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No Gorsuch Thing
Author: BobR    Date: 03/23/2017 15:24:39

While the ongoing investigation into the tRump campaigns backroom dealings with Russia takes center stage, there are other goings-on within the marble walls and hallowed halls of the Capitol. The AHCA bill (tRumpCare) is sputtering along, ready to die as Republicans in both the House and the Senate avert their eyes from it's hideous deformity. They are split among those who think it doesn't cut enough and those who know how bad it will be for their constituents (including - gasp - Ted Cruz).

More importantly, though, are the confirmation hearings for potential Supreme Court justice Neil Gorsuch. While the majority of Americans (those who DIDN'T vote for tRump) are still angry about the Republican-controlled Senate's refusal to even have a hearing for President Obama's pick to replace Antonin Scalia, insult has been added to injury with the choice of Gorsuch, and the Senate moving forward with confirmation hearings. It's almost a shame that the hearings are coinciding with the Russia circus, because there are important points being discussed.

One of the main duties of a Supreme Court justice is to be the final arbiter of whether a law passes constitutional muster, and/or whether it's been applied in a manner that is both consistent and in keeping with the intentions of the law, however poorly written. This is where Gorsuch seems to be a poor fit, as two examples of his previous rulings show.

The first is his dissent on a ruling that favored a truck driver who sued to get his job back after being fired. The trucker was stuck in sub-zero temperatures with frozen brakes on his trailer, and his dispatcher told him to stay put, even though the heater was not working in the cab of the truck. He did so until he felt like his life was in danger, then disconnected the trailer, and drove his cab to safety. He was fired for this.

Anyone with any common sense would see that the driver was wronged by the company. Gorsuch, however, decided to parse the words of the law, rather than see the big picture:
Gorsuch said at his confirmation hearing Tuesday that his opinion may have been an "unkind" one, but that it got at "what my job is, and what it isn't."

[...]

Gorsuch had disagreed with the rest of panel, which ruled that the trucker was protected by a law the bars truck companies from firing drivers who refuse to operate their vehicles out of fears for their safety.

"The law as written said that he would be protected if he refused to operate and I think by any plain understanding he operated the vehicle," Gorsuch said Tuesday, when asked about the case. "My job isn't to write the law, Senator. It is to apply the law..."

The second ruling of his was actually overturned in principle by the SCOTUS while the hearing was occurring. That one involved the parent of a disabled child who sued the school district for failing to provide their child with an adequate education. Once again, Gorsuch parsed the language of the law in a way that contradicted its overall intent:
The unanimous decision in Endrew F. v. Douglas County School District expanded the obligations of public-school districts to provide an adequate education to disabled students under the Individuals with Disabilities Education Act (IDEA). The opinion by Chief Justice John Roberts rejected a standard that Gorsuch had used to decide a similar case in 2008, Thompson School District v. Luke P.

Gorsuch wrote then that the Colorado school district must provide an autistic elementary school student with an education that provides “merely more than de minimis” progress every year — a phrase that means better than no progress. Wednesday’s decision in the Endrew case — which Gorsuch was not involved in but that involved the same reading of IDEA — held that “merely more than de minimis” was not the correct standard.

“When all is said and done, a student offered an education program offering ‘merely more than de minimis’ progress from year to year can hardly be said to have been offered an education at all,” Roberts wrote. “The IDEA demands more.”

Some may point out that the case handled by the SCOTUS was not the one that Gorsuch ruled on - but the ruling that was overturned was the same as Gorsuch's. This shows that every member of the SCOTUS disagrees with how Gorsuch ruled.

It is all bad enough that Democrats in the Senate have vowed to filibuster his appointment. Considering a SCOTUS justice appointment lasts a lifetime, here's hoping they succeed.


 

 
 

52 comments (Latest Comment: 03/24/2017 02:08:07 by Raine)
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Comment by wickedpam on 03/23/2017 13:26:12
Morning

Comment by Raine on 03/23/2017 13:30:58
Good morning!

