For the past two weeks, I’ve been discussing Lochner v. New York, the opinion, and the dissents. This week it’s time to take on the some analysis; both the once-prevalent view that, “Aside from Dred Scott itself, Lochner v. New York is now considered the most discredited decision in Supreme Court history” (A History of the Supreme Court by Bernard Schwartz, Oxford University Press, 1993. p. 190) and more recent efforts to “rehabilitate” Lochner.
This is gonna probably be my last TGIF for the next month since I’m leaving for Colorado on Saturday morning. I might be able to sneak one in but I’m not sure what kind of itinerary my daughter has planned so to be safe lets just say I’m gonna be incognito for a month. I will be posting now and again though…Expect pics of the mountains…I’ll only be able to post any pics I take with my iPad since my Canon won’t interface with the iPad as far as I know, anyway.
Well, on to the fabulous news we got yesterday. Tad is in the house…I mean in the indictment and hopefully that means Bernie is fucked. Whether or not Bernie is actually charged with anything assumptions will abound so the optics will do enough damage to hopefully keep his big mouth shut. The less he says going forward will be to his advantage I believe.
To make change this year, don't just vote–volunteer. Commit to taking action in this year's midterms starting now, but especially on #TheLastWeekend when it matters most.https://t.co/Q72Bmx3ESB
The farther Mueller takes us into the election meddling, the larger the web gets. Putin peddled his influence throughout our country to over half of the Republicans in office. the corruption goes all the way to McConnell. It took time to do this, Trump was planned well before 16
Dots… #Manafort work with Tad Devine in #Ukraine working for Russian-backed #oligarchs. Manafort works for Trump, Devine works for @sensanders. Russians use misinformation to dupe unwitting Trump and Sanders supporters. Devine pushes Dem party disunity. #BernieKnew
Sure sounds like Tad had a plan that he got straight from Vladdy.
Lots of reporting Devine was hired by Sanders for his campaign in Nov 2014. True. But it was months earlier, *in the spring of 2014,* that a "super organized" Devine played a key role in convincing a very reluctant Sanders to run in the Dem primary. 🤔https://t.co/U57TBjAOmppic.twitter.com/c9o5PtcRvk
If just 2 GOP senators switched from R to Independent, and caucused w/ Dems, the the Senate would flip right now — and be a check on tyrant Trump. Flake, Corker, and McCain should follow the noble example of Jim Jeffords, and put nation above party. It's time to do this. Now.
Our new ad "Dictators," which will run in primetime tonight on Fox News, MSNBC and across digital platforms, highlights Trump's longstanding, disturbing admiration for authoritarians of all stripes, including Vladimir Putin, & reminds viewers that America is better than this. pic.twitter.com/BajC78zm6O
These are the three traitors that kept Hillary from her rightful place!
The name @BernieSanders did not appear on the ballot during the 2016 GE. Yet a large share of the blame for Trump winning lies squarely on his shoulders, on the #BernieOrBust movement, & on the FOREIGN SUPPORT that kept his campaign alive for far too long.https://t.co/5ujtv4dKwy
Last week, the background leading to the Lochner v. New York lawsuit was discussed, as well as the decision of the majority which reversed the holdings of the county court, the New York Supreme Court, and the Court of Appeals. (Part One) Initially, the vote was 5-4 in favor of upholding the New York law, and Justice John Harlan wrote the draft opinion, while Justice Rufus Peckham wrote the draft dissent. Somewhere along the way, however, one justice changed their vote (most sources suggest it was Chief Justice Melville Fuller), and the opinion of Justice Harlan, with Justices Edward White and William Day concurring, became the dissent. Justice Oliver Wendell Holmes wrote a separate dissent.
Democratic lead in the generic ballot by as much as 10 points in some polls, but more important is the many groups formed to help with the 2018 Elections on is the Tech Group:
Dozens of progressive groups are organizing for Democrats in this year’s midterms. But Tech for Campaigns has focused on a particularly challenging assignment: dragging Democratic campaigns into the digital age, before it is too late.
Regarding the Super Delegates: Bernie sounded the warning about a problem that didn't exist and whipped up sentiment against a group of scapegoats until restrictions were placed on the scapegoats. Then he took credit for solving the nonexistent problem. Who does that sound like?
