GopherOwl

joined 1 year ago
[–] [email protected] 3 points 1 year ago

I agree, it's clearly a violation. But I don't think the 5th Circuit cares about the constitution. So rather than look up every single case, I just assumed some court made an insane ruling.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (1 children)

Because nuance is hard to come by. . .

No, the constitutional rights will not change. They will still have protections against cruel and unusual punishment.

The issue is the 9th circuit ruling is overly broad. I fully agree if somebody has nowhere to go, then penalizing them for existing is cruel and unusual. With the stipulations of the Boise shelters, that was certainly the case for the plaintiffs.

However stretching that to "unless there is a shelter bed for everybody, nobody can be penalized for declining a bed" is an illogical conclusion. The difference is individual versus population. If individual A has nowhere they can legally go, they cannot be punished. But that doesn't mean individual B, who does have somewhere to go also cannot be punished.

Using the same logic as the 9th Circuit's ruling, if the government cannot provide a foster home for every child, then we cannot enforce any child endangerment laws. Even if in the hypothetical some child may be able to be placed with a relative, they couldn't be removed from the endangering situation. That's illogical and this ruling needs narrowed in scope.

Edit: I also want to point out that even this post is probably too reductionist. So please add counterpoint, clarifications, etc. One compelling counterpoint I've heard is the difficulty of determining who would be unable to go somewhere. And truthfully I don't have a good argument against it. However I have a hard time accepting when shelter beds have lower occupancy, why no enforcement is allowed.

The bottom line remains these are people, and many desperately need help, some against their will. We need more housing, more support systems, more everything really. But throwing our hands up and allowing the problem to remain unabated is no benefit to the individual nor the community as a whole.

[–] [email protected] 5 points 1 year ago (2 children)

And in almost all instances the courts have ruled that anti-BDS laws are unconstitutional under the first amendment.

Those laws are just grandstanding.

[–] [email protected] 11 points 1 year ago (1 children)

How did you get 325? There are 435 members normally (433 assuming your numbers are right with vacancies, which seems believable.) 2/3 of 435 is 290.

So you'd only need ~78 republicans with morals. Still wouldn't happen, but weirder things have.

[–] [email protected] 57 points 1 year ago

To be perfectly fair, you're wrong.

If they came to her home, reasonably she was wanting to file a police report. Which they absolutely can do, but they refused.

[–] [email protected] 14 points 1 year ago

Seriously, free speech zones are a mockery of the Constitution.

Unless we are in red flag fire weather, you should be able to burn your flag wherever you please. If we're in red flag weather, I politely request you, I don't know, paper shredder the flag?

[–] [email protected] 17 points 1 year ago (3 children)

A metric ton is 1000 kg. Source: Aerospace Military Industrial Complex drug dealer.

[–] [email protected] 17 points 1 year ago

Couldn't have happened to a better person.

Because a better person wouldn't be dumb enough to be the Republican Speakers of the House.

[–] [email protected] 5 points 1 year ago

At least somebody believes in him.

[–] [email protected] 29 points 1 year ago (1 children)

She did amazing things, and then stayed in office longer than she should have. I wish she enjoyed a few years of retirement.

[–] [email protected] 8 points 1 year ago

To be fair, she ran against Kevin de León; and today would be a great day for KdL to resign.

To think some lucky voter on the east side gets the pleasure of voting against both KdL and Alex Padilla.

[–] [email protected] 10 points 1 year ago

I bought a rotisserie chicken and was going to use the meat. Texted a friend that I was "boning a chicken."

Deboning is a word. I swear.

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