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B-Dubs

That's some catch, that catch-22
General Manager
Oct 25, 2017
32,781
I guess I'm just really depressed because I don't see any way that the courts don't ultimately side with Trump here, even though there is clearly no emergency.
He needs to be able to justify the emergency to call it at this point. They'd have to undo the '76 law.
 

Kaitos

Tens across the board!
Moderator
Oct 25, 2017
14,707
He needs to be able to justify the emergency to call it at this point. They'd have to undo the '76 law.
I seriously worry that a conservative judge says, if the president says there is an emergency, then it doesn't matter, the president said it.

https://www.nytimes.com/2019/01/07/us/politics/trump-national-emergency.html?module=inline

Still, as a matter of legal procedure, facts may be irrelevant. Before a court could decide that Mr. Trump had cynically declared an emergency under false pretenses, the court would first have to decide that the law permits judges to substitute their own thinking for the president's in such a matter. The Justice Department would surely argue that courts should instead defer to the president's determination.

"If any court would actually let itself review whether this is a national emergency, he would be in big trouble," Ms. Goitein said. "I think it would be an abuse of power to declare an emergency where none exists. The problem is that Congress has enabled that abuse of power by putting virtually no limits on the president's ability to declare an emergency."
 

Linkura

Member
Oct 25, 2017
19,943
BTW, people are probably completely missing this today
Yeah I saw the OT thread and posted in it. Would not be surprised if in a couple years they find out we were already in a recession at this point.

Unrelatedly, in case anyone is wondering why Markey voted no even though he isn't running, it's probably because he is worried about a primary challenge from the left. With him helming the Green New Deal with AOC, I don't think any such challenger would have much of a chance, but I think he's hedging his bets here, especially since Capuano got shitcanned by Ayanna here last year. Personally, I think he's done a fine job and there are other fish to fry in MA. Lynch needs a better primary challenger than Brianna Wu. And, of course, Seth Moulton, who didn't even have a primary OR general challenger.
 

B-Dubs

That's some catch, that catch-22
General Manager
Oct 25, 2017
32,781
In a legal sense though, what does it mean to "justify" the emergency? Isn't the pessimistic outlook that, from the perspective of the '76 law, if the President says something is an emergency then it is?
I'm not actually sure, but I do know that Congress can for sure deny him.
 

Avinash117

Member
Oct 25, 2017
1,602
I guess I'm just really depressed because I don't see any way that the courts don't ultimately side with Trump here, even though there is clearly no emergency.

I would imagine it would get hold up in eminent domain lawsuits. I don't know how much power the lawsuits can influence the national emergency order though. Regardless, it might take years to resolve them.
 

shadow_shogun

Member
Oct 25, 2017
17,742
DzZxrwMWwAAs7bW.jpg:large

b0e1536c045877a52ce1da0697081c2c.png
 

Autodidact

Member
Oct 25, 2017
18,729
There are still eminent domain lawsuits from the Bush years.

Plus, the bill restricting where anything can actually be built will greatly complicate matters.
 

B-Dubs

That's some catch, that catch-22
General Manager
Oct 25, 2017
32,781

Iolo

Member
Oct 27, 2017
6,902
Britain
That's why I was thinking it's not up to the courts, because if Congress thinks it's an actual abuse of power then they have the remedy of revoking the emergency, repealing the law, or impeachment. What the supreme Court could do is decide that Congress had illegally delegated too much of its authority to the president, but I'm pretty sure Congress is given a lot of leeway to do that via the legislative process. The thing suing might do is tie things up indefinitely.

Anyway, the best chance is if the emergency is revoked in Congress.
 

MarioW

PikPok
Verified
Nov 5, 2017
1,155
New Zealand
A lot of media seem to be running with "obese" being the takeaway from the medical exam, or at the very least including it in the headline.

Luckily Trump has great blood pressure apparently so he won't get angry and/or die of embarrassment.
 

KingK

Member
Oct 27, 2017
4,857
Mayor Pete was fantastic on Morning Joe today. He'll be on Colbert tonight too. Based on the debate criteria released he should make it, which will be pretty cool.

Parts of Rose Twitter discombobulating over Lee endorsing Harris is quite hilarious.
As someone pretty firmly in the Left camp, Harris is probably my preference among the more likely/"establishment" candidates. Not my first choice overall (probably Sanders or Warren), but I'm not gonna be that upset if she wins. Much, much better than Gillibrand or Klobuchar or Booker (fuck that guy in particular).

I said it a while ago, but I really think Buttigieg would compliment Harris as her VP quite well. I think that ticket would have a lot of appeal while being firmly in the left side of the party.

But yeah, some of Harris's past gives me a lot of unease. Some of that shit is pretty hard to reconcile with.
 

Wilsongt

Member
Oct 25, 2017
18,507
That's why I was thinking it's not up to the courts, because if Congress thinks it's an actual abuse of power then they have the remedy of revoking the emergency, repealing the law, or impeachment. What the supreme Court could do is decide that Congress had illegally delegated too much of its authority to the president, but I'm pretty sure Congress is given a lot of leeway to do that via the legislative process. The thing suing might do is tie things up indefinitely.

Anyway, the best chance is if the emergency is revoked in Congress.

*checks the current make up of congress. 50 Cent driving away laughing with Turtle in the backseat.gif*
 

Autodidact

Member
Oct 25, 2017
18,729
*checks the current make up of congress. 50 Cent driving away laughing with Turtle in the backseat.gif*
I mean, there's actually a very high chance that the nullification passes the Senate because Turtle can't block it and it only needs 51 votes - 4 GOP senators breaking ranks. And I think some will break ranks considering this action has 33% approval.

