Thanks, Joyce, but you did not mention that the cases are moot. The requirement that fishermen pay the monitors was withdrawn, and money that had been paid was refunded. The plaintiffs only objected to paying the fee, not to having monitors onboard--one of the plaintiffs noted that the monitors gather data that helps the industry. So no one has been hurt by the complained-of regulation. In past terms, the court would have dismissed the writ (or as Justice Frankfurter was fond of ruling, held that certiorari was improvidently granted). But apparently not this "conservative" court.
Thank you Jon for this further clarification and reduction of the conservative arguments! I have the good fortune to occasionally chat with some local fishermen: out of Gloucester, mostly - but some from New Bedford (where my Mom was raised), and some from Boothbay (I just love to go to that harbor) and it is apparent that they were upset at first but then lightened up when they found out that the fees were rescinded/refunded. Fair to say that they don't like it - but overall they do understand the need for monitors to "keep the game honest" between the big guys and small guys.
This is beside the point but I can't help it! I grew up in MA and as an adult moved to California. To a spiffy new town of ranch houses. There was nothing old anywhere and my mind settled more and more on one thing, which was the statue of the man at the ship's wheel, in Gloucester, as representing everything missing from my new home. Including beauty and hardship. I got used to it and came to love it here but, you know how it is. Something irreplaceable.
Indeed, 'tis an absolute icon of the city/seaport... I always notice it when driving through. Reality: "the Fishing life" is a life both of hardship and reward. To me, the smell of the ocean is practically intoxicating... the sound of the surf is a soothing warm blanket to my soul. My grandfather, Harold Kenworthy, was a gifted artist in New Bedford and he loved visiting the docks and shopping for fresh seafood off of the boats - he did quite a few maritime-themed pieces. I am quite blessed.
I'm old enough now and (oy) 35+ years ago, in a short relationship :) , we drove up to Gloucester from NYS. I remember seeing that iconic statue and all it represented and represents to this day. I hope it holds.
"We" moved to Chicago from NY and my stepmother and a few others took the train there. It got so flat coming up to Chicago that I started quietly crying. I missed the hills. But, I went to a university out there and could ride my bike the 15 miles from Chicago to school and I was fine :) . That, I really appreciated.
Well, then I'll tell you this: my husband was sent to a training in Chicago to see how stressed out he'd get under pressure! ("Did you experience any tension whatsoever??-- I have to ask!")
When it was over we noticed a river in the middle of the city and there was a nice boat, so we jumped in-- there weren't any people around, it seems to me. We started down the river and stalled. And water poured in on us so loud from a wall! Then we moved on. We moved quietly down the river then stalled again. Waterfalls waterfalls somewhere! It was so exciting, and we were both ignorant and, we wanted to tell the world this thing we'd witnessed. Funny isn't it? No one has ever mentioned in my hearing or reading this river in the middle of the city or these phenomena--- as fabulous Chicago things. Hope Joyce won't mind our shmoozing-- I thought I was at Wonkette!
I'm sorry but that's funny - the river in the middle of the city. I never gave that a 2nd thought except on St. Patrick's Day when everything turned greener than usual.
Back then, I loved the pubs and the Lincoln Park Zoo. I was also light enough to know the wind is no joke.
I know. I read Sister Carrie. It made me feel cold and fear cold more than my early life in snowy climates. Chicago cold, terrible wind with ice in it, and I think she had flats on that were wet through, and bare legs the whole time, she was so poor and silly.
He is sorely missed. Am sure that we are related- but like >5 times removed. Alas French Catholics tend to be prolific and prone to “large broods” so the Family trees are massive - and by an odd quirk my folks are both only children. 🙄🤷🏻♂️
The rate did seem high. And as someone who loves boats and has known some lobstermen (different from the plaintiffs, but in somewhat the same line of business), I could see where it was a real burden to them. But Americans apparently won't pay enough taxes to sustain our fisheries, which is why so much of our seafood comes from countries where we have no idea of the conditions under which the catch is raised or caught, or of the watermen who do the work.
100%. "Its not just fish we are buying. Its men's lives." Without regulation, fisherman wont have jobs because the fish will be over harvested and disappear. Climate only exacerbates this. Look at the Columbia River Salmon fishery. Look at the disappearance of a billion snow crabs off Alaska. Or perhaps Charles Koch and Peter Thiel are right, and leave everything to Wall Street and Investment bankers....the free market and everything like the environment and equality will be just peachy. Really? How has so much of America been brain washed to believe the Libertarian BS?
can't bear to think about it. And we don't know what's happening at sea-- we don't know. Those pirates who were a big issue-- as in that Tom Hanks movie-- they behaved that way in response to lawless factory boats from -- China or somewhere who'd moved in and were sucking up all the fish in their territorial waters. Was it Somalia? I'm sorry I don't remember. So of course we hated them for being pirates.
