Entirely different, no, really

And the stakes in Whole Woman’s Health stretch far beyond abortion. SB 8 is drafted to frustrate judicial review before the law takes effect. If the Supreme Court embraces this tactic, other states are likely to copy it, potentially allowing states to enact all kinds of unconstitutional practices that can’t be challenged until after an unconstitutional law takes effect.

Entirely and wholly different from Biden’s attempt to extend the CDC’s unconstitutional evictions moratorium. The attempt to extend being justified by insisting that it would take a few months for the courts to rule against it by which time it would have had the desired effect anyway.

But, you know, lefties….

18 thoughts on “Entirely different, no, really”

  1. Bloke in North Korea (Germany province)

    They do the same here. Write unconstitutional law. Wait 4 years for it to be struck down, wait out the 4-year grace period for the law to have to be rewritten, change a few commas.

    My solution is almost Ecksian. Any MP ever votes for a law later found unconstitutional, mandatory 10 year prison sentence and life ban from any elected office or public job.

  2. Any MP ever votes for a law later found unconstitutional, mandatory 10 year prison sentence and life ban from any elected office or public job.

    What if the “constitution” is whatever happens to be politically desirable for supreme court judges at any given time?

  3. While generally favouring the Ecksian for politicians, we enter very dangerous territory when it becomes legally possible for the Big-endian party to imprison members of the Little-endian party, as soon as they get power, and the Little-endians can do the same to the Big-endians for as long as they stay in power.

    On the other hand, this has the benefit of creating the Ecksian without Joe Public having to lift a finger.

    Let’s try it out somewhere else first though, see how it develops. The USA sounds suitable. Ah, seems they are ahead of me.

  4. Isn’t the simpler answer not to have the laws?

    OK. My views on abortion are different from a lot here. I believe a human’s a rational sentient being & importantly, the sum of that individual’s memories. A being without memories has nothing to be sentient about. So I believe the foetus is a potential person, not a person. For that matter, a new born baby is a potential person not a person. Personhood is something one becomes, not is. Likewise, at the end of life, I believe for the person involved there is no functional difference between life & death. A person alive is aware of being alive. A dead person is aware of nothing. Since there’s only one state of awareness, for the individual, the other doesn’t exist.

    So for me, all decisions in these arenas should be the decision of the concious individual. I can’t see why las should intervene in what one does with one’s own body.

  5. I wonder why abortion is described as Reproductive Health Services. Following BIS, potentially one person, possibly more, is being definitively deprived of the opportunity to reproduce.

  6. philip
    Potential people don’t make decisions about opportunities. And opportunity implies decision.

    Possibilities are an infinite set. The past is a finite set. The cusp is choice.

  7. O/T but I find this story incredible. Literally.

    https://www.telegraph.co.uk/news/2021/09/01/nazi-sympathiser-spared-jail-long-reads-pride-prejudice/

    Let’s think about it. Is there actually a law about what you can read now? The Anarchist’s Cookbook? Shouldn’t think there were many people of my generation haven’t seen it. There were enough grubby Roneod copies going about. There’s nothing in it you wouldn’t find in an O-level chemistry textbook. There was a theory going about, it was actually crafted by one of the intelligence agencies to defeat the ’60’s vintage college anarchist nutters. You tried any of its recipes, you blew yourself up trying to make the bomb. Don’t think you’d actually be that successful.
    Extreme Right Terrorist groups. Despite police obsession with them has there actually been any extreme right wing terrorism? UK government’s been quite happy to do deals with the IRA spent decades blowing up people. Having a member in government in NI. Suggesting Islam might have some connection with Muslim’s blowing themselves & the public up on buses or at pop concerts is apparently verboten.
    And the penalty for extreme right wing terrorism is to be made to read bodice rippers? It’s enough to drive one to extreme right wing terrorism
    UK’s gone barking mad.

  8. Bloke in North Korea (Germany Province)

    “What if the “constitution” is whatever happens to be politically desirable for supreme court judges at any given time?”

    You mean what is happening in the Germany Province of North Korea right now?

  9. Bloke in North Korea (Germany Province)

    “And the penalty for extreme right wing terrorism is to be made to read bodice rippers? It’s enough to drive one to extreme right wing terrorism”

    I admit to being a little bit surprised that that would be your choice in gentlemens’ literature.

  10. You’re reminding me of the endless attempts to have Trump impeached and his election deemed null and void since it was faked by the Russians.

    Of course to suggest anything similar about our noble hero Biden is utterly unacceptable.

  11. @BiS, the article has the following useful paragraph which would scare the bejeesus out of anyone. Who gets to define what could or could not assist in terrorist-related activities ?

    “In the UK, it is illegal to knowingly possess material that could assist in terrorist-related activities under Section 58 of the Terrorism Act.”

  12. I think I’m bang to rights. I have a decent chemistry textbook in my library. Plenty of stuff in there for making explosives & noxious gases, poisons etc.

  13. “In the UK, it is illegal to knowingly possess material that could assist in terrorist-related activities under Section 58 of the Terrorism Act.”

    That would include a battery? A screwdriver? Ladybird’s ‘Janet and John make an electric circuit’?

    Indeed, ability to read and write is pretty useful for that sort of thing, so should be banned.

    This is simply a law to make everyone guilty, so no one is innocent. John Galt stuff.

  14. @BiS

    ‘A dead person is aware of nothing. Since there’s only one state of awareness, for the individual, the other doesn’t exist.’

    Remind me not to fall asleep next time I visit your gaff.

  15. @Tim the Coder – September 2, 2021 at 8:24 am

    Indeed, ability to read and write is pretty useful for that sort of thing, so should be banned.

    I think you’ll find that the state school system has already made a start in that direction…

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