldnt this law be in conflict with that in this instance?

    Honest questions by the way because when I was studying law this wasnt the stuff we were studying.
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  4. #264
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by Kepler View Post
    That Gorsuch ruling that SCOTUS just zinged 8-zip really does look pretty craven. When you're too vicious for Alito, time to check yourself.
    Yeah not sure how Gorsuch thought that was going to hold up when he made his decision.

    It is definitely interesting to look into cases when the judges are being vetted. Their reaction is often more telling after the fact than the opinion was originally.
    "It's as if the Drumpf Administration is made up of the worst and unfunny parts of the Cleveland Browns, Washington Generals, and the alien Mon-Stars from Space Jam."
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  5. #265
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    Quote Originally Posted by Handyman View Post
    I get all that but I am still confused...there are guidelines set up that protect workers from unsafe work environments both federally and statewide? Wouldnt this law be in conflict with that in this instance?

    Honest questions by the way because when I was studying law this wasnt the stuff we were studying.
    If one federal statute conflicts with another federal statute, judges are to attempt to interpret them in a way so that both will survive. Where that is impossible (law X says red things are banned, law Y says red things cannot be banned), there have been entire forests that have been killed to try to determine which survives and which doesn't.

    More to the point, though, there may not have been a conflict here. This is likely the workplace safety law applicable to truckers, and it just happened to have a gap in coverage, at least as far as Gorsuch saw it. That may be a flaw in the law, but it's not necessarily in conflict with anything else.

  6. #266
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    How about not "changing the facts" of the case and simply judge it as is? More false equivalence from the board's best.

  7. #267
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    Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day

    Quote Originally Posted by unofan View Post
    If one federal statute conflicts with another federal statute, judges are to attempt to interpret them in a way so that both will survive. Where that is impossible (law X says red things are banned, law Y says red things cannot be banned), there have been entire forests that have been killed to try to determine which survives and which doesn't.

    More to the point, though, there may not have been a conflict here. This is likely the workplace safety law applicable to truckers, and it just happened to have a gap in coverage, at least as far as Gorsuch saw it. That may be a flaw in the law, but it's not necessarily in conflict with anything else.
    Cool thanks for the info
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