Ted, my theory of how crazy libertarian ideas get accepted is that they start out with a sensible sounding description of something nobody is talking about, which gets attention. And then they offer a creative sounding approach to it with a solution presented as an obvious conclusion. Never mind that the prescription they come up with is spectacularly wrong. A lot of people are sucked in at step two and are prepared to take that final logical leap. And that logical leap is so big they have to commit to it totally. And once they identify with their position you can’t argue them out of it.
There has to be a name for that behavior? I dunno, just seems like a weird “political fiction” you read about happening in Putin’s Russia? I agree with you about identity politics. It seems like the hard right GOP has been “ radicalized”. A global radicalization has grown fastest in democracies in the last 20 years. where? Why? When? It corresponds with the internet, as algorithms engineered to ellict anger, conflict, division, hate, etc. What continent had the slowest transformation? Africa. Why? Because Africa was slowest to build internet infrastructure. It also was the last Continent to have the challenges to rheir democracies..
Taxes to sustain our fisheries? Why frame it that way? Is there a more upstream cause of why we need regulation to study count and measure what is going on?
We could stop polluting so much. We could listen to our fishery biologist and remove some stupid dams that have killed off a once cheap and abundant food source like salmon that has had a down stream ruinous effect on other species down the line.
if we don't have biologists to measure, how can we assess what is going on, recognize trends, and recommend improvements? This take science, dedicated professionals to present us with logical information, and alternatives for a better future of all.
I look forward to Joyce’s comments later tonight. It’s such nuanced topic, I am probably not able to appreciate the different opinions. One of the reasons I love this newsletter is the education I get!
Like the massive Chinese ships depleteing the oceans of anything catchable. Btutal deadly working conditions and indentured servitude. Lots of info in Serota's Intercept on that and a lot more.
I agree with that - this case reminds me of the issues behind the "website" case where the actual story was a lie in far too many ways.
In this issue, the court is taking up a completely different "take" from the one put forth by the plaintiffs - according to Jon's description. It sounds like their issue was taken care of - the COST - not having a monitor aboard!
This is a reach - once again - by this SC! An excuse in other words.
I recall a Reagan era position that users should bear the cost of government services, which included charges for visiting parks and privatised "inspections." Tangled web.
You are correct. But I think that is also not totally the main cause of concern. Small Biz biggest threat is the larger businesses and monopolies that pressure everything and get tax advantages because they are the big donors to the Parties. This has only gotten worse since 1980's and the 1970s recession only made worse. ( I'm not saying you are incorrect, you are, but there is more to it than that. Bigger incomes are not paying their share to an obscene level that surpasses the inequality of the 1920's. At least then, the obscenely wealthy had to pay more taxes on the top end of their obscene incomes....that they get from owning a monopoly)
Well i was not going to go on, but yes the big guys are clever to use this little guy example before the court to show the injustice, but it is often those regulations they love that will destroy the small guy… they are careful to see that the regs and fees are NOT on a sliding scale so it puts the burden on them and continues to pressure the small guy to share it equally
We have been in a highly regulated business and believe me, we get this whole picture as victims of it
Same for me and everyone that I know. But small business paying the same % or more than the conglomerates grossing 100s of millions or billions is the real issue. We small business owners should take this little carrot to co complain about regulations. Taxes and regulatory fees are unequal, unfair, biased to the largest. Don’t fall for it. Demand as a voter that the biggest should pay a higher % on their obscene profits. This is key to restoring the middle clsss.
It should matter. And time was that it would have. The court is to decide real cases and controversies. There is no real controversy here, not so far as the plaintiffs are concerned.
'but if you are a 'doc' indeed it should matter: this will impact FDA vs. Alliance for Hippocratic Medicine - anti-abortion hate mongers. This issue is an encroachment.'
Jon, Look no farther than Amy Coney Barrett (still a fundamentalist Catholic cult member), and Brett Kavanaugh, whose bills were suddenly wiped; nominated and installed to do the bidding of the Christian nationalists (with a much bigger agenda). SCOTUS is hearing their bill this term: FDA vs. Alliance for Hippocratic Medicine. They have had their sights on the long game (abolishing abortion/anti abortion) for fifty years. They installed Trump, called him their Orange Jesus (the role Ralph Reed played); Trump received evangelical votes and they received a dictator for their theocracy. Some of the evangelicals are recognizing that the wheels have gone off.....so they are trying to put lipstick on Nikki Haley to try to make her a presentable candidate. They are losing. 💙
"You can't count on reform coming from the top. It has to be bottom up, specifically from voting." - Dr. Barbara F. Walter, Author and Prof of Poly Sci at Univ. of San Diego
but if you are a 'doc' indeed it should matter: this will impact FDA vs. Alliance for Hippocratic Medicine - anti-abortion hate mongers. This issue is an encroachment.
I am reluctant to be the very first commenter given that I have no background in the law. However, I want to reinforce how important this case is in the right’s determination to achieve more profits through less government regulation. With the three TFG justices’ far right stances and Roberts allowing the court free rein where influence is concerned, Thomas feels empowered in his enhanced position. We think the middle class has shrunk now. Just wait. So discouraging.
