ACIP's charter now full of anti-vaccine terms and welcomes fringe groups to CDC.
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No, my point is that issuing an "Executive Order" and having Cabinet members who will take it and run requires a Federal Court to step in to tell them they can't.Legally, this is incorrect. An EO simply can't force SCOTUS to do anything. EOs are directed to Executive agencies to instruct them to adopt certain policies, to execute certain laws in such-and-such a way. EOs are never addressed to either of the two other branches. If they were, those branches would and should brush them off. Separation of powers remains, however tenuously, a viable principle.
However, you're approaching reality with "the lesson we've been taught," if by that you refer to the fact that the current SCOTUS lately goes out of its way to effect POTUS's policies. But SCOTUS isn't required to side with POTUS. We've seen this in operation, too, with the tariffs ruling. POTUS has no legal authority to "force the Supreme Court" to do much of anything.
I don't mean to be rude, but you're nitpicking...POTUS doesn't need "legal authority to force the Supreme Court" because all POTUS has to do is issue an Executive Order that's 100% sure to get immediately challenged AND ensure that challenge is heard in a "friendly" court...do that and YES, you've forced the Supreme Court to step in (or ignore it if they don't wish to block it, that's also fine for our purposes.)POTUS has no legal authority to "force the Supreme Court" to do much of anything
In theory, it can be ... but what alternative administration would upturn Citizen United? I can't really see the Democrats wanting to change it either, not after they've been elected as a result of it themselves.How easily can this be undone when/if we get a sane administration?
To be honest, I do think Kamala was a terrible choice, exactly because she is a woman. Not because a woman somehow less capable, mind you.And yet I occasionally hear from people still how Kamala, a Woman , was somehow a terrible choice and "the best the Dems could come up with ??" . Voting for Trump was the "less bad choice" (insert dafuq gif here)
Or "both sides!1!1 it's all an illusionary choice. So don't date me if you are hyper political. I don't vote" (this is one I saw today actually).
SMH
Yet somehow a very articulate person of color was elected (twice). Race notwithstanding when was the last time someone other than Obama was elected and could speak or write eloquently?To be honest, I do think Kamala was a terrible choice, exactly because she is a woman. Not because a woman somehow less capable, mind you.
You have to recognize in what kind of country you're running for president though. No one would argue a woman would not do well in the race for the next ayatollah of Iran. Yet somehow Americans ignore the state of their own country and the immediate loss of votes from large swathes of the population anyone other than an old white man will have to contend with.
Your fuel costs, food costs, entire cost of living are about to shoot through the roof (again).On the positive side, I dont live in the US, so whatever crap happens there strickly isn't my business.
States run elections, not the feds. There will be elections, and they will be free and fair even in red states.Even if you folks are allowed to have fair elections again (not guaranteed)
Trust me, I know how to nitpick, and that's not what I'm doing here. Your argument doesn't make sense. If a challenge to an EO (by whom? who would have standing?) is heard at a friendly court, then why would it end up at SCOTUS? I'll answer my own question: it would end up there only if the plaintiffs with standing (few and far between) appealed the outcome from the friendly court and if SCOTUS agreed to grant cert.
This doesn't sound to me at all like the President "forcing" the Supreme Court to do anything.
Edit: I sure wish I understood what precisely motivates the down votes. I'm only stating what I'm pretty sure is the legal fact of the matter. Mere insistence that X ("all POTUS has to do is...") doesn't convince me that X. EOs are not all that forceful in the scheme of federal politics. They serve their purpose, but that's about it.
because large parts of the US population, have a bias - conscious or subconscious - against a female leader ? It is usually assumed they have to prove being as tough, hardened and in an emergency ruthlessly smart as a male counterpart. While male candidates are automatically assumed to have these qualities, until proven wrong. It's an uphill battle. Tough women are always seen as the rare exception, and that exceptionality has to be visible and proven. Shown as being there. There is a distinct macho culture in the US.Yet somehow a very articulate person of color was elected (twice). Race notwithstanding when was the last time someone other than Obama was elected and could speak or write eloquently?