Comment by Raine on 03/23/2017 13:55:51
Comment by wickedpam on 03/23/2017 14:10:30
I may be late the the party, but have ya'll seen this? The Moscow Project - Timeline

Comment by Raine on 03/23/2017 14:55:06
Quote by wickedpam:
I may be late the the party, but have ya'll seen this? The Moscow Project - Timeline

I haven't seen that, But, I am pretty glad they included that video from 2013.

That was filmed in the same hotel where the PP tape was filmed.

Comment by Raine on 03/23/2017 14:57:31


Comment by Will in Chicago on 03/23/2017 15:05:34
Good morning, bloggers!!

I have some good news. I have an in-person interview for a maternity leave sub position on Monday afternoon.

Meanwhile, I wonder how far some in Congress will go to shield the Trump administration. We are living in very strange times.

Comment by BobR on 03/23/2017 15:25:14
BLOG IS POSTED

Comment by Scoopster on 03/23/2017 15:51:12
Mornin' all..

Comment by Scoopster on 03/23/2017 16:06:55
So over last weekend I got around to filing my tax return. I'm not sure what to expect as far as a turnaround time on my refund deposit. I don't suppose anyone here has gotten their refund yet?

Comment by TriSec on 03/23/2017 16:10:42
Hi all. TriSec regrets that he did not get the new job at Wayfair. So I'm still here in retail, which is going well. Surprisingly, we're still staying afloat, so I am working for now.

Comment by wickedpam on 03/23/2017 16:34:06
So I was looking at Rogue POTUS this morning (still think its been taken over) one thing that stood out, well two really. They keep proclaiming that the hearings a just theatre, we are having the "wool pulled over our eyes", and that we have forgotten "how to democracy". I don't know what that means. Am I being stupid or obtuse? Are we supposed to break into fighting and civil war again? I thought we were trying to follow the rules laid down for us for 200+ years ( I know this admin is not but ya know higher road and all).

Comment by Scoopster on 03/23/2017 16:49:49
Comment by wickedpam on 03/23/2017 16:57:33
Quote by Scoopster:
D&D meets GOP





Comment by BobR on 03/23/2017 16:58:15
Quote by Scoopster:
So over last weekend I got around to filing my tax return. I'm not sure what to expect as far as a turnaround time on my refund deposit. I don't suppose anyone here has gotten their refund yet?

Ours always takes 3 months due to a specific circumstance that applies only to us. Prior to that circumstance, the refund would take about 2 weeks if I filed electronically.

Comment by BobR on 03/23/2017 17:00:26
Quote by Scoopster:
D&D meets GOP

<== and I never played D&D

Comment by BobR on 03/23/2017 17:01:32
Quote by wickedpam:
So I was looking at Rogue POTUS this morning (still think its been taken over) one thing that stood out, well two really. They keep proclaiming that the hearings a just theatre, we are having the "wool pulled over our eyes", and that we have forgotten "how to democracy". I don't know what that means. Am I being stupid or obtuse? Are we supposed to break into fighting and civil war again? I thought we were trying to follow the rules laid down for us for 200+ years ( I know this admin is not but ya know higher road and all).

tRump's version of democracy is "I am the president, so what I say goes"

Comment by Scoopster on 03/23/2017 17:03:57
Quote by BobR:
Quote by Scoopster:
So over last weekend I got around to filing my tax return. I'm not sure what to expect as far as a turnaround time on my refund deposit. I don't suppose anyone here has gotten their refund yet?

Ours always takes 3 months due to a specific circumstance that applies only to us. Prior to that circumstance, the refund would take about 2 weeks if I filed electronically.

Yeah since I started doing direct deposit it's taken between 1-2 weeks. Mailing it took much longer to process.