He'll veto, but the message will be pretty clear.
 

Kaitos

Tens across the board!
Moderator
Oct 25, 2017
14,707
Why the fuck would that be in a law about overriding presidential authority?
https://www.nytimes.com/2019/01/07/us/politics/trump-national-emergency.html?module=inline
In part by accident. When passing many emergency-powers laws, Congress attached a procedure that would let lawmakers override any particular invocation of that authority. The National Emergencies Act, for example, permitted Congress to rescind an emergency if both the House and the Senate voted for a resolution rejecting the president's determination that one existed.

But in 1983, the Supreme Court struck down such legislative vetoes. The justices ruled that for a congressional act to have legal effect, it must be presented to the president for signature or veto. Because it takes two-thirds of both chambers to override a veto, the ruling significantly eroded the check and balance against abuse that lawmakers had intended to be part of their delegation of standby emergency powers to presidents.
 

GoldenEye 007

Roll Tide, Y'all!
Banned
Oct 25, 2017
13,833
Texas
At this point since there is no way 2/3 of congress will override the president, the only hope are the courts, right? Eminent domain, and maybe funding sources to be challenged. And likely at best it delays major building action up front?

Would the 3rd Amendment come into play? Assuming the military are doing the actual construction and land owners object to the military on their property? I guess that is only a possibility if the admin tries to construct walls in areas they don't own or wait for eminent domain rulings.
 

Linkura

Member
Oct 25, 2017
19,943
Pretty OT but I wonder who this is so I can laugh at them:
https://blindgossip.com/real-estate-deal-of-the-day/
This celebrity couple likes to buy real estate. They not only have multiple homes of their own but are always looking to make money off of other projects as well.

The are going to be very unhappy when they get some news about their latest investment!

They never announced it, but they bought a bunch of units near where the Amazon HQ was going to open in New York. They paid too much but they thought they were going to make a fortune on them by either leasing them out at inflated rates or flipping them.​
 
Jan 15, 2019
4,393
Mayor Pete was fantastic on Morning Joe today. He'll be on Colbert tonight too. Based on the debate criteria released he should make it, which will be pretty cool.


As someone pretty firmly in the Left camp, Harris is probably my preference among the more likely/"establishment" candidates. Not my first choice overall (probably Sanders or Warren), but I'm not gonna be that upset if she wins. Much, much better than Gillibrand or Klobuchar or Booker (fuck that guy in particular).

I said it a while ago, but I really think Buttigieg would compliment Harris as her VP quite well. I think that ticket would have a lot of appeal while being firmly in the left side of the party.

But yeah, some of Harris's past gives me a lot of unease. Some of that shit is pretty hard to reconcile with.
I agree on Buttigieg. If Beto ends up running for senate, I think Buttigieg would be a great choice as VP. His interviews have been super impressive thus far. He easily juggles situations like The View and GMA where three or four hosts are all lobbing questions at him. Setting aside policy for a second, He and Harris seem the most well-prepared of all the candidates in terms of having answers ready, not being taken by surprise with any questions, etc etc.
 

Manmademan

Election Thread Watcher
Member
Aug 6, 2018
16,037
I hear that, for sure. I just feel like she's got the best policies in her campaign and the actual experience to back them up.

There are plenty of people with great policies. But running for high office means also being great at politics and campaigning. Hillary was great on policy, but her likeability was in the toilet, and she was terrible at responding to attacks coming from her right (Trump) and her left (Sanders).

No argument from me that Warren knows what she's doing in the policy arena, but the unforced errors surrounding the native american thing that just KEEP coming up that Warren has no response for do not give me any faith at all that she has any clue what she's doing in a major campaign.
 

Soul Skater

Member
Oct 25, 2017
10,201
I don't trust Warren in the general and I think she has a really low EC ceiling

I don't know, I think 2/3 is doable in this case. Trump doesn't think there will be a post-Trump world, but the rest of the GOP might realize this is a Pandora's Box that isn't worth opening.
mcConnell supports it so no it isn't

Maybe Romney and a few other Republicans.. we aren't getting to 67. Even if we got close McConnell would whip it just below
 

GoldenEye 007

Roll Tide, Y'all!
Banned
Oct 25, 2017
13,833
Texas
I don't know, I think 2/3 is doable in this case. Trump doesn't think there will be a post-Trump world, but the rest of the GOP might realize this is a Pandora's Box that isn't worth opening.
Well McTurtle is already giving them cover by saying he supports the emergency declaration. He'll get enough to agree with that, IMO.
 

Kaitos

Tens across the board!
Moderator
Oct 25, 2017
14,707
fucking thank god we took the house so we have clear standing to sue.
 
Oct 25, 2017
9,053
I don't trust Warren in the general and I think she has a really low EC ceiling


mcConnell supports it so no it isn't

Maybe Romney and a few other Republicans.. we aren't getting to 67. Even if we got close McConnell would whip it just below

There's no such thing as an "EC ceiling". If she wins the popular vote by more than 4 percent, which is likely given Trump's approval, it won't be close enough for the EC to matter.
 

Diablos

has a title.
Member
Oct 25, 2017
14,595
Isn't it weird that Roberts did the swearing in for Barr? Didn't Pence swear in Sessions?
 
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