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  • I get to decide the law; I am the decider.
    "The problem with quotes on the Internet is that it is sometimes hard to verify their authenticity." -Abraham Lincoln

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    • If there are no rules, then I say why not. I trust AlabamAlum's benevolence!
      Dan Patrick: What was your reaction to [Urban Meyer being hired]?
      Brady Hoke: You know.....not....good.

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      • I'm probably in over my head here ........ but, I get what you are saying in rebuttal to my takes. Humor me. I'm trying to learn.

        You said: As an aside, neither of these cases have anything to do with the Equal Protectionn Clause. They are both Title VII cases.

        Here's my thinking: you have the advantage of legal training where the language should be and usually is precise. e.g., laws v. statutes - I should have but did not correctly discriminate between them. Precise language then is important. Acknowledged.

        T7 is about protecting employees from discrimination by their employers; I may have improperly considered the 1964 Civil Rights Act, which contains T7 as an act that had, in part, some connection to the A14.... am I conflating these?

        Without quoting you, I think it's safe to say that you assert Congress legislates at the direction of their constituency and that legislation gets passed when a sufficient majority is built to get the legislation through the process for it to become law. I get this.

        Where I may have erred in my thinking is the court's roll, as opposed to that of Congress, in striking down a state law that conflicts with, in the context of T7, what might allow discriminatory practices that are in conflict with T7 and by extension in conflict with A14. Marshall did that when he argued in Brown v. Topeka KA BOE that busing blacks to all black schools violated A14 because the involved all black and all white schools were inherently unequal.

        I may be wrong but I think there is some connection between the modern day discrimination against LGBTQ in the public and private employment sector permitted under the laws in some states and discrimination against blacks in the KA public schools. IOW, employers in some states enjoy the right to deny employment to LGBTQs such rights being protected under both A14 and T17.

        Fire away, counselor........
        Mission to CFB's National Championship accomplished. JH chased Saban from Alabama and caused Day, at the point of the OSU AD's gun, to make major changes to his staff just to beat Michigan. Love it. It's Moore!!!! time

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        • Originally posted by Dr. Strangelove View Post
          Coronavirus cases in South Korea have quadrupled in the past 2 days, connected to a specific church. Now over 75,000 cases in CHina with at least 2300+ deaths.

          WHO now worried that we're approaching a pandemic because individual cases can no longer be tied to just China. Cases in Lebanon and Canada, for instance, have been traced back to Iran.
          I haven't seen anything on the official WHO web site for news and information today that their position has changed. The sources for these stories are in no way definitive. Containment (quarantine) remains a large part of the overall strategy of reducing the risk of a COVID-19 pandemic. Novel approaches to drug therapy in infected individuals are also in the works.

          On a larger scale - globally - we don't really know yet if these measures are effective or not. While it is accurate that new cases are being discovered outside of China I'd expect that. The unanswered question in these new cases being found outside China in the last 20 days or so is whether or not the measures being taken in a particular country are containing the spread of the virus on a meaningful level.

          For example, if a hypothetical 10 new cases are discovered in country A and that then rises to 40 in 48 hours, what containment measures are in effect and then after a period where meaningful containment measures are in place and statistical analysis occur, are the numbers increasing and at what rate?

          The public isn't seeing this data on a day to day basis but I can guarantee you the data geeks within the CDC/WHO are following this. They just know the limits to and danger of releasing raw data. The press doesn't care about that.
          Mission to CFB's National Championship accomplished. JH chased Saban from Alabama and caused Day, at the point of the OSU AD's gun, to make major changes to his staff just to beat Michigan. Love it. It's Moore!!!! time

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          • Last edited by iam416; February 22, 2020, 11:42 AM.
            Dan Patrick: What was your reaction to [Urban Meyer being hired]?
            Brady Hoke: You know.....not....good.

            Comment


            • I hope that helps you understand the analysis framework I use.

              ....... it does. Excellent.

              So, I did look up the two T7 cases before the Supremes associated with the LGBQT issues. I can now see what's at stake and also understand this:

              I did not understand your comment that I could applaud the outcome (an outcome in these two cases that comports with my views on LGBQT) ..... but should curse the process. Now I completely understand it.

              I've made it clear here that I would like SCOTUS to side with the plaintiffs in these two cases, the net effect being T7, going forward, prevents employers from firing an employee for their sexual orientation or gender identity. This as a matter of justice and fairness.

              It's also clear to me that SCOTUS, by taking that position, would actually be rewriting the law that is the' job of Congress and one, in this case, they have failed to accomplish You see that as reprehensible .... and I think I get why.

              I don't know the case law well enough to site it but if I think about discrimination in a wider context, is there not a relationship between protection from discrimination in employment practices under T7 and prohibitions against discrimination in A14?

