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Culture War Roundup for the week of April 10, 2023

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Then it sounds like you don't have an example

I just gave you all the examples. I can't tell whether you're being deliberately obtuse in hopes of setting some rhetorical trap, or whether I have mistakenly attributed to you a substantial knowledge of the law that you don't actually possess. (For some reason I thought you were a lawyer, but now I'm thinking I must be mistaken about that. If so, my apologies!)

You are advocating for giving rural voters veto power over ALL legislation, not the tiny minority of legislation that intentionally discriminates against them

What reason would they have to use a veto power on anything else?

Or maybe more importantly--why are you advocating for rural voters to never have a veto over ANY legislation, even legislation that intentionally discriminates against them? Because that is clearly the result of "one man, one vote."

I just gave you all the examples.

No, you didn't because, as I said, those are examples of something different: "To make out an equal protection violation, a party cannot merely prove disparate impact—he must "prove `the existence of purposeful discrimination' motivating the state action which caused the complained-of injury." Johnson v. Rodriguez, 110 F.3d 299, 306 (5th Cir. 1997) (citing, inter alia, McCleskey v. Kemp, 481 U.S. 279, 292-93 (1987)). Specifically, "[d]iscriminatory purpose in an equal protection context implies that the decisionmaker selected a particular course of action at least in part because of, and not simply in spite of, the adverse impact it would have on an identifiable group." Woods v. Edwards, 51 F.3d 577, 580 (5th Cir. 1995) (quoting United States v. Galloway, 951 F.2d 64, 65 (5th Cir. 1992))." Allen v. Hays, (5th Circuit No. 21-20337, March 21 2023).

As I said, you are advocating for an absolute veto power, not the limited "veto power" re the narrow set of legislation that violates the Equal Protection Clause.

What reason would they have to use a veto power on anything else?

Are you kidding? Anything that they think does not serve their interests, or anything that they think might harm them (including anything that happens to have an adverse impact), or any culture war issue, for that matter. Or, any project that did not benefit them as much as they wanted. Or any budget that did not fund some useless pork in rural areas. Etc, etc, etc.

why are you advocating for rural voters to never have a veto over ANY legislation, even legislation that intentionally discriminates against them?

  1. I'm not.

  2. Such legislation that did not have a legitimate purpose would be subject to "veto power" under the Equal Protection Clause. If you are arguing that the standard under the EP clause should be higher -- eg, that rural residency should be a quasi-suspect or suspect classification, fine. But you are arguing for something much, much broader: For a certain group to have an absolute veto over ALL legislation.

Anything that they think does not serve their interests, or anything that they think might harm them

Those things would be a form of discrimination against them, no?

No, not intentional discrimination. It certainly would not meet the standard for purposeful discrimination, as noted above: "Specifically, "[d]iscriminatory purpose in an equal protection context implies that the decisionmaker selected a particular course of action at least in part because of, and not simply in spite of, the adverse impact it would have on an identifiable group." Woods v. Edwards, 51 F.3d 577, 580 (5th Cir. 1995) (quoting United States v. Galloway, 951 F.2d 64, 65 (5th Cir. 1992))." Allen v. Hays, (5th Circuit No. 21-20337, March 21 2023)."

Moreover, all laws affect some people differently; that doesn't make them intentional discrimination.

So "we want to ban cattle farms for ideological reasons" would not constitute discrimination against cattle farmers to you?

Either way, this is the sort of thing the geographically based houses were designed to prevent -- Reynolds was bad because it stripped States of the right to decide how their Houses should be constituted, based on an invented "right" to "one man one vote" -- which is totally baseless in terms of the design of the Union.

So "we want to ban cattle farms for ideological reasons" would not constitute discrimination against cattle farmers to you?

? Yes, a law that explicitly on its face applies to a particular group is intentional discrimination against that group. But it isn't intentional discrimination against rural residents, even though such a ban would disproportionately affect rural residents. Similarly, the current ban on growing opium poppies intentionally discriminates against opium poppy farmers, but it isn't intentional discrimination against rural residents, even though it disproportionately affects rural residents.

But, speaking of intentional discrimination, do you know what is intentional discrimination? Geographically based houses, which intentionally discriminated against urban residents. But somehow that is ok? Because the correct team is being harmed?

First you need to prove that "one man one vote" is a right in the US -- it never was, and still isn't (as evinced by the process for electing Federal Senators).

Nor is there a right to raise cattle. The point is that you are being selective in your outrage about discrimination.

Note, btw, that the Fourteenth Amendment was designed to limit the states, not the federal govt, so the Senate is not particularly relevant. Plus, the Constitution says that "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." Just because all baleful discrimination cannot be eliminated does not mean that none can.

Nor is there a right to raise cattle.

"Life, Liberty, and the pursuit of Happiness" ought to cover it.

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