Comment by wickedpam on 03/23/2017 17:05:28
Quote by BobR:
Quote by wickedpam:
So I was looking at Rogue POTUS this morning (still think its been taken over) one thing that stood out, well two really. They keep proclaiming that the hearings a just theatre, we are having the "wool pulled over our eyes", and that we have forgotten "how to democracy". I don't know what that means. Am I being stupid or obtuse? Are we supposed to break into fighting and civil war again? I thought we were trying to follow the rules laid down for us for 200+ years ( I know this admin is not but ya know higher road and all).

tRump's version of democracy is "I am the president, so what I say goes"



Its is, I agree. Just so many people follow this account (I used to be one of them) but now seems so negative, not that it was ever 100% positive just more informative. They seem to say everything people are doing is wrong and we're stupid for not figuring out how to win. Does that make sense or did I switch tracks on my train of thought?

Comment by Scoopster on 03/23/2017 17:18:00
There's chatter about delaying the House vote until tomorrow going on right now..

Comment by Raine on 03/23/2017 17:32:06



Comment by Raine on 03/23/2017 17:33:17
Quote by wickedpam:
Quote by BobR:
Quote by wickedpam:
So I was looking at Rogue POTUS this morning (still think its been taken over) one thing that stood out, well two really. They keep proclaiming that the hearings a just theatre, we are having the "wool pulled over our eyes", and that we have forgotten "how to democracy". I don't know what that means. Am I being stupid or obtuse? Are we supposed to break into fighting and civil war again? I thought we were trying to follow the rules laid down for us for 200+ years ( I know this admin is not but ya know higher road and all).

tRump's version of democracy is "I am the president, so what I say goes"



Its is, I agree. Just so many people follow this account (I used to be one of them) but now seems so negative, not that it was ever 100% positive just more informative. They seem to say everything people are doing is wrong and we're stupid for not figuring out how to win. Does that make sense or did I switch tracks on my train of thought?
It been taken over -- I am sure of it.

They never told people to fuck off before in replies -- if they replied at all.



Comment by Raine on 03/23/2017 17:33:32
Quote by Scoopster:
There's chatter about delaying the House vote until tomorrow going on right now..

So they can make the bill even worse?!

Comment by Raine on 03/23/2017 17:35:22
did you read the interview of tRump over at Time yet?

Comment by wickedpam on 03/23/2017 17:42:34
Quote by Raine:
Quote by wickedpam:
Quote by BobR:
Quote by wickedpam:
So I was looking at Rogue POTUS this morning (still think its been taken over) one thing that stood out, well two really. They keep proclaiming that the hearings a just theatre, we are having the "wool pulled over our eyes", and that we have forgotten "how to democracy". I don't know what that means. Am I being stupid or obtuse? Are we supposed to break into fighting and civil war again? I thought we were trying to follow the rules laid down for us for 200+ years ( I know this admin is not but ya know higher road and all).

tRump's version of democracy is "I am the president, so what I say goes"



Its is, I agree. Just so many people follow this account (I used to be one of them) but now seems so negative, not that it was ever 100% positive just more informative. They seem to say everything people are doing is wrong and we're stupid for not figuring out how to win. Does that make sense or did I switch tracks on my train of thought?
It been taken over -- I am sure of it.

They never told people to fuck off before in replies -- if they replied at all.




Guess that crack inside the WH is working, AngryWHStaffer hasn't tweeted in a couple of days either, but that could be normal for them. Think there's another account that Rogue always said was really Bannon but can't remember the name.

Comment by Raine on 03/23/2017 17:48:45
Comment by Mondobubba on 03/23/2017 17:57:51


This makes me far too happy.


Comment by Raine on 03/23/2017 18:13:58
Quote by Mondobubba:


This makes me far too happy.
I knew it would!


Comment by Mondobubba on 03/23/2017 18:20:30
Quote by Raine:
did you read the interview of tRump over at Time yet?


When I said wiretapping, it was in quotes. Because a wiretapping is, you know today it is different than wire tapping. It is just a good description.


Um because one is a misspelling and the other is an actual thing?

