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SCOTUS prediction thread:
Posted by: sekker
Date: October 26, 2020 08:26PM
ACA is done - Originalists' view - 'health care not in the Constitution.'

RvW - everyone has the right to control their own bodies, except for women

Voting - non-whites counted as 3/5 human, so that's what we should do in 2020.
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Re: SCOTUS prediction thread:
Posted by: RgrF
Date: October 26, 2020 08:29PM
Voting - non-whites counted as 3/5 human, so that's what we should do in 2020.

Maybe even expand it to: all non-Republicans counted as 3/5 human voters, so that's what we should do in 2022.
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Re: SCOTUS prediction thread:
Posted by: Pam
Date: October 26, 2020 08:41PM
No environmental regulations, no worker rights, no consumer rights, no equal rights for any non white male, no LGBTQ rights, religious liberty of 20% of the country takes precedent over everyone else.
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Re: SCOTUS prediction thread:
Posted by: p8712
Date: October 26, 2020 08:43PM
Well, I would’ve liked to have gotten married, but I guess that’s off the table now.
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Re: SCOTUS prediction thread:
Posted by: sekker
Date: October 26, 2020 08:45PM
I used to think such 'originalists' believed in 'states rights' - that is, what isn't specifically reserved to the feds in the Constitution belongs to the states.

If we lived in a true 'originalists' country, I could live in Minnesota knowing I would not have to suffer from the far rights in South Dakota.

Instead, we are living in the worst of both worlds - conservative while also being proactive.



Edited 1 time(s). Last edit at 10/26/2020 08:45PM by sekker.
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Re: SCOTUS prediction thread:
Posted by: RgrF
Date: October 26, 2020 10:19PM
Quote
sekker
I used to think such 'originalists' believed in 'states rights' - that is, what isn't specifically reserved to the feds in the Constitution belongs to the states.

If we lived in a true 'originalists' country, I could live in Minnesota knowing I would not have to suffer from the far rights in South Dakota.

Instead, we are living in the worst of both worlds - conservative while also being proactive.

Sortta' like our brand of "free market" capitalism where the big guys get losses socialized but profits capitalized?
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Re: SCOTUS prediction thread:
Posted by: Don C
Date: October 26, 2020 11:19PM
We get to have the '50's all over again! Good for some folks, not so good for others, but the "good" folks get to make the rules.
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Re: SCOTUS prediction thread:
Posted by: Sam3
Date: October 27, 2020 04:49AM
Quote
Don C
We get to have the '50's all over again! Good for some folks, not so good for others, but the "good" folks get to make the rules.

Actually, we get to have the 1920's and 30's all over again, as the whole idea of "originalists" came from Big Business tycoons who saw their ability to run their companies and their workers as they wanted to taken away by Roosevelt and the New Deal. The abortion, LGBTQ+ rights, racial rights, etc is just window dressing used to sell the unferttered Capitalistic anti-worker, anti-environmental, anti-consumer protections abilities to the gullible public.




The arts are not luxuries but assets that give way more than they cost.
--Ronald Tucker on YouTube

A mind is like a parachute. It doesn't work if it is not open.
--Frank Zappa
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Re: SCOTUS prediction thread:
Posted by: Speedy
Date: October 27, 2020 08:51AM
Quote
Sam3
Quote
Don C
We get to have the '50's all over again! Good for some folks, not so good for others, but the "good" folks get to make the rules.

Actually, we get to have the 1920's and 30's all over again, as the whole idea of "originalists" came from Big Business tycoons who saw their ability to run their companies and their workers as they wanted to taken away by Roosevelt and the New Deal. The abortion, LGBTQ+ rights, racial rights, etc is just window dressing used to sell the unferttered Capitalistic anti-worker, anti-environmental, anti-consumer protections abilities to the gullible public.

Maybe, but their are plenty who hate the gays and are racist to the core who don’t need a sales pitch and are just being co-opted and have been since Nixon. And that’s just amongst the justices.


Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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Re: SCOTUS prediction thread:
Posted by: sekker
Date: October 27, 2020 11:57AM
Well, so long as the proposed tax reform bill is not considered unconstitutional, a lot can be done without changing the SCOTUS.