Why is a woman less electable than a Black man?
I voted and campaigned for both.
theres also the 35% of americans that would support trump ordering people dragged into the street and shot for disrespecting him.Presuming there are still people around to write history books in the future, and that "history books" are still a thing written by regular historians, not by MiniTruth, they're not going to be kind to the generations now alive and of voting age.
75 million people voted for this shit.
Legally, this is incorrect. An EO simply can't force SCOTUS to do anything. EOs are directed to Executive agencies to instruct them to adopt certain policies, to execute certain laws in such-and-such a way. EOs are never addressed to either of the two other branches. If they were, those branches would and should brush them off. Separation of powers remains, however tenuously, a viable principle.
However, you're approaching reality with "the lesson we've been taught," if by that you refer to the fact that the current SCOTUS lately goes out of its way to effect POTUS's policies. But SCOTUS isn't required to side with POTUS. We've seen this in operation, too, with the tariffs ruling. POTUS has no legal authority to "force the Supreme Court" to do much of anything.
How easily can this be undone when/if we get a sane administration?
I'm sure historians will call it The Dark Ages - part IIPresuming there are still people around to write history books in the future, and that "history books" are still a thing written by regular historians, not by MiniTruth, they're not going to be kind to the generations now alive and of voting age.
75 million people voted for this shit.
And Trump never denied election results nor sent ICE, one of the most funded military organizations in the world now, to bully blue states, it is well known.States run elections, not the feds. There will be elections, and they will be free and fair even in red states.
Trust me, I know how to nitpick, and that's not what I'm doing here. Your argument doesn't make sense. If a challenge to an EO (by whom? who would have standing?) is heard at a friendly court, then why would it end up at SCOTUS? I'll answer my own question: it would end up there only if the plaintiffs with standing (few and far between) appealed the outcome from the friendly court and if SCOTUS agreed to grant cert.
This doesn't sound to me at all like the President "forcing" the Supreme Court to do anything.
Edit: I sure wish I understood what precisely motivates the down votes. I'm only stating what I'm pretty sure is the legal fact of the matter. Mere insistence that X ("all POTUS has to do is...") doesn't convince me that X. EOs are not all that forceful in the scheme of federal politics. They serve their purpose, but that's about it.
To be honest, I do think Kamala was a terrible choice, exactly because she is a woman. Not because a woman somehow less capable, mind you.
You have to recognize in what kind of country you're running for president though. No one would argue a woman would not do well in the race for the next ayatollah of Iran. Yet somehow Americans ignore the state of their own country and the immediate loss of votes from large swathes of the population anyone other than an old white man will have to contend with.
How charmingly naive.States run elections, not the feds. There will be elections, and they will be free and fair even in red states.
I'm not sure charmingly is quite right. I'm thinking something like alarmingly is far more appropriate.How charmingly naive.
One foot planted on the Dock of Sanity, the other already planted on the USS Failboat. Destination: Neo-fascism, 21st Century style.Honestly, at this point I have a hard time believing America isn’t a failed state.
It is a long way down... It will take decades more to really become a failed state.Honestly, at this point I have a hard time believing America isn’t a failed state.
Let's not under sell how bad the original research was. It was funded by lawyers who speaicalised in vaccine law suits, lead by someone with a patent on an alternative vaccine, did not get ethical approval for perfomring medical tests on children, and when investigated by the regulator was found to have "four counts of dishonesty and 12 involving the abuse of developmentally disabled children".fraudulent claim that the measles vaccine is linked to autism—a claim that has been roundly debunked by dozens of high-quality studies.
Too many Americans still want to believe that a majority of their fellow citizens, i.e. 50% +1, can be reached with facts and reason.It's fucking insane on the face of it, but I think I know why.
Democratic voters are every bit as gaslit by the myth of american exceptionalism as the GOP is.
Only that in their case the myth they keep falling for is that the country they live in is a good one where the majority of people are good. That they can somehow "enlighten" the fence-sitters and/or malicious into their point of view.