The true predecessor of Janus is Lochner v. New York, “the notorious 1905 decision that turbocharged the court’s pro-business interventions into health, safety, and economic regulation.”https://t.co/Q4hUsv5OwS
Like most non-lawyers, I struggle to understand the nuances of Supreme Court decisions, and I rely heavily on SCOTUSBlog (found here) to explain decisions in terms that I can understand. When the Janus v. AFSCME decision came down, followed by Justice Kennedy’s retirement announcement, I heard a lot of people talking about a return to the Lochner era. I had a vague recollection of the decision, but that mostly consisted of Lochner = bad. Today’s post is my IANAL attempt to provide an overview of the 1905 Lochner decision.
Going to give my notice 2 weeks in advance…I’ll be able to do two more TGIF threads before I leave on a jet plane bound for Colorado…I might attempt a thread or two while there but not guaranteeing anything becasue at this point not sure what my daughter and grand children are going to do to keep me occupied. Fishing, hiking and marijuana related shenanigans are sure to be on the menu so I don’t know how much free time I’m going to have. I suspect not much as it’s been over 5 years since I’ve seen them and I want to get as much time with them as I can. I’m leaving on July 21st and coming back on August 23rd. I’ll be checking in from time to time and since I’ll be taking my Canon I should be able to get some good pics to post.
Seems if we bide our time a little bit the Repukes will self explode like Jim Jordan. The Dems need to keep on this pedophile so he gets canned. One of the worst ones in Congress and I think if any other of them have skeletons in the closet they might keep a low profile moving forward. Hope for the best!
Jim Jordan knew, resign from your office, suspend your campaign and hire a lawyer because you're going to need one. This man knew an estimated 2k victims was being sexually abused and said nothing. Democrats needs to demand answers. We need justice for our males. This is madness.
For all those complaining about first responders time being wasted for the Statue of Liberty protest — y’all have been awfully silent about the millions of dollars & countless hours of police time wasted from white people calling the police on black people for literally existing.
Remember Brian Benczkowski? He represented Russia’s Alfa Bank and was a top staffer to then-Senator Sessions. Senate Republicans plan to vote next week to confirm him to head the DOJ Criminal Division.
Immigrants from all over the world have joined the @USArmy putting their lives on the line, to defend the freedoms & ideals that make America the beacon of hope that it is. To throw them out of the Army is obscene & pervert the values of our nation https://t.co/5d2Z9HKXFA
"This is something we just don't see. It's hard to even gauge or baseline it …from a prosecutor's perspective this just raises additional questions. Why are they there ? How'd they get there? … " – Chuck Rosenberg on GOP lawmakers in Russia w/ @NicolleDWallacepic.twitter.com/NuXRyY6gxm
You are to governance & politics what Bernie Madoff was to the stock market & investment advice. The two of you share a remarkably unethical ability to deceive & manipulate others, building Ponzi schemes to aggrandize yourselves. Truth & justice ultimately caught up with Bernie. https://t.co/lRKkWf3Aoh
— David D’Ag – I'll be civil when fascists are gone (@jackjonesbabe) July 5, 2018
Up yours Raphael!!!
The Federal Election Commission has issued a rare unanimous decision against Senator Ted Cruz. The agency has found that Cruz violated federal election law in his campaign for Senate in 2012. Cruz improperly handled loans from Goldman Sachs and Citigroup.https://t.co/gJhcO1VS6m
I’m taking the easy way out this week and letting political cartoons do the talking for me again. I have plenty of topics I want to write about, but they’re all research- and writing-heavy, and with this week being incredibly busy at work, I just don’t have the time I need to complete everything. I will be around today, but sporadically and as my work allows.
.Let’s all hope today is better than the last two days. In fact what we want to see and I think is going to happen sooner than later will be some one getting wind of indictments coming down and we will see the Repukes performing the Chinese fire drill.This will happen, and while it will whittle some of the deplorables out of Congress it won’t get them all. So no matter what happens we need to GOTV and vote in November.
My heart breaks for @Carl_Hiaasen, who lost his brother Rob Hiaasen in the crime at the Capital Gazette. Carl has brought so much laughter and joy to so many of us. Today, we share his tears. https://t.co/F2i2ZaVQKq
A president under active criminal investigation of whether he won legitimately and whether he has obstructed that very investigation should not be permitted by a mere Senate majority to designate the justice whose votes could prove pivotal to the fate of his presidency.
he is compromised because his son has been @realDonaldTrump's personal banker at Deutsche Bank for 12 years. The same Deutsche Bank that was fined $630 million for a $10 Billion scheme to launder Russian mob money. https://t.co/Hhnlpm0ivM