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“Stop Woke” law ruling due

Discussion in 'Too Hot for Swamp Gas' started by tampagtr, Jun 23, 2022.

  1. tampagtr

    tampagtr VIP Member

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    Judge Mark Walker, likely destined to be reversed again

    TALLAHASSEE — A federal judge is expected to decide this week whether to block a new state law that would restrict the way certain race-related concepts can be taught in public schools and in workplace training.


    ‘Stop Woke’ ruling is due - Tampa Bay Times

    And of course DeSantis and Florida conservatives have ideological Allies in this regard on the other side of the world, who now acknowledge the futility of facts


    HONG KONG — A decade ago, thousands of Hong Kong students hit the streets to protest proposed changes in the school curriculum they felt were designed to brainwash them and strip critical thinking from the classroom. Taken aback by the magnitude of the demonstrations, authorities quickly shelved the idea.

    Ten years later, even more drastic revisions of the curriculum are taking place with barely a murmur, as an all-encompassing security law written by Beijing crushes dissent in a city once characterized by its open debate.

    New textbooks have been written saying that Hong Kong was “occupied” but never a British “colony.” A list of banned books — which the government refuses to publicize — has librarians on edge. A school subject devoted to cultivating critical thinking and creativity will be replaced by one focusing on citizen values.



    https://www.washingtonpost.com/world/2022/06/22/hong-kong-education-beijing-colony/
     
  2. gator_lawyer

    gator_lawyer VIP Member

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    It actually appears he's going to deny the injunction, at least in part. Frankly, while the legal theory is solid, the plaintiffs in this case aren't the right people for the lawsuit and the timing isn't right. I expect stronger challenges to be filed and that the law will eventually be enjoined. I also expect even the conservative Eleventh Circuit will uphold blocking parts of this law. It's very blatantly unconstitutional.
     
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  3. tampagtr

    tampagtr VIP Member

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    You have more faith in the system than I. Even if ripeness and standing were cured and he issued the injunction, the CCP types at the Eleventh would reverse
     
  4. rivergator

    rivergator Too Hot Mod Moderator VIP Member

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    This really is bizarre. Does anyone here, even our most ardent conservatives, believe that the state should be able to restrict how businesses can train their employees?
    Anyone?
     
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  5. sierragator

    sierragator GC Hall of Fame

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    We are watching the systematic transformation of our country into a fundamentalist theocracy. praise be and blessed be the fruit.
     
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  6. gator_lawyer

    gator_lawyer VIP Member

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    I'm saying that this particular case isn't the right one to take up to the Eleventh Circuit, and Walker knows it. When a stronger case is filed down the road, it'll go up to the Eleventh Circuit, and I feel good about the chances of success on some aspects of this law. Its application to higher education is very obviously unconstitutional, and I'd bet the employer portions don't fare well either. It's a closer call for K-12.
     
  7. boligator

    boligator All American

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    The Handmaid's tale...here we come. Better buckle up!!!!!
     
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  8. tampagtr

    tampagtr VIP Member

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    Ruling in the University case. Don't remember if we had separate thread on that:

     
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  9. PITBOSS

    PITBOSS GC Hall of Fame

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    What is it with desantis and culture wars. There are real issues - home insurance in fla. Worst in the county. everyone here, or a close friend/family member has significant home ins issues.
     
    Last edited: Nov 17, 2022
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  10. mrhansduck

    mrhansduck GC Hall of Fame

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    I think it's probably the same reason he had to go to Texas to get enough migrants to make the headlines since they were only coming here in "onesies and twosies." It seems all politics is national now, whether there's actually a problem at the state or local level or not. Even guys like Bill Maher seem to be giving DeSantis some credit for being anti-woke. My guess is that it polls well.
     
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  11. oragator1

    oragator1 Premium Member

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    I assume it goes to the 11th circuit now? Any thoughts on what they will do?
     
  12. tampagtr

    tampagtr VIP Member

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    I'm cynical, so I predict reversal
     
  13. gator_lawyer

    gator_lawyer VIP Member

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    If you asked me to place a bet, I'd say affirm. This law is extreme, and the state's lawyers gave away a lot at the PI hearing. They have basically gone all in on government speech, and I don't see that argument being successful.

    That all said, if Barbara Lagoa and Bill Pryor end up on the panel together, you never know what will happen. They're both such shameless hacks that I could see them ruling in Florida's favor.

    I think most, if not all, the other Republican appointees (Ed Carnes, Kevin Newsom, Andrew Brasher, Britt Grant, Gerald Tjoflat) who are active judges or hear a good amount of cases as senior judges won't be inclined to do mental gymnastics to save this law. Liz Branch and Robert Luck are wildcards to some degree, but I think Luck probably wouldn't bend over backwards to save this law.

    The Democratic appointees (Charles Wilson, Adalberto Jordan, Robin Rosenbaum, Jill Pryor, Stanley Marcus, Julie Carnes, and Frank Hull) won't vote in favor of saving this law. My motto is "assume the worst of the Eleventh Circuit," but I'm optimistic here.
     
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  14. rivergator

    rivergator Too Hot Mod Moderator VIP Member

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  15. rtgator

    rtgator Premium Member

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    Federal judge heavily references '1984' in striking down parts of DeSantis’ ‘Stop WOKE Act’ - UPI.com

    U.S. District Judge Mark Walker on Thursday specifically struck down parts of the law that prohibited college employees from teaching eight topics related to race and accused Florida of "doublespeak," a reference to 1984, court documents show.

    "'It was a bright cold day in April, and the clocks were striking thirteen,' and the powers in charge of Florida's public university system have declared the State has unfettered authority to muzzle its professors in the name of 'freedom,'" Walker wrote, further citing from the novel.
     
  16. rtgator

    rtgator Premium Member

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