This and the comment above from mg224 @1:18 AM, which points to a particular instance of a case before SCOTUS based on an EO, do the good work of supplying a rationale for SCOTUS intervention, including a concrete example. So, thanks. In fact, my former employer sued the administration over an EO that withheld university research funds, and they have so far prevailed in lower federal court. I'm not saying that properly disposed plaintiffs can't sue over an EO. I am saying that it's difficult, and standing is a preliminary hurdle, because one has to show injury to get into court. Thus, for example, the UC Berkeley suit involved the administration's funding cuts. That's an injury. The other example involves denial or refusal of US citizenship. That's an injury. Note that "injury" is not merely "something of critical importance." These are unusual circumstances. Compare the ACIP charter, the biannual renewal of which is required by law. I don't know whether the APA even permits going to court over a dispute about the terms of an agency document like the charter, but if it does, or if the administration issues an EO forcing CDC or DHS to do such-and-such in accordance with the new charter, a plaintiff would have to show direct injury to get into court. The standard to prevail is likely a showing that the agency acted arbitrarily and capriciously when it revised the charter or executed its terms; that's a very high bar, though RFK, Jr., is certainly a vulnerable candidate among defendants. In the examples, the likelihood of success for the plaintiffs is better than on average. Put another way, Trump's actions are so egregiously absurd and injurious that even a federal court can sympathize with the plaintiffs.I think you may have missed the point. You are correct that an Executive Order cannot actually order the Supreme Court to do something. 100%, they cannot be ordered around like that.
I believe what the OP meant by "forcing" the supreme court to do something is actually meaning that an EO can make a topic something of critical importance right now, the biggest topic of the day so to speak, basically inviting court challenges and uproar. Basically making the topic so big that the supreme court feels like they really need to step in now when they'd rather be off golfing or something.
Because yeah, the supreme court can just ignore stuff or dismiss things or throw them back to lower courts all day long. There's probably rules about it, but I'm not sure anyone has any enforcement authority over the supreme court, so it's really up to them to do what they want. They COULD ignore EOs from now until the end of time, but the bigger the uproar, the bigger the political cost to them for ignoring it. And the more they ignore things, the more impotent they look, and having the supreme court look weak and meaningless would be a bad thing from the perspective of the supreme court justices...
The removal of RFK, Jr. is a litmus test for Democrats. If they can't remove this guy they're useless.
That's science fiction.I have this fantasy that I am the captain of a Galaxy class starship and I can beam all of these evil and greedy and stupid and Fox New people and grifters and tech bros and oligarchs and rebuutlicans and many more I can't think of right now. And beam them to a dome on Mars where they can farm for a living and learn to govern themselves. I could just sit back and enjoy the show.
Being a satirist is a tough job these days.Saw this today and god help me for a moment I thought it was real.
https://theonion.com/swollen-rfk-jr-warns-americans-not-eating-enough-bees/
Or "both sides!1!1 it's all an illusionary choice. So don't date me if you are hyper political. I don't vote" (this is one I saw today actually).
Speak of theDemocrats never reverse things the GOP does because waves arms
How easily can this be undone when/if we get a sane administration?
There’s been a number of actual attempts to create isolated societies through self-selection. Some tech/crypto bros tried it several times, there’s also been attempts by conservative/libertarian groups, militias, and religious groups. They tried islands, ships, compounds, bunkers, residential developments, and resorts. They all failed, mostly though incompetence. All the people that feel like they need to get away from the “liberals ruining our country” or whatever soon run smack into the wall of disillusionment that comes when they realize that doing things is hard and requires people around who know WTF they are doing.That's science fiction.
If you want something a little closer to reality, how about an all politician / celebrity version of Alone with no tapping out or extraction for medical reasons allowed? Let them prove just how tough they are(n't). Maybe start them off somewhere in the middle of nowhere in Alaska or Montana and if they can get to Washington DC (without assistance from anyone else; the show is called Alone after all) they win.