Marcia- I’m not a lawyer either and I agree with you that the majority of Americans will fell keenly the results of less regulation. I’m Looking back on t-rump’s “push to repeal or weaken nearly 100 environmental rules and laws, loosening or eliminating rules on climate change, clean air, chemical pollution, coal mining, oil drilling, or endangered species protections”.(nytimes.com/2020/01/22/climate/trump-environment-water.html).
Localities May end up having to foot the bill for cleanup, if necessary. Cleanup may not benefit everyone, thus creating more division among those who can afford more local taxes and those who can’t. Again, “common good” goes out the window and into the dumpster.
The “dismantling of the administrative state” is a threat to democracy as well. Dismantling includes the EPA, the SEC, the Department of Education, department of Justice, etc. The Koch’s camp are hard core Libertarians, and hold as a tenant or platform that the Federal Government is only there to provide for national defense. Libertarians represent the extremely wealthy first and foremost. They want no business regulation, want to pay little in taxes, home school for the poor and elite private education for the wealthy and disguise it all as “freedom to choose”. It’s a scam that will only result in even more extreme inequality and ruin our country. Watch this case closely.
I'll watch this case closely only after Biden is re-elected and Dems have huge majorities in both federal houses. Barring that, any decision will either serve MAGA out of the box, or will be immediately reversed.
The Koch camp is also Christian nationalist evangelical following Rushdoony (Tony Perkins, Ralph Reed, Franklin Graham: all mentors for Mike Johnson). The fact that two Christian nationalists have been installed on the SCOTUS at the direction of Trump is deeply concerning. Our way out of the mess is to vote blue, Senate an House and presidency: protect our democracy. Jack Smith and the DOJ will have the breathing room to bring charges to members of congress. So we need a regular clean-up - including SCOTUS. We should not have to worry about partisan judges on SCOTUS. We are 'here for now' but working hard to make a difference💙
Social security, the VA. Both big agencies that rely on administrative judges and boards.
We are in deep trouble if SCOTUS becomes the ruler of our land and continues to throw out 40-50 years of settled law. Women’s right to our bodies, the bastardization of the 2nd amendment, devastation of voting rights, this and Next SCOTUS can potentially destroy the 14th amendment,(after destroying the 2nd amendment. If SCOTUS “rules” for total immunity for the proposed God-King status of a the US presidency, we might as well fold up DC and figure out what to do next.
I’m sickened on a daily basis and loathe feeling that I’m really not able to make a difference despite my multiple limited donations and calls in support of our Democrats and democracy.
I think it would be wise to revisit the history of the Gilded Age, monopolies and robber barons in the US, because that's what Republicans would prefer (see also the rise of reversing child labor laws). I cannot imagine the chaos that would occur if Chevron is overturned, but Republicans have made it very clear that chaos is exactly what they want.
As a fed for 43 years I witnessed a few hare-brained attempts to undo the protection agencies required from political meddling on behalf of donors.
After Clinton abolished Glass-Steagall and Dubya declared bankers as his base, the long lobbying quest for the pigs on Wall Street to dig into the Social Security trust funds appeared imminent with Dubya coming closer to letting workers put some of their money into private accounts. But wouldn't ya know, Wall Street crashed and all those accounts would have gone up in smoke just like personal savings and home ownership.
The problem is that for decades the new Gilded Age was promoted through campaign finance and lobbying. Not satisfied with market consolidation and beating down wages and benefits through "market efficiencies", the gold standard was dismantling the administrative state. After tax cuts, what else was left besides dismantling the protective bureaucracy after foxes in henhouses, underbudgetting and understaffing didn't do enough?
Today's decision to not let Jet Blue and Spirit merge doesn't herald a new age as much as acknowledge 4 decades of government failing consumers and workers. Much too little way too late.
So why not just abolish Congress while we're at it? Just let ALEC just write edicts for Father Trump and we can celebrate being great again and always "winning"?
Solange, 'We' did. What we can do now is vote blue up and down, majority both houses and presidency, and then do a royal cleaning up of congress. Jack Smith will have the next five years cut out for him.
Indeed. But the fix was in… The fix was always in with the Christian nationals running the show. We simply must vote up and down blue, when both Senate and house and presidency, and then clean house. Put the insurrectionist in Congress in jail with Trump.
As if apparent corruption weren't enough, we now suffer from the arrogance of the right-wing justices and their loyalty to business a/k/a power, funders a/k/a heirarchy, and white privilege a/k/a tradition. This court continues to protect the benefits of the few over the good of the country.
I’m not sure it’s arrogance, the justices have been bribed quite publicly. When Clarence complained about the lack of fin$ rewards and threatened to resign, enter Harmon Crow to solve all his fin$ insecurities. It’s so corrupt. It just sucks we are dealing with this, and a majority can’t see what is happening. Erghhhh
Thank you for bringing this to our attention! It is infinitely more important than the Iowa caucuses which have taken up way too much oxygen for the past month. Enough already!
