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PaperclipPerfector  1yr ago (text post)   29839 thread views

Culture War Roundup for the week of October 2, 2023

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  1. Because Hanania's style is grating and he is physically unattractive in a way that makes you think he's a necromancer or something like that.

  2. Because of his scandal, and the fact that it really isn't that new or compelling of an idea.

  3. You have this backwards. Clarence Thomas has already thought often of striking the CRA entirely using originalism. People less bold and interesting, yet still holding high esteem in conservative legal circles, have already conducted high level meetings about how to do that without letting hotels hang "No Asians" signs. The question is what is the right case, what is the right court, and how to avoid the problem of the media lying about the outcome.

#3 is very hopeful to hear. Thank you.

Clarence Thomas has already thought often of striking the CRA entirely using originalism.

Can you elaborate on his theory? Because the most common argument I hear is based on freedom of association, which is not really an originalist argument.

The CRA is unconstitutional because there is no clause in the Constitution authorizing it. Simple as that.

I asked you what Thomas's theory was, not for your personal opinion. Given that the Supreme Court unanimously held that that the CRA is indeed constitutional, you can perhaps understand why the opinion of a layman that asserts otherwise, without addressing the rationale of the Supreme Court's determination, is of limited value.

The plain meaning of the enforcement clause of the 14th amendment would authorise federal civil rights laws, although SCOTUS found otherwise during the Jim Crow era.

Only those applying against governments. Not the more expansive ones affecting private companies and individuals.

I'm not sure I see how, given that the 14th Amendment only limits state actors, while the CRA applies to private actors.

I'm not sure if this is Thomas's, but an originalist interpretation of the Commerce Clause would invalidate pretty much all federal regulation of intrastate activity. The Commerce Clause only gives Congress authority to regulate interstate commerce, not anything which might conceivably affect interstate commerce.

Common carrier.

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