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It's rare that I agree with you but you're 100% right about this. It's a travesty that groups who are subject to wrongs perpetrated by the very governments that are supposed to protect them are often left with no recourse and no compensation. While I can certainly sympathize with a small group of conservatives who were unfairly targeted by the IRS under the Obama administration, that is unfortunately nothing compared with the millions of Black Americans who are still suffering as the result of official government policy. First, after being brought here against their will to perform manual labor, slavery was enshrined within the US Constitution for the first 80 or so years of our nation's existence. Following abolition, things didn't get much better, as they were routinely discriminated against, often as a matter of official government policy, and routinely denied the very rights the Reconstruction Amendments sought to recognize. Even in areas where discrimination was not enshrined into law, they were still almost universally denied the opportunity to work in good jobs, live where they wanted to, and otherwise be treated like any other member of society. The results of these centuries of discrimination have been nothing short of catastrophic for Black Americans; even as we enacted legislation to address these wrongs in the 1960s, Blacks still lag behind others in almost every metric.
Given these circumstances, one would think that providing some sort of reparation for the harms the government has inflicted upon blacks would be a no-brainer in these more enlightened times, but that has unfortunately not been the case. Fully half of the country seeks to blame Blacks themselves for their own plight, arguing that if they only were willing to work a little harder things would magically improve for them. Some even wave their hands and explain the situation through the simple intellectual and moral inferiority of Blacks, echoing the slave masters of 200 years ago. Even on the left, the more wishy-washy white people voice concerns about what reparations would look like, who would qualify for them, and a host of other practical concerns that would threaten to sink any program from the beginning. Righting these wrongs has become all but politically impossible.
Luckily, though, Donald J. Trump has unlocked the cheat code to get around an ineffective, even hostile Congress. All that is needed in the next Democratic administration is for a civil rights group to file a class action suit against the US government. No legitimate claim? No problem! This will never get close to an actual courtroom, as president AOC will be more than happy to offer a generous settlement package before the first motion is filed. No debate, no working out the messy details, just pick a strategy and go for it. Because when you look at all that's happened, $1.619 trillion is getting off easy.
Eh, not a great comparison.
Trump is a case of a specific wrong against specific people perpetrated by specific agencies. Its then a general payout from the government to the conservative movement in general.
Black slavery was also all of those levels of specificity. But with enough time removed it is instead all moved to generalities. Its black people in general that were wronged, its white people in general that carried it out, and its supposed to be paid for by all americans in general.
The areas where I say "general" are the problem.
For IRS targeting: I would have liked to see specific people in the IRS or the Obama administration sent to jail for the IRS tax targeting. I'd like to see unconstitutional orders treated the same way the military treats illegal orders. "I was ordered to break the constitution so its not my fault" should be an admission of guilt not a defense against prosecution. Bribing off the republicans seems like something that politicians on both sides are happy to take as a "compromise" rather than handing out punitive sentences and discouraging similar things in the future.
For slavery I'll give you a very specific example. I'll remove as many generalities as I can.
My ancestors owned slaves. We are close to a 100% certain that we know some of the descendants of those slaves (slaves tended to take on the last names of their former masters when they were freed). Lets say we can identify approximately 100 descendants of both the slave owner, and 100 descendants of the slaves. Its been about 5 generations. Assume no intermarriage so everyone is generally tracing only 1/32ndth of their ancestry to this generation.
None of the wealth acquired from the slave owning is still around. There is one house that was the former plantation house, but it was lost in bankruptcy and then re-bought. Nearly all other wealth of the slave owning family was also lost in that bankruptcy (took place in the 1880s).
How much do I a descendant of the slave owner owe to a descendant of the slave?
I understand what you're saying but that's all besides the point. Whether it's a one to one comparison or not, a bullshit lawsuit is a bullshit lawsuit,.and unless the courts undo this, you're opening up the possibility that anyone can use a bullshit lawsuit to fund whatever pet projects you can't get congressional appropriation for.
I followed your topic down the rabbit hole. You brought up the slavery comparison, not me. If its besides the point, then you agree with what I first said about it being a bad comparison.
As others have pointed out, this is not opening that possibility. The ability to influence policy and set preferences via lawsuits has existed for at least two decades. Easy one to find:
Via an act of supreme court the EPA was granted sweeping jurisdiction over all greenhouse gas emissions. Which is any gas burning engine.
I'm sorry to have to put it this way but I think you're missing my point. They differ in many ways, yes, but none of which are important. The only principle that matters here is that the attorney general has the authority to appropriate arbitrarily large amounts of money provided they are done under the guise of a settlement, regardless of whether there is a conflict of of interest. None of the differences you point out are limiting factors in any legal sense, and part of the reason I selected the example I did was to make it clear how wide-ranging the implications of this are. You shouldn't have to think too hard to find examples of how this process can be abused for ends you vehemently disagree with even if you insist on a more apt comparison. I can think of a few myself right off the bat, but I'm not going to play a game where some irrelevant difference is nitpicked as though disproving the example shoots down my entire argument and means that this maneuver can only be used for pro-MAGA aims. As I said, the consequences are wide-ranging.
I don't know what to tell you, this has been happening for at least a decade.
Volkswagen "Diesel gate" settlement. The bank of America and Citi group settlement.
It's common enough that in 2017 Trump 1 banned the practice of having government settlements give money to third party NGOs that were not victims or parties of the original case.
I don't have to imagine it being abused for causes I don't like (I don't even like this cause.) Because it has already been abused repeatedly.
I just get frustrated when I see some story that is basically "Democrats outraged that trump is flagrantly violating a norm that they have been quietly violating for a decade".
It's not that I'm happy with Trump violating the norm, I just see it as already dead.
There's no difference between the government suing a private company (which does not want to pay billions of dollars in restitution, to NGOs or anyone else) and the government suing itself?
There is, but the government has also been defendants like in Keepseagle v. Vilsack or Cobell v. Salazar.
I get not knowing about those cases, I had to refind their names after learning about them a long time ago. But I've been telling you that such cases exist. I'm not making shit up to be difficult or play the "both sides" game.
It's a good norm to have to not let the government settle out into a third party slush fund. But the norm is long dead at this point.
Again, neither of these are government suing government. The keepseagle settlement and the later cy pres disbursements were approved by a district court and the salazar settlement was funded by an act of congress. There's somewhat more accountability than... none at all.
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