Iowa was a cheap story for most media, hence its being grossly overplayed. It actually was meaningless until the media gave it outsized meaning. Trumputin should write thank-you posts to the lazy editors who gave him $$$$$ of free advertising!! VERY little pushback on the truly insane junk he said on the stump -- including Iowans should risk death in sub-zero temps to vote for him. This terrible (lack of real) reporting does our nation a grave disservice.
and his "landslide" was getting the votes of nearly 8% of Iowa registered Republican voters. Wowsa. Googling "iowa caucus" "landslide" gets you 656,000 results
Odd. The opposition to "nanny" state applies to business regulations yet politicians & judges have no qualms regulating women's reproduction & medications.
Gorsuch also has a conflict of interest. His mother was put in charge of the EPA by Reagan to eviscerate it. She was forced to resign due to people's emotional attachment to being able to breathe without being poisoned
Yes , dumpster got rid of the pandemic group when he became president because Obama put it in and look what happened when covid struck . Many unnecessary deaths because of all the misinformation spewed ! Now these same asshats want to get rid of all regulations and agencies so that these billionaires and corporations can have no objects in their ways to increase their never-ending profits and the planet and the lives of others be damned ! It always boils down to greed ! That is all they care about ...money ! They do not care one iota about anything else except how much money can I make. Now you have the Supreme Court that is bought and paid for by these same billionaires/corporations who will do their bidding . Right , what could go wrong !
Great piece. Overruling roe v wade put medical decisions in hand of non-expert state legislators and judges- a cruel disaster for women’s health. This seems like more of same
Pictures out of south including Alabama today look more like my hometown of Chicago. Note to your humans and 🐓s 🐕s and 🐈⬛ s: be safe. I love to think of you keeping all safe.
Corruption HAS prevailed. We have two Justices - Thomas and Alito - who are on the take. We have two other justices - Kavanaugh and Barrett - who are liars.
Garland and Obama for my first two choices. Much of what is wrong with America has its roots in racism, which is really classism, which only exacerbates our inequality. Our demographics are changing and White Right wingers have become internet radicalized to live in fear of non white and any policy that involves equality.
There is no world in which Garland should be appointed now. And why would Obama even consider it? There are plenty of amazing women that can, and should, be tapped.
Not now but maybe later? And yes, don’t stop there, add two or three more women too? Who? List them so others learn who and why they would be the best first choices. Build a consensus now so they have immediate public support. Which women judges or lawyers should we be advocating for? ( I ask because I do not know right now)
The oceans are warming up. There’s a huge red tide in Florida Gulf Coast. Lake Erie has algae bloom every year. Storms are becoming more severe. Arctic ice is melting. So let’s relax a few more regulations so extremely rich people can do whatever they want. Joyce thanks for your interest in law and sharing your knowledge. Stay safe and warm all!
Thanks, Joyce, but you did not mention that the cases are moot. The requirement that fishermen pay the monitors was withdrawn, and money that had been paid was refunded. The plaintiffs only objected to paying the fee, not to having monitors onboard--one of the plaintiffs noted that the monitors gather data that helps the industry. So no one has been hurt by the complained-of regulation. In past terms, the court would have dismissed the writ (or as Justice Frankfurter was fond of ruling, held that certiorari was improvidently granted). But apparently not this "conservative" court.
Thank you Jon for this further clarification and reduction of the conservative arguments! I have the good fortune to occasionally chat with some local fishermen: out of Gloucester, mostly - but some from New Bedford (where my Mom was raised), and some from Boothbay (I just love to go to that harbor) and it is apparent that they were upset at first but then lightened up when they found out that the fees were rescinded/refunded. Fair to say that they don't like it - but overall they do understand the need for monitors to "keep the game honest" between the big guys and small guys.
This is beside the point but I can't help it! I grew up in MA and as an adult moved to California. To a spiffy new town of ranch houses. There was nothing old anywhere and my mind settled more and more on one thing, which was the statue of the man at the ship's wheel, in Gloucester, as representing everything missing from my new home. Including beauty and hardship. I got used to it and came to love it here but, you know how it is. Something irreplaceable.
Indeed, 'tis an absolute icon of the city/seaport... I always notice it when driving through. Reality: "the Fishing life" is a life both of hardship and reward. To me, the smell of the ocean is practically intoxicating... the sound of the surf is a soothing warm blanket to my soul. My grandfather, Harold Kenworthy, was a gifted artist in New Bedford and he loved visiting the docks and shopping for fresh seafood off of the boats - he did quite a few maritime-themed pieces. I am quite blessed.
I'm old enough now and (oy) 35+ years ago, in a short relationship :) , we drove up to Gloucester from NYS. I remember seeing that iconic statue and all it represented and represents to this day. I hope it holds.
"We" moved to Chicago from NY and my stepmother and a few others took the train there. It got so flat coming up to Chicago that I started quietly crying. I missed the hills. But, I went to a university out there and could ride my bike the 15 miles from Chicago to school and I was fine :) . That, I really appreciated.
