Friday, July 12, 2019

Unintended consequences...

One of the difficulties of being a Justice who first makes up their mind about how they want to rule, then comes back later and figures out how to justify it is that oftentimes there are unintended consequences to those rulings.


Let's take the ruling on the census for example. Using the Administrative Procedures Act to make the determination that you did not like someone's explanation or their motives for something, provides a striking blow to the entire administrative state. In other words, it could effectively lead to the whole "deep state" being second guessed on everything.

When it comes to landmark cases like the Chevron ruling (which the court provided a ton of deference to Government agencies to interpret Congressional direction) the situation was reversed. Democrats loved the idea that the "agencies" could work more independently, while conservatives were aghast that "agencies" were allowed to sort of take the law into their own hands and work almost independent of oversight.

But this runs counter to that particular ruling, and to some degree those you might think would like to continue to see deference to the deep state (liberals) and those you might think would like to reign them in (conservatives) were actually flipped in this case. Obviously, this decision was not based on any sort of ideological idea of deference or independence of Government agencies. Had this happened when Obama was President, the decision would likely have been 9-0, 8-1, or 7-2 in favor of providing the deference. That being said, there never would have been a court case because nobody would have been angry enough to go to court.

The only reason it went the other direction is because of Trump. The problem is that Trump will not always be President, but this decision will always be precedent. So sometime in the future, there will be a brash District Judge from the 8th circuit court who provides an injunction against an agency working under a Democratic rule, and that decision will then be confirmed by the 8th circuit court of appeals, and it will then make it's way to the USSC. One can probably imagine how much Sotomayor and Kagan may regret their Census ruling, seeing how it would almost require them to confirm the lower court decisions based on their own precedent.


12 comments:

Anonymous said...



roberts may possess the qualifications to sit on the highest court in the land, but he has proven time and time again that he has absolutely no business running it.



anonymous said...

Anyone here, especially you lil Scotty......think the wall would have stopped that submarine with 15 thousand pounds of coke from getting in the country??? I sure hope you are licking your bias wounds from the trump cave......seems the supremes are being listened to....I had my doubts but someone convinced the liar that defying the supremes was not a good idea even though you advocated it!!!!!!! lOLOLOLOLOL

anonymous said...

e has proven time and time again that he has absolutely no business running it.

So says our Ag school failure and professional hacker.....BWAAAAAAAAAAAA!!!!!

anonymous said...

https://www.washingtonpost.com/politics/2019/07/12/trump-kisses-campaign-aide-video-his-lawyers-say-it-clears-him-hers-say-its-proof/?utm_term=.24148201f732


Of course the women is lying and not his type....another women feels the kiss of trump.....and not a single one of you will believe the women......yeah.....especially the cradle robbing Lil Scotty.....BWAAAAAAA!!!!

Commonsense said...

think the wall would have stopped that submarine with 15 thousand pounds of coke from getting in the country???

It was the wall that forced them to use a submarine in the first place, and for that we have coast guard cutters.

anonymous said...


It was the wall that forced them to use a submarine in the first place

WHAT WALL????? BWAAAAAAAAAAAAAAAAAAAAAA!!!! Your foolish adoration of stupidity is astounding!!!!!!!!

Anonymous said...

Blogger Roger Amick said...

Shitvileunscrupulousscumcorruptassholecrimnalshitholewankerfacistfucktard."

Wow Alky.

Anonymous said...

Dennis, how is your roof?

Anonymous said...

Dennis, say we believe the Women.

Now what?

Apply the JFK, LBJ, MLK and Clinton Standard.

C.H. Truth said...

Denny - The woman's lawsuit alleged that the President used physical force to kiss her on the lips. The overall description of events from the lawsuit is literally nothing like what the tape shows. The video shows a woman fawning all over the President and the President pecking her on the cheek.

The tape was released by the Trump team and not the defendant.

Had the woman in question stated that he pecked her on the cheek and that she was all upset by it, then sure... this would offer proof. But she lied about the events (this tape proves that), which in the court of law makes everything she says moving forward suspect.

I suspect that this woman will slink away fairly quickly.

Anonymous said...




I suspect that this woman will slink away fairly quickly.


they always do. mere moments after the alky cries:

"we really got him this time... ...Shitvileunscrupulousscumcorruptassholecrimnalshitholewankerfacistfucktard.!!!11!"

Anonymous said...

If only the Socialist Democrats had policies .

They could win.