But social progress like civil rights are on life support.
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Re: SCOTUS prediction thread:
Posted by: rjmacs
Date: October 27, 2020 01:06PM
No wealth tax will survive this court, I guarantee it.


rj
AKA
Vreemac, Moth of the Future
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Re: SCOTUS prediction thread:
Posted by: Ted King
Date: October 27, 2020 01:34PM
Quote
rjmacs
No wealth tax will survive this court, I guarantee it.

That's what I think, too. Making sure wealthy people keep as much of their wealth and power as possible is probably a higher priority with this court than "conservative" social issues.
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Re: SCOTUS prediction thread:
Posted by: Acer
Date: October 27, 2020 01:48PM
Quote
Ted King
Quote
rjmacs
No wealth tax will survive this court, I guarantee it.

That's what I think, too. Making sure wealthy people keep as much of their wealth and power as possible is probably a higher priority with this court than "conservative" social issues.

That is the goal. Pro-life is the trojan horse they have been using since the 1980s to skew the court to favor the wealthy.
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Re: SCOTUS prediction thread:
Posted by: sekker
Date: October 27, 2020 02:41PM
Quote
rjmacs
No wealth tax will survive this court, I guarantee it.

On what grounds is a tax unconstitutional?
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Re: SCOTUS prediction thread:
Posted by: rjmacs
Date: October 27, 2020 04:42PM
Quote
sekker
Quote
rjmacs
No wealth tax will survive this court, I guarantee it.

On what grounds is a tax unconstitutional?

There is no federal authority to tax accumulated wealth. In order to institute a federal income tax, a constitutional amendment was required. Another will be required to tax wealth.


rj
AKA
Vreemac, Moth of the Future
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Re: SCOTUS prediction thread:
Posted by: Ted King
Date: October 28, 2020 08:47AM
Quote
rjmacs
Quote
sekker
Quote
rjmacs
No wealth tax will survive this court, I guarantee it.

On what grounds is a tax unconstitutional?

There is no federal authority to tax accumulated wealth. In order to institute a federal income tax, a constitutional amendment was required. Another will be required to tax wealth.

There are plausible arguments that the Supreme Court could embrace for saying that a tax on wealth is Constitutional, but it's at best an "iffy" area. And, as you imply, THIS Supreme Court is extremely unlikely to rule that such taxes are Constitutional.

Here's an NPR article that delves into this fairly well if anyone is interested in reading up on it:

[www.npr.org]
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Re: SCOTUS prediction thread:
Posted by: Ted King
Date: October 28, 2020 11:05AM
Quote
Ted King

Here's an NPR article that delves into this fairly well if anyone is interested in reading up on it:

[www.npr.org]

Just thought I'd point out that that article has a fascinating link to taxes on wealth that Trump proposed when he was a candidate for president for the Reform Party in 1999:

[www.cnn.com]

Quote

Trump, a prospective candidate for the Reform Party presidential nomination, is proposing a one-time "net worth tax" on individuals and trusts worth $10 million or more.

By Trump's calculations, his proposed 14.25 percent levy on such net worth would raise $5.7 trillion and wipe out the debt in one full swoop.

The U.S. national debt decreased by $9.7 billion in September but remains at $5.66 trillion, according to the latest U.S. Treasury figures.

The net worth tax is the cornerstone of Trump's economic plan released Tuesday morning.

"No one has put forward a plan to make this country entirely debt free as we enter the next millenium," Trump said in a written statement.

"The plan I am proposing today does not involve smoke and mirrors, phony numbers, financial gimmicks, or the usual economic chicanery you usually find in Disneyland-on-the-Potomac," Trump said.

Trump would exempt the value of an individual's principal home from the net worth total.

"By my calculations, 1 percent of Americans, who control 90 percent of the wealth in this country, would be affected by my plan," Trump said.

"The other 99 percent of the people would get deep reductions in their federal income taxes," he said.



Edited 1 time(s). Last edit at 10/28/2020 11:06AM by Ted King.
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Re: SCOTUS prediction thread:
Posted by: rjmacs
Date: October 28, 2020 11:11AM
In other words, in another world at another time, a wealth tax could conceivably be ruled constitutional without an amendment. But we live in this world, right now.


rj
AKA
Vreemac, Moth of the Future
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