Well, then I'll tell you this: my husband was sent to a training in Chicago to see how stressed out he'd get under pressure! ("Did you experience any tension whatsoever??-- I have to ask!")
When it was over we noticed a river in the middle of the city and there was a nice boat, so we jumped in-- there weren't any people around, it seems to me. We started down the river and stalled. And water poured in on us so loud from a wall! Then we moved on. We moved quietly down the river then stalled again. Waterfalls waterfalls somewhere! It was so exciting, and we were both ignorant and, we wanted to tell the world this thing we'd witnessed. Funny isn't it? No one has ever mentioned in my hearing or reading this river in the middle of the city or these phenomena--- as fabulous Chicago things. Hope Joyce won't mind our shmoozing-- I thought I was at Wonkette!
I'm sorry but that's funny - the river in the middle of the city. I never gave that a 2nd thought except on St. Patrick's Day when everything turned greener than usual.
Back then, I loved the pubs and the Lincoln Park Zoo. I was also light enough to know the wind is no joke.
I know. I read Sister Carrie. It made me feel cold and fear cold more than my early life in snowy climates. Chicago cold, terrible wind with ice in it, and I think she had flats on that were wet through, and bare legs the whole time, she was so poor and silly.
We miss you too, Ginger!
Most certainly, not beside the point! Once that salt air touches you and speaks to you, you belong. Please come back to the east coast when you can. 😘
Well, I guess I've got to now!
Yup!
And love to cousin Patrice!
He is sorely missed. Am sure that we are related- but like >5 times removed. Alas French Catholics tend to be prolific and prone to “large broods” so the Family trees are massive - and by an odd quirk my folks are both only children. 🙄🤷🏻♂️
Thank you, Jon. I felt $700/day was out of line and that
the agency should pay for
their inspectors.
The rate did seem high. And as someone who loves boats and has known some lobstermen (different from the plaintiffs, but in somewhat the same line of business), I could see where it was a real burden to them. But Americans apparently won't pay enough taxes to sustain our fisheries, which is why so much of our seafood comes from countries where we have no idea of the conditions under which the catch is raised or caught, or of the watermen who do the work.
I've known some lobster fishermen too and it's a tough, very competitive trade. The weather conditions alone at times
are daunting.
Yes, people want their
lobster, crab legs and
other seafood, but don't
want to pay the taxes for
it. Let them work on the
boats for a week in foul
weather and they might
change their minds.x
100%. "Its not just fish we are buying. Its men's lives." Without regulation, fisherman wont have jobs because the fish will be over harvested and disappear. Climate only exacerbates this. Look at the Columbia River Salmon fishery. Look at the disappearance of a billion snow crabs off Alaska. Or perhaps Charles Koch and Peter Thiel are right, and leave everything to Wall Street and Investment bankers....the free market and everything like the environment and equality will be just peachy. Really? How has so much of America been brain washed to believe the Libertarian BS?
Look at the latest report on
the descimation of the scallop beds.
Look at the "fish farming" beds setup in the ocean now,
to say nothing about the "beds" inland that farm fish.
Don't get me started on the
environment; land & sea. 😪
can't bear to think about it. And we don't know what's happening at sea-- we don't know. Those pirates who were a big issue-- as in that Tom Hanks movie-- they behaved that way in response to lawless factory boats from -- China or somewhere who'd moved in and were sucking up all the fish in their territorial waters. Was it Somalia? I'm sorry I don't remember. So of course we hated them for being pirates.
Ted, my theory of how crazy libertarian ideas get accepted is that they start out with a sensible sounding description of something nobody is talking about, which gets attention. And then they offer a creative sounding approach to it with a solution presented as an obvious conclusion. Never mind that the prescription they come up with is spectacularly wrong. A lot of people are sucked in at step two and are prepared to take that final logical leap. And that logical leap is so big they have to commit to it totally. And once they identify with their position you can’t argue them out of it.
There has to be a name for that behavior? I dunno, just seems like a weird “political fiction” you read about happening in Putin’s Russia? I agree with you about identity politics. It seems like the hard right GOP has been “ radicalized”. A global radicalization has grown fastest in democracies in the last 20 years. where? Why? When? It corresponds with the internet, as algorithms engineered to ellict anger, conflict, division, hate, etc. What continent had the slowest transformation? Africa. Why? Because Africa was slowest to build internet infrastructure. It also was the last Continent to have the challenges to rheir democracies..
Taxes to sustain our fisheries? Why frame it that way? Is there a more upstream cause of why we need regulation to study count and measure what is going on?
We could stop polluting so much. We could listen to our fishery biologist and remove some stupid dams that have killed off a once cheap and abundant food source like salmon that has had a down stream ruinous effect on other species down the line.
if we don't have biologists to measure, how can we assess what is going on, recognize trends, and recommend improvements? This take science, dedicated professionals to present us with logical information, and alternatives for a better future of all.
And in the end, what pays for it all? Call it taxes, call it fees, it's all from the same pot.
Science should rule. If so then salmon would remain sustainable.
