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So what’s new in DuhSantistan?

Discussion in 'Too Hot for Swamp Gas' started by jjgator55, May 18, 2022.

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  1. ajoseph

    ajoseph Premium Member

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    You might need to change hotels …
     
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  2. jjgator55

    jjgator55 VIP Member

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    Yeah, you’re FAR right.
     
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  3. Swamplizard

    Swamplizard VIP Member

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    Okay but isn't it covered under both of those?
     
  4. ajoseph

    ajoseph Premium Member

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    Truth is I have not seen the lawsuit, so I’d be guessing. But assuming they are suing for a violation of their constitutional rights, and unlawful government retaliation, then sovereign immunity will not apply.
     
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  5. swampbabe

    swampbabe GC Hall of Fame

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    Corporations are people LOL
     
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  6. gator_lawyer

    gator_lawyer VIP Member

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    Nope. DeSantis can be sued in his official capacity for injunctive and/or declaratory relief under Ex Parte Young. He can be sued in his individual capacity for damages, but he may have a qualified immunity defense depending on whether the right is clearly established or not. Sovereign immunity protects him from damages claims in his official capacity.
     
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  7. Swamplizard

    Swamplizard VIP Member

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    Thank you as I said I am no attorney but this still seems like a reach
     
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  8. ajoseph

    ajoseph Premium Member

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    Just think to yourself, how would a person or company protect themselves of the government behaved unlawfully towards them? Without a remedy, we would have anarchy.
     
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  9. gator_lawyer

    gator_lawyer VIP Member

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    I glanced at the complaint. They're suing him in his official capacity under Ex Parte Young for declaratory and injunctive relief.
     
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  10. Swamplizard

    Swamplizard VIP Member

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    I remember Rick Scott getting sued and losing but that was more personal than a Government issue
     
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  11. gator_lawyer

    gator_lawyer VIP Member

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    Absent those exceptions, state officials would be free to violate the constitutional rights of their constituents and then would be insulated from any consequences in the federal courts, including the federal courts telling them to stop violating the Constitution. In essence, it would relegate our constitutional rights to mere suggestions in the states.
     
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  12. ursidman

    ursidman VIP Member

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    Bug Tussle NC
    I can’t see any reasonable person concluding differently.
     
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  13. Gator40

    Gator40 Avada Kedavra

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    A reach by Desantis, yes.
     
  14. cocodrilo

    cocodrilo GC Hall of Fame

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    Which means what exactly? Disney is going to want 1.6 billion dollars?
     
  15. gator_lawyer

    gator_lawyer VIP Member

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    No money damages.
     
  16. cocodrilo

    cocodrilo GC Hall of Fame

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    Aw shucks. I'd like to see him taken to the cleaners. But that's just me.
     
  17. dangolegators

    dangolegators GC Hall of Fame

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    Maybe it's the tax payers of Florida who should be taken to the cleaners for electing the idiot.
     
  18. gator_lawyer

    gator_lawyer VIP Member

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    Just saw that Dwyane Wade moved out of Florida because of the bigotry of the Republicans. Can't blame him.
     
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  19. G8trGr8t

    G8trGr8t Premium Member

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    Legendary Athlete Moved Out Of Florida Because Family Wasn't Accepted (msn.com)

    Wade's daughter, Zaya, came out as transgender in 2020 and was granted an official name change and gender assignment earlier this year. Wade and his wife, Gabrielle Union, have been unconditionally supportive of their daughter through this process.

    Wade played in Miami for 15 seasons and brought the franchise three championships. He sold his multi-million dollar Miami Beach mansion in 2021 and is now a part owner of the Utah Jazz.

    Kudos to Wade for protecting his family and making the move that's right for them.
     
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  20. tampagtr

    tampagtr VIP Member

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    Klanned Karenhood, a/k/a Mons for Liberty, is orchestrating the removal of the elected Leon County Schools Superintendent for his masking policy

     
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