              I think you answered this question when you said, "So, you get far more leeway to argue fairness and justice if the issue is Constitutional. If the issue is statutory, then the court ought not legislate. The Court should be constrained by the text of the statute."

              In the law, it would seem, and as it relates to the role of the courts in this matter, they are distinctly different ...... which begs the question, why aren't the plaintiffs making their case on Constitutional grounds and A14? ..... or are they?
              Mission to CFB's National Championship accomplished. JH chased Saban from Alabama and caused Day, at the point of the OSU AD's gun, to make major changes to his staff just to beat Michigan. Love it. It's Moore!!!! time

              Comment


              • Dan Patrick: What was your reaction to [Urban Meyer being hired]?
                Brady Hoke: You know.....not....good.

                Comment


                • talent ...........

                  Got it ........ then I would have to side with the depiction of Gorsuch in an AP article:

                  Now I'm up to speed with you and DSL ..... sorry it took me so long to get there.

                  I think it goes without saying that if SCOTUS rules against the plaintiffs in the two LGBTQ cases before them, and now I understand why they might, there will be a shit-storm of complaining from a large portion of that community whom, like me, had no understanding of the issues you have educated me on.

                  If my lack of understanding of this case is representative of the larger public, whatever happens is going to be cheered or vilified for entirely the wrong reasons.
                  Mission to CFB's National Championship accomplished. JH chased Saban from Alabama and caused Day, at the point of the OSU AD's gun, to make major changes to his staff just to beat Michigan. Love it. It's Moore!!!! time

                  Comment


                  • With the preliminary results in from Nevada, Vladimir Putin must be wetting himself with absolute glee. Looks like the 2020 US election will be a choice between Putin's slavish cock holster and an avowed socialist that honeymooned in the USSR.


                    2020, the year America died.
                    “Outside of a dog, a book is a man's best friend. Inside of a dog, it's too dark to read.” - Groucho Marx

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                    • On a positive note, a Zamboni driver records his first NHL win.




                      “Outside of a dog, a book is a man's best friend. Inside of a dog, it's too dark to read.” - Groucho Marx

                      Comment


                      • President Trump will win if Sanders wins the D Primary. End of story.
                        Head to head general election polls have Sanders as a narrow favorite, which is a really bad sign for the Ds if you look at 2016. Clinton of course had a double digit polling lead most of the summer and fall. Lead fell to around ~5 by November.

                        Sounds like Rs are trying to help Sanders get elected in South Carolina with the open primary.
                        Chaos.
                        AAL 2023 - Alim McNeill

                        Comment


                        • Originally posted by Cody_Russell View Post
                          President Trump will win if Sanders wins the D Primary. End of story.
                          Head to head general election polls have Sanders as a narrow favorite, which is a really bad sign for the Ds if you look at 2016. Clinton of course had a double digit polling lead most of the summer and fall. Lead fell to around ~5 by November.

                          Sounds like Rs are trying to help Sanders get elected in South Carolina with the open primary.
                          Chaos.
                          of course, HRC was a horrendous campaigner. Maybe she should have actually visited Wisconsin and Michigan instead of taking them for granted. The energy and base is with Bernie (just like it was in 2016).
                          2012 Detroit Lions Draft: 1) Cordy Glenn G , 2) Brandon Taylor S, 3) Sean Spence olb, 4) Joe Adams WR/KR, 5) Matt McCants OT, 7a) B.J. Coleman QB 7b) Kewshan Martin WR

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                          • Originally posted by Ghengis Jon View Post
                            With the preliminary results in from Nevada, Vladimir Putin must be wetting himself with absolute glee. Looks like the 2020 US election will be a choice between Putin's slavish cock holster and an avowed socialist that honeymooned in the USSR.


                            2020, the year America died.
                            So you're saying no matter what, he gets the guy he wants? He doesn't have to interfere?

                            What will MSNBC and CNN do now?
                            "What you're doing, speaks so loudly, that I can't hear what you are saying"

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                            • Bernie appears to have utterly broken Chris Matthews.

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                              • Chris has been broken for a long time now.

                                Chris needs to find some survivors of the Holocaust, get to know them, shut his mouth and listen to them. They will tell him what real Nazi's did.

                                The term "Nazi" is so easily tossed around today. Don't like someone's politics? .. Call them a "Nazi".

                                People who do such things need to educate themselves about what the real Nazi's did. I haven't seen anyone, republican or democrat, liberal or conservative, that has come close to what Hitler stood for. I would have never voted for Hillary, but she wasn't anything close to being a 'nazi'. She was a foolish old woman who thought that her husband's name entitled her to a couple terms as president, but she wasn't a Nazi.

                                The rhetoric really needs to chill

                                ///rant
                                "What you're doing, speaks so loudly, that I can't hear what you are saying"

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