I look forward to Joyce’s comments later tonight. It’s such nuanced topic, I am probably not able to appreciate the different opinions. One of the reasons I love this newsletter is the education I get!
Who will monitors Foreign Fish Factories (FFF) in US Waters?
Locals do not throw immature Salmon back. And, fisheries need a healthy ecosystem: "Support Your Local Fish'".
Regulate rationally in changing climates on a changing Planet .
Like the massive Chinese ships depleteing the oceans of anything catchable. Btutal deadly working conditions and indentured servitude. Lots of info in Serota's Intercept on that and a lot more.
Good point, Jon. Then the pitchforks come out the minute the pitchforkers hear that the seafood comes from Mexico, Chile, Japan or wherever.
You can't pick up seafood with a pitchfork. Not even king crab (which comes from Alaska, I know).
No king crab for those “fahmaas” (farmers).
*”such a nuanced topic”
I agree with that - this case reminds me of the issues behind the "website" case where the actual story was a lie in far too many ways.
In this issue, the court is taking up a completely different "take" from the one put forth by the plaintiffs - according to Jon's description. It sounds like their issue was taken care of - the COST - not having a monitor aboard!
This is a reach - once again - by this SC! An excuse in other words.
So can the plaintiffs withdraw their case?
I'm betting that that isnt a possibility with the SC?
I recall a Reagan era position that users should bear the cost of government services, which included charges for visiting parks and privatised "inspections." Tangled web.
Hmph! Another Communist.
Meinst du mich? I need my t-shirt: Just another Commie-Socialist.
The gov agencies who come up with regulation ideas usually want those who are being regulated to pay a fee. Very very penurious on small business..
You are correct. But I think that is also not totally the main cause of concern. Small Biz biggest threat is the larger businesses and monopolies that pressure everything and get tax advantages because they are the big donors to the Parties. This has only gotten worse since 1980's and the 1970s recession only made worse. ( I'm not saying you are incorrect, you are, but there is more to it than that. Bigger incomes are not paying their share to an obscene level that surpasses the inequality of the 1920's. At least then, the obscenely wealthy had to pay more taxes on the top end of their obscene incomes....that they get from owning a monopoly)
Well i was not going to go on, but yes the big guys are clever to use this little guy example before the court to show the injustice, but it is often those regulations they love that will destroy the small guy… they are careful to see that the regs and fees are NOT on a sliding scale so it puts the burden on them and continues to pressure the small guy to share it equally
We have been in a highly regulated business and believe me, we get this whole picture as victims of it
Same for me and everyone that I know. But small business paying the same % or more than the conglomerates grossing 100s of millions or billions is the real issue. We small business owners should take this little carrot to co complain about regulations. Taxes and regulatory fees are unequal, unfair, biased to the largest. Don’t fall for it. Demand as a voter that the biggest should pay a higher % on their obscene profits. This is key to restoring the middle clsss.
Thank YOU Ted! Amen. Preach!!
Doesn’t matter if this particular issue is now moot.
(Is moot the correct term here? ) Not my area of expertise.
It should matter. And time was that it would have. The court is to decide real cases and controversies. There is no real controversy here, not so far as the plaintiffs are concerned.
You bet it should matter.
This is artificial engineering of the law.
Just responded above:
'but if you are a 'doc' indeed it should matter: this will impact FDA vs. Alliance for Hippocratic Medicine - anti-abortion hate mongers. This issue is an encroachment.'
Jon, so can the plaintiffs withdraw their case?
correct, the larger issue is what's at stake and why the SC has taken it up.
Thank you Mimi.
I understand that part. What I don’t get is how the court can justify taking this matter up now that original issue is resolved.
I do understand the why.
The same reason the court took on the bridal planning ‘issue. ‘
something we ALL wonder, more than likely.
Jon, Look no farther than Amy Coney Barrett (still a fundamentalist Catholic cult member), and Brett Kavanaugh, whose bills were suddenly wiped; nominated and installed to do the bidding of the Christian nationalists (with a much bigger agenda). SCOTUS is hearing their bill this term: FDA vs. Alliance for Hippocratic Medicine. They have had their sights on the long game (abolishing abortion/anti abortion) for fifty years. They installed Trump, called him their Orange Jesus (the role Ralph Reed played); Trump received evangelical votes and they received a dictator for their theocracy. Some of the evangelicals are recognizing that the wheels have gone off.....so they are trying to put lipstick on Nikki Haley to try to make her a presentable candidate. They are losing. 💙
"You can't count on reform coming from the top. It has to be bottom up, specifically from voting." - Dr. Barbara F. Walter, Author and Prof of Poly Sci at Univ. of San Diego
https://www.youtube.com/watch?v=G7mHdT4BelA
The cases are no longer an "actual controversy". False docket.
but if you are a 'doc' indeed it should matter: this will impact FDA vs. Alliance for Hippocratic Medicine - anti-abortion hate mongers. This issue is an encroachment.
Good to know Jon, thank you.