Comment by Mondobubba on 03/23/2017 18:41:45
Quote by Raine:
did you read the interview of tRump over at Time yet?



He isn't coherent at all. I couldn't read the whole thing. It made my head hurt.


Comment by Raine on 03/23/2017 18:43:06
They are not fucking around here.

"The bombshell revelation that U.S. officials have information that suggests Trump associates may have colluded with the Russians means we must pause the entire Trump agenda. We may have an illegitimate President of the United States currently occupying the White House.”

“Other than allowing routine governmental functions, there must be a total and complete shutdown of any agenda item being pushed by the Trump Administration. Congress cannot continue regular order and must stop voting on any Trump-backed agenda item until the FBI completes its Trump-Russia collusion investigation.”

“Congress must immediately form an independent commission and appoint a special prosecutor to investigate the collusion allegations with impartiality and independence. Congress also needs to pass the Resolution of Inquiry, authored by Rep. Hakeem Jeffries and I, to compel the Trump Administration to publicly disclose information on its Russian ties to the American people. At this point in our nation's history, there is nothing more important than finding out whether or not high crimes were committed by associates of Donald Trump or possibly by Trump himself.”



Comment by Raine on 03/23/2017 18:43:40
Quote by Mondobubba:
Quote by Raine:
did you read the interview of tRump over at Time yet?



He isn't coherent at all. I couldn't read the whole thing. It made my head hurt.

It took me a while to read and reread to make sense of it.

Comment by BobR on 03/23/2017 18:45:18
Quote by Raine:
They are not fucking around here.

"The bombshell revelation that U.S. officials have information that suggests Trump associates may have colluded with the Russians means we must pause the entire Trump agenda. We may have an illegitimate President of the United States currently occupying the White House.”

“Other than allowing routine governmental functions, there must be a total and complete shutdown of any agenda item being pushed by the Trump Administration. Congress cannot continue regular order and must stop voting on any Trump-backed agenda item until the FBI completes its Trump-Russia collusion investigation.”

“Congress must immediately form an independent commission and appoint a special prosecutor to investigate the collusion allegations with impartiality and independence. Congress also needs to pass the Resolution of Inquiry, authored by Rep. Hakeem Jeffries and I, to compel the Trump Administration to publicly disclose information on its Russian ties to the American people. At this point in our nation's history, there is nothing more important than finding out whether or not high crimes were committed by associates of Donald Trump or possibly by Trump himself.”

Waiting for tRump to call this fake news and mention the electoral vote count

Comment by Raine on 03/23/2017 18:46:59



Comment by Raine on 03/23/2017 18:49:01
Comment by Mondobubba on 03/23/2017 18:55:46
Quote by Raine:
Quote by Mondobubba:
Quote by Raine:
did you read the interview of tRump over at Time yet?



He isn't coherent at all. I couldn't read the whole thing. It made my head hurt.

It took me a while to read and reread to make sense of it.



I sort of tried it. I couldn't make any headway.


Comment by wickedpam on 03/23/2017 19:02:27
Quote by Mondobubba:
Quote by Raine:
Quote by Mondobubba:
Quote by Raine:
did you read the interview of tRump over at Time yet?



He isn't coherent at all. I couldn't read the whole thing. It made my head hurt.

It took me a while to read and reread to make sense of it.



I sort of tried it. I couldn't make any headway.



same - think its partly that I'm am irritated by even reading what he says now.

Comment by Mondobubba on 03/23/2017 19:25:24
Quote by wickedpam:
Quote by Mondobubba:
Quote by Raine:
Quote by Mondobubba:
Quote by Raine:
did you read the interview of tRump over at Time yet?



He isn't coherent at all. I couldn't read the whole thing. It made my head hurt.

It took me a while to read and reread to make sense of it.



I sort of tried it. I couldn't make any headway.



same - think its partly that I'm am irritated by even reading what he says now.


Yeah, that sounds good to me. I will roll with that, Mala.

