The_Nybbler
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User ID: 174
The_Nybbler
Does not have a yacht
21hr ago
Everyone remembers that, but forgets the centuries where the lords and nobles had peasants executed for any offense or no offense. It's bad to be on top come the revolution, but good every other time.
The_Nybbler
Does not have a yacht
23hr ago
The courts will allow the law to be hacked like a computer if they're sympathetic to the position of the hacker.
The_Nybbler
Does not have a yacht
1d ago
The laws do have to improve the situation, thanks to jurisprudence about "narrow tailoring" and "compelling public interest."
Narrow tailoring and compelling public interest apply when strict scrutiny is required. There's no need for strict scrutiny here, unless you accept that sleeping in public is a Constitutional right. And even if there were, there should be no need for a compelling public interest to improve things "for the homeless"; the compelling public interest could easily be to keep the park available for the non-homeless.
That Kavanaugh is concentrating only on the putative benefit to the defendants indicates that the interests of the rest of the public are at best secondary.
The_Nybbler
Does not have a yacht
1d ago
It is easier for a camel to pass through the eye of a needle than for a rich man to enter heaven. From those who have much, much is expected (and the corollary, from those who have nothing, nothing is expected, explains Grant's Pass). Blessed are the poor. Etc. It's a slave morality.
The_Nybbler
Does not have a yacht
1d ago
Because the people who would have to do this are believers in the institutions, even when they go against them. You see that with gun control, where the gun grabbers do NOT respect the Supreme Court. You saw it a bit with abortion, especially toward the end of Roe v. Wade. But you won't see it here.
The_Nybbler
Does not have a yacht
1d ago
That is exactly what municipalities wish they could do. "Just tell us what laws we are allowed to write that allow us to clean up our streets?!"
In this case, the intended rule is "You can't clean up your streets AT ALL until you solve the homeless problem in a particular way -- that is, provide shelter to all of them at public expense".
The_Nybbler
Does not have a yacht
1d ago
Yes, 5-4 with the three on the left plus Barrett and Kavanaugh. Probably with some hedging that will mean nothing.
The_Nybbler
Does not have a yacht
1d ago
Why do you think it’s misplaced sympathy and not, I dunno, doing their jobs?
From ScotusBlog:
But Justice Brett Kavanaugh was at least initially dubious that reversing the 9th Circuit’s decision and allowing the city to enforce its ordinances would make a difference in addressing the homelessness problem. How would your rule help, he asked Evangelis, if there are not enough beds for people experiencing homelessness? Kavanaugh returned to this point a few minutes later, asking Evangelis how sending people to jail for violating the city’s ordinances would help to address the homelessness problem if there are still no beds available when they get out. Such individuals, he observed, are “not going to be any better off than you were before.”
This is not the issue at all! The questions contain within them the implication that the laws have to make the homeless people better off. And thus the implication that somehow the Constitution protects the interests of the homeless over and above the other people who want to use the parks and public spaces that the law actually is in the interests of. This is just sympathy for the wretched, not "doing their jobs".
The_Nybbler
Does not have a yacht
1d ago
In theory, they criminalize the conduct of going somewhere while (potentially) having such a disease, which is distinct from criminalizing the disease itself.
Ah, so criminalizing sleeping while homeless should be fine. Or walking through town while a drug addict, to go to the Robinson case.
No, this is all sophistry; the 8th Amendment, having been stretched this much, can be said to cover or not cover any given case -- and it will be, based on other criteria. In this case, likely mostly misplaced sympathy for the homeless on the part of Kavanaugh and Barrett, and a corresponding lack of concern for anyone else on their part and that of the leftist justices.
The_Nybbler
Does not have a yacht
1d ago
Robinson should just be overturned in its entirety, sidestepping all this. The Cruel and Unusual Punishment clause is about the penalties which can be imposed for lawbreaking, not about the actions which can be forbidden. There's nothing about status or conduct in there. But the court is too conservative to overturn bad non-conservative precedent (except on abortion)
The_Nybbler
Does not have a yacht
1d ago
Once they have Ukraine that's not a problem any more.
The_Nybbler
Does not have a yacht
1d ago
Yeah right around the time that countries decided that they no longer had duties and obligations to their own citizens. The sword cuts both ways here.
That would be officially January 20, 1961 in the US, I believe. ("Ask not what your country can do for you....")
The_Nybbler
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2d ago
They aimed for Koop, but got Proposition 65
The_Nybbler
Does not have a yacht
2d ago
The problem I have with the measures that don't include transfers is they're often used to justify more transfers. Which is a nice broken feedback loop since by definition more transfers won't reduce that measure of poverty.
The_Nybbler
Does not have a yacht
3d ago
Maybe, though I have my doubts. Not before that particular bit of pravda become part of it, I'd wager.
The_Nybbler
Does not have a yacht
3d ago
The_Nybbler
Does not have a yacht
3d ago
To my knowledge most HBD theory proposes that IQ is fully general, and higher average IQ should correlate with more pro-social, civilized behaviour in general - I've seen no theory for a separate "criminality gene" being fleshed out.
No. Most HBD theories posit that 'g' is positively correlated with everything good including non-criminality, but not that it is the only factor.
The_Nybbler
Does not have a yacht
3d ago
You don't see the monkey's paw in your proposal? You now have divided the country, 1984 style, into the criminals, the proles -- the people living on these reservations -- the Outer Party (the people living in the regular part of the country), and the Inner Party (the people who decide who goes where). Life in the regular part of country becomes extremely regimented, with everyone constantly in fear of being sent to the reservation for the most minor (or imagined) of offenses if they happen to get on the wrong side of the Inner Party.
The_Nybbler
Does not have a yacht
3d ago
I see what appears to be co-ordinated protests, I know protests have been co-ordinated in the past, I infer the existence of a co-ordinator. It's not rocket science.
The_Nybbler
Does not have a yacht
3d ago
By whom?
I don't know, I'm not on their mailing lists (or Discords as the case may be)
The_Nybbler
Does not have a yacht
3d ago
The_Nybbler
Does not have a yacht
3d ago
Except Columbia can't do that because they've got pressure from the pro-Israel left which would result in the ouster of Columbia's Muslim female president, the Baroness (yes really) Nemat Shafik, if they did so. She doesn't want to be treated like Claudine Gay.
The_Nybbler
Does not have a yacht
3d ago
You can't really talk about protests like they're a unified group with a specific plan.
Of course they are. This is all planned.
The_Nybbler
Does not have a yacht
3d ago
The Clinton center-left voters are gone; they follow NPR and NPR has moved along with the progressive left even further leftward.
Or so he claimed when there was no chance of it happening.
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