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Culture War Roundup for the week of September 23, 2024

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I just mean that Trump seems to mean what he's saying policy-wise a little more. I agree that a bunch of the things are bad. (e.g. no tax on tips)

Republicans are currently substantially more likely to support nuclear power, though the bigger gap is male-female.

Frankly, it's a bit crazy to me that you'd support the No Kings Act. Jurisdiction-stripping the courts, and instructing them to rule according to congressional directions is about as fast a path as you can get away from our constitutional order, and I happen to like the US having rule of law. I agree that Trump v. United States was not ideal, most notably in the evidence portions (I'm inclined to think Barrett was not far from the correct path), but blowing up the entire federal judiciary is not the right response to that. How would you feel if the next time a sufficiently Republican majority in Congress instructed the judiciary to shift all jurisdiction on abortion-related cases to the 5th circuit, and tells the judges to not consider arguments that the fetuses are not legal persons. Pass the No Kings Act, and you start seeing things like that.

Ah, those are reasonable cases to care about firing.

I just mean that Trump seems to mean what he's saying policy-wise a little more.

My subjective experience is the opposite, but then I don't really pay much attention to her. I fully admit I am voting for generic Democrat and against Trump, not out of any like for her as a candidate. I also meant that if Kamala hypothetically says:

A. I am not going to go after guns.

B. I am going to increase social security

C. I am going to improve relations with [country].

D. I am going to create jobs.

etc.

I could reasonably guess she might be lying about A, B and C could be true, and D is a blanket statement every candidate makes. With Trump, for any values of A-Z, I honestly wouldn't know which he would be lying on or would do a 180 because A) He has that "used car salesman" vibe, B) He talks a lot and has no filter, C) He is very mercurial, and D) He seems very manipulable if you stroke his ego.

Frankly, it's a bit crazy to me that you'd support the No Kings Act.

Actually, on second reading I'd walk that back. I speed-read and missed important parts. I do support that a President should be criminally accountable for crimes, but I missed the jurisdiction stripping. I don't know. I think the Supreme Court is, if not actively protecting a Republican President, at a minimum passively allowing a partisan figure to be functionally immune out of some impossible ideal of non-partisanship (that they only seem to care about at selective times). But the No Kings Act does go too far in the opposite direction. I could accept Barrett's conclusion of Trump v. United States, but that's moot since it was part of the dissent.

Thank you, that's more reasonable.

Barrett concurred with most of the opinion, but yeah, her opinion wasn't controlling. I fully expect though, if it makes it back to the court, that it be construed in a narrow fashion, rather than a broad one. I think they expected it to be considered with all future such cases in view (hence Gorsuch's quote of "a rule for the ages"), and it would equally well protect Biden from prosecution for carrying out the office of the President, but it clearly wasn't taken that way by the public.

I think the idea was that Presidents in general shouldn't be prosecuted just on Trumped up charges (ha, ha) when their political opponents come into power, that would be really bad. Similarly, Congress shouldn't constitutionally be able to take away from the President the things the Constitution commands him to do, like execute the laws, even if it can regulate the manner of doing so to some extent. Because of those two things, it's necessary that the president have some level of immunity from prosecution for some sorts of things related to the carrying out of his Presidential responsibilities. Did this ruling go too far? I'm currently leaning yes, especially with the evidence rule, which was, as far as I can tell, baseless. But no immunity, which seems to be what Jackson, at least, wanted, would also be bad.

My general sense of the conservative justices, which could be totally wrong, is that Thomas, Alito, and Gorsuch have visions of what the law should ideally be, which are in many cases different from how it's been interpreted for half a century plus, and they want to restore it, and are not afraid to say so. They're also the most partisan. Roberts and Kavanaugh generally lean conservative, but are more pragmatists, and I think they seem to care more about the administrative state than about social issues. They like hedging. And Barrett is just over there trying to faithfully interpret the law—more socially conservative and slightly more of an idealist than Roberts and Kavanaugh, but wants to come to opinions on her own, and so joins the liberals sometimes, and is not a fan of Trump. I think the conservatives view their role as closer to restoring justice and the law of the land than helping a political team (but, of course, they think that a certain political team fits that better). I couldn't tell you the differences between Sotomayor, Kagan, and Jackson—Jackson's pretty clearly more willing to break with the other liberals than Sotomayor or Kagan are with each other, but I don't see differences in their philosophies all that much.

The court has ruled against Trump in the past, he just hasn't been before the court recently. He lost, for example, Trump v. Vance. Admittedly, the court has gotten more conservative since then.

Barrett I overall respect, which is odd to me considering how she came into office. Jackson is in a similar vein as Sotomayor and Kagan, but she is somewhat more of a process person and informed by her experience as a defense attorney. Earlier I might have agreed with you on Roberts, but based on his actions lately and some leaks I'm beginning to think that he can be ideological as the others, just not as straight Dem/Rep.

I got their intention in Trump v. United States, but A, I think they went too far (the evidence ruling, plus ruling that communications can not be investigated), and B, it was a perfect example of all the judicial activism oft-complained about. No immunity would be the originalist ruling, as the Constitution says nothing to suggest immunity.

I think the argument would be that the vesting clauses imply separation of powers, which must inherently have built in some immunity (though likely not as much as here is attributed).

But they didn't really employ much founding-era evidence to support their position—Sotomayor was much better on that front.

I think Barrett, Gorsuch, and Thomas are the three I respect most.

but then I don't really pay much attention to her. I fully admit I am voting for generic Democrat and against Trump, not out of any like for her as a candidate.

would you say that "vote blue no matter who" is applicable to you?

I will probably never vote Republican because Republican policies I generally strongly dislike outside of maybe a couple of them. But as far as Democrats go, I will likely not vote at all for a candidate I dislike or have not researched. But I dislike Trump strongly enough, particularly his allegations of election fraud, that it would take a very detestable Democrat for me to not vote against Trump.