I am reluctant to be the very first commenter given that I have no background in the law. However, I want to reinforce how important this case is in the right’s determination to achieve more profits through less government regulation. With the three TFG justices’ far right stances and Roberts allowing the court free rein where influence is concerned, Thomas feels empowered in his enhanced position. We think the middle class has shrunk now. Just wait. So discouraging.
Marcia- I’m not a lawyer either and I agree with you that the majority of Americans will fell keenly the results of less regulation. I’m Looking back on t-rump’s “push to repeal or weaken nearly 100 environmental rules and laws, loosening or eliminating rules on climate change, clean air, chemical pollution, coal mining, oil drilling, or endangered species protections”.(nytimes.com/2020/01/22/climate/trump-environment-water.html).
Localities May end up having to foot the bill for cleanup, if necessary. Cleanup may not benefit everyone, thus creating more division among those who can afford more local taxes and those who can’t. Again, “common good” goes out the window and into the dumpster.
The “dismantling of the administrative state” is a threat to democracy as well. Dismantling includes the EPA, the SEC, the Department of Education, department of Justice, etc. The Koch’s camp are hard core Libertarians, and hold as a tenant or platform that the Federal Government is only there to provide for national defense. Libertarians represent the extremely wealthy first and foremost. They want no business regulation, want to pay little in taxes, home school for the poor and elite private education for the wealthy and disguise it all as “freedom to choose”. It’s a scam that will only result in even more extreme inequality and ruin our country. Watch this case closely.
Required reading:
Democracy in Chains -Nancy McClain
Dark Money- Jane Mayer
Corruption in America-Sarah Chase
Thank you Mike. Will get those books prontissimo.
Wait! I have Sarah Chase Corruption in America. Heading my bookcase now.
The land slide has begun. Any ideas what we can do now?
Got them all. 👍
Add the FDA to this list: mifepristone challenge.
We are in for a world of hurt! Literally.
I'll watch this case closely only after Biden is re-elected and Dems have huge majorities in both federal houses. Barring that, any decision will either serve MAGA out of the box, or will be immediately reversed.
Totally agree with your insights. Scary times ahead.
Another bulls-eye. 🎯💯
The Koch camp is also Christian nationalist evangelical following Rushdoony (Tony Perkins, Ralph Reed, Franklin Graham: all mentors for Mike Johnson). The fact that two Christian nationalists have been installed on the SCOTUS at the direction of Trump is deeply concerning. Our way out of the mess is to vote blue, Senate an House and presidency: protect our democracy. Jack Smith and the DOJ will have the breathing room to bring charges to members of congress. So we need a regular clean-up - including SCOTUS. We should not have to worry about partisan judges on SCOTUS. We are 'here for now' but working hard to make a difference💙
Social security, the VA. Both big agencies that rely on administrative judges and boards.
We are in deep trouble if SCOTUS becomes the ruler of our land and continues to throw out 40-50 years of settled law. Women’s right to our bodies, the bastardization of the 2nd amendment, devastation of voting rights, this and Next SCOTUS can potentially destroy the 14th amendment,(after destroying the 2nd amendment. If SCOTUS “rules” for total immunity for the proposed God-King status of a the US presidency, we might as well fold up DC and figure out what to do next.
I’m sickened on a daily basis and loathe feeling that I’m really not able to make a difference despite my multiple limited donations and calls in support of our Democrats and democracy.
I think it would be wise to revisit the history of the Gilded Age, monopolies and robber barons in the US, because that's what Republicans would prefer (see also the rise of reversing child labor laws). I cannot imagine the chaos that would occur if Chevron is overturned, but Republicans have made it very clear that chaos is exactly what they want.
Christian nationalists would prefer the Inquisition in Europe (12th Century) with a theocracy.
As a fed for 43 years I witnessed a few hare-brained attempts to undo the protection agencies required from political meddling on behalf of donors.
After Clinton abolished Glass-Steagall and Dubya declared bankers as his base, the long lobbying quest for the pigs on Wall Street to dig into the Social Security trust funds appeared imminent with Dubya coming closer to letting workers put some of their money into private accounts. But wouldn't ya know, Wall Street crashed and all those accounts would have gone up in smoke just like personal savings and home ownership.
The problem is that for decades the new Gilded Age was promoted through campaign finance and lobbying. Not satisfied with market consolidation and beating down wages and benefits through "market efficiencies", the gold standard was dismantling the administrative state. After tax cuts, what else was left besides dismantling the protective bureaucracy after foxes in henhouses, underbudgetting and understaffing didn't do enough?
Today's decision to not let Jet Blue and Spirit merge doesn't herald a new age as much as acknowledge 4 decades of government failing consumers and workers. Much too little way too late.
So why not just abolish Congress while we're at it? Just let ALEC just write edicts for Father Trump and we can celebrate being great again and always "winning"?
We should have listened to Anita and Christine.
Character counts.
Solange, 'We' did. What we can do now is vote blue up and down, majority both houses and presidency, and then do a royal cleaning up of congress. Jack Smith will have the next five years cut out for him.