Comment by Scoopster on 03/23/2017 19:32:51
Hey.. errr... guys... I double-checked this address and verified it to be true. My only question now is where in town is Richard Spencer living...




Comment by Scoopster on 03/23/2017 19:41:36
Quote by Raine:
Quote by Scoopster:
There's chatter about delaying the House vote until tomorrow going on right now..

So they can make the bill even worse?!

Probably. And now it's official the vote's been postponesd.

Comment by wickedpam on 03/23/2017 19:55:31
Quote by Scoopster:
Hey.. errr... guys... I double-checked this address and verified it to be true. My only question now is where in town is Richard Spencer living...





I thought he was still living in Del Ray?

Comment by Raine on 03/23/2017 19:56:55
Quote by wickedpam:
Quote by Scoopster:
Hey.. errr... guys... I double-checked this address and verified it to be true. My only question now is where in town is Richard Spencer living...





I thought he was still living in Del Ray?

Old Town.



Comment by Raine on 03/23/2017 19:57:12
Quote by Scoopster:
Quote by Raine:
Quote by Scoopster:
There's chatter about delaying the House vote until tomorrow going on right now..

So they can make the bill even worse?!

Probably. And now it's official the vote's been postponesd.



Comment by Raine on 03/23/2017 19:58:50
Spencer has an APT in Old Town. his institute was near that coffee place but I was iformed the other day that they opened up an office in Crystal City.

Comment by Raine on 03/23/2017 20:01:46
Quote by Raine:
Quote by wickedpam:
Quote by Scoopster:
Hey.. errr... guys... I double-checked this address and verified it to be true. My only question now is where in town is Richard Spencer living...





I thought he was still living in Del Ray?

Old Town.




WAIT! you think Spencer is tweeting from RoguePOTUSStaff?


Comment by Scoopster on 03/23/2017 20:06:26
Quote by Raine:
Quote by Raine:
Quote by wickedpam:
Quote by Scoopster:
Hey.. errr... guys... I double-checked this address and verified it to be true. My only question now is where in town is Richard Spencer living...



I thought he was still living in Del Ray?

Old Town.

WAIT! you think Spencer is tweeting from RoguePOTUSStaff?

That was what I was thinking, yes. Absolutely nothing to back it up tho.

Also, that page source in the tweet screenshot has been updated. It mentions a different coffee shop now. I'm now starting to wonder if that's being updated regularly as a gathering place for whoever manages that account.

Comment by wickedpam on 03/23/2017 20:10:25
Quote by Scoopster:
Quote by Raine:
Quote by Raine:
Quote by wickedpam:
Quote by Scoopster:
Hey.. errr... guys... I double-checked this address and verified it to be true. My only question now is where in town is Richard Spencer living...



I thought he was still living in Del Ray?

Old Town.

WAIT! you think Spencer is tweeting from RoguePOTUSStaff?

That was what I was thinking, yes. Absolutely nothing to back it up tho.

Also, that page source in the tweet screenshot has been updated. It mentions a different coffee shop now. I'm now starting to wonder if that's being updated regularly as a gathering place for whoever manages that account.



Ok that just made me audibly gasp

Comment by livingonli on 03/23/2017 20:24:28
Doing a lot of other things and look what I miss.

Be vewy, vewy quiet, I'm hunting Nazis, ha ha ha!

If RoguePotusStaff is not Bannon, it's one of the other Nazi jerks. They can all go to hell.

Comment by Raine on 03/23/2017 20:57:46
Quote by livingonli:
Doing a lot of other things and look what I miss.

Be vewy, vewy quiet, I'm hunting Nazis, ha ha ha!

If RoguePotusStaff is not Bannon, it's one of the other Nazi jerks. They can all go to hell.

How are things going, Liv?

Comment by TriSec on 03/23/2017 20:59:18
Quote by Scoopster:

Probably. And now it's official the vote's been postponesd.


Oh, poop. I was hoping they would vote "No" so I could watch Trump have a coronary on the teevee.