I meant to say 'they', especially my odious Senator, Susan Collins. Hit 'Post' too quickly.
Indeed. But the fix was in… The fix was always in with the Christian nationals running the show. We simply must vote up and down blue, when both Senate and house and presidency, and then clean house. Put the insurrectionist in Congress in jail with Trump.
As if apparent corruption weren't enough, we now suffer from the arrogance of the right-wing justices and their loyalty to business a/k/a power, funders a/k/a heirarchy, and white privilege a/k/a tradition. This court continues to protect the benefits of the few over the good of the country.
I’m not sure it’s arrogance, the justices have been bribed quite publicly. When Clarence complained about the lack of fin$ rewards and threatened to resign, enter Harmon Crow to solve all his fin$ insecurities. It’s so corrupt. It just sucks we are dealing with this, and a majority can’t see what is happening. Erghhhh
A majority does see what is happening. Right now we are suffering under the tyranny of the minority. November will begin to right our democratic ship!
Preach 👌...or in modern colloquialism: "word 👍👍"
Yah Sheila! Amen - preach girl!!
Recall Brett Cavenaugh's credit card debts disappeared.
Thank you for bringing this to our attention! It is infinitely more important than the Iowa caucuses which have taken up way too much oxygen for the past month. Enough already!
Iowa was a cheap story for most media, hence its being grossly overplayed. It actually was meaningless until the media gave it outsized meaning. Trumputin should write thank-you posts to the lazy editors who gave him $$$$$ of free advertising!! VERY little pushback on the truly insane junk he said on the stump -- including Iowans should risk death in sub-zero temps to vote for him. This terrible (lack of real) reporting does our nation a grave disservice.
and his "landslide" was getting the votes of nearly 8% of Iowa registered Republican voters. Wowsa. Googling "iowa caucus" "landslide" gets you 656,000 results
Odd. The opposition to "nanny" state applies to business regulations yet politicians & judges have no qualms regulating women's reproduction & medications.
Gorsuch also has a conflict of interest. His mother was put in charge of the EPA by Reagan to eviscerate it. She was forced to resign due to people's emotional attachment to being able to breathe without being poisoned
Yes , dumpster got rid of the pandemic group when he became president because Obama put it in and look what happened when covid struck . Many unnecessary deaths because of all the misinformation spewed ! Now these same asshats want to get rid of all regulations and agencies so that these billionaires and corporations can have no objects in their ways to increase their never-ending profits and the planet and the lives of others be damned ! It always boils down to greed ! That is all they care about ...money ! They do not care one iota about anything else except how much money can I make. Now you have the Supreme Court that is bought and paid for by these same billionaires/corporations who will do their bidding . Right , what could go wrong !
Great piece. Overruling roe v wade put medical decisions in hand of non-expert state legislators and judges- a cruel disaster for women’s health. This seems like more of same
Pictures out of south including Alabama today look more like my hometown of Chicago. Note to your humans and 🐓s 🐕s and 🐈⬛ s: be safe. I love to think of you keeping all safe.
I fear this is really in the weeds for most people, though the case is immensely important.
Here’s KISSing it; you like safe to eat, drink, breathe, basics? This will decide whether or not you’ll continue to have those.
How do we make it not in the weeds for most people? How do we make sure everyone knows what going down here?
Everyone needs to understand what is happening here.
I’m a legal nincompoop.
Hopefully corruption will not prevail, though it seems to have momentum in our politics!
Corruption HAS prevailed. We have two Justices - Thomas and Alito - who are on the take. We have two other justices - Kavanaugh and Barrett - who are liars.
Liars and I think Gorsuch, Barrett, Alito, Thomas, Kavanaugh are also true believers in the libertarian myths. God help us.
Spot-on. 🎯 Sadly, that appears true... more's the pity.🙄🤷♂️. It seems we need to further pack the court after the 🌊🌊 later this year.
Garland and Obama for my first two choices. Much of what is wrong with America has its roots in racism, which is really classism, which only exacerbates our inequality. Our demographics are changing and White Right wingers have become internet radicalized to live in fear of non white and any policy that involves equality.
Indeed... totally concur. That is an uncompromised and objective dream team... which of course conservatives would scream and wail about.
I actually enjoy listening to conservatives whine!
There is no world in which Garland should be appointed now. And why would Obama even consider it? There are plenty of amazing women that can, and should, be tapped.
Not now but maybe later? And yes, don’t stop there, add two or three more women too? Who? List them so others learn who and why they would be the best first choices. Build a consensus now so they have immediate public support. Which women judges or lawyers should we be advocating for? ( I ask because I do not know right now)
Sally Yates!!! ?
The oceans are warming up. There’s a huge red tide in Florida Gulf Coast. Lake Erie has algae bloom every year. Storms are becoming more severe. Arctic ice is melting. So let’s relax a few more regulations so extremely rich people can do whatever they want. Joyce thanks for your interest in law and sharing your knowledge. Stay safe and warm all!
I think we are well and properly screwed. God help us.