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DeSantis vs. Disney

Discussion in 'Too Hot for Swamp Gas' started by dynogator, Apr 13, 2022.

  1. docspor

    docspor GC Hall of Fame

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    Have any of these politicians that suddenly think firms should not be political ever sent a check back to a firm? Political donations are pretty darn political

    have any of these snowflakes bitched about the pillow guy?
     
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  2. gator_lawyer

    gator_lawyer VIP Member

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    Congress did grant them the authority. From the majority opinion:
    Congress enacted the Occupational Safety and Health Act in 1970. 84 Stat. 1590, 29 U. S. C. §651 et seq. The Act created the Occupational Safety and Health Administration (OSHA), which is part of the Department of Labor and under the supervision of its Secretary. As its name suggests, OSHA is tasked with ensuring occupational safety— that is, “safe and healthful working conditions.” §651(b). It does so by enforcing occupational safety and health standards promulgated by the Secretary. §655(b). Such standards must be “reasonably necessary or appropriate to provide safe or healthful employment.” §652(8) (emphasis added).
    --------------------------
    The majority decision invalidated the rule by claiming that COVID is not a "work-related danger." It was an absurd stance.
    https://www.theatlantic.com/ideas/a...-vaccine-mandate-scotus-osha-standard/621249/
    https://www.washingtonpost.com/opinions/2022/01/13/frightening-philosophy-supreme-court/

    The Gorsuch concurrence that you quoted applied a judge-made administrative law doctrine (major questions doctrine) that invalidates executive policy decisions Republican judges don't like. It basically ignores whether the statute's text generally authorizes the administrative act based on the idea that Congress couldn't have meant to authorize such a significant action without specifically authorizing it. That idea is of course nonsense. But it gives Republican judges the power to invalidate policies they don't like.

    Yet, this is all besides the point. Our conversation was about DeSantis violating people's constitutional rights. I referenced four laws of his that violated civil liberties. And in my post that you responded to, I asked you two questions:
    Statutory authorization is apples to oranges to violating people's constitutional rights. So whine about moving the goal posts, I don't care. I'm concerned about DeSantis's penchant for violating people's constitutional rights.
     
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  3. swampbabe

    swampbabe GC Hall of Fame

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    The irony. Hook, line, and sinker.
     
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  4. Gator715

    Gator715 GC Hall of Fame

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    I said it once and I'll say it again, "you are not the courts." You are not the arbiter of what is and what isn't Constitutional, nor are you the arbiter of what is or isn't absurd.
     
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  5. gator_lawyer

    gator_lawyer VIP Member

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    Cool. I can still call bullshit on their irrational judgments. The reasoning in that OSHA case was Lochneresque.
     
  6. ajoseph

    ajoseph Premium Member

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    I’m curious. Will the State or County now have to pay for Disney’s fire department that Disney currently operates? And all the other municipal services Disney currently provides?
     
  7. coleg

    coleg GC Hall of Fame

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    So 1 million Covid deaths does not constitute an actual emergency? Do you actually think a mask mandate and this retaliatory action by the Governor are equivalent?
     
  8. ajoseph

    ajoseph Premium Member

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    So at least you are agreeing that the action was retaliatory.
     
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  9. ajoseph

    ajoseph Premium Member

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    And watch Disney start game-planning to leave Florida and find a more tolerable State to run their business.
     
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  10. gator_lawyer

    gator_lawyer VIP Member

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    • Informative Informative x 1
  11. duchen

    duchen VIP Member

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    Better watch what you say and stay out of politics. Because if you do, they might come for you. Because you never know when you might be on the wrong side of the issue. That is how little Free speech matters to the right wing in this country. It should never surprise me how little people who scream about autocracy and constitutions rights really understand them. But the reality is that there are always people like you who think a vaccine mandate is Autocratic, but find excuses for punishing speeches long as the punishment is in accord with their beliefs. You do understand that using government power to punish political speech directly volatiles the First Amendment. And that your justification for the punishment admits it? Sit back and watch the fiasco that this is going to be.
     
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  12. PITBOSS

    PITBOSS GC Hall of Fame

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    Doesn’t desantis, as the gov of Florida, have real issues to work instead of all these cultural battles and how it might appear for a company to voice an opinion different from his?
     
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  13. gator_lawyer

    gator_lawyer VIP Member

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    Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.
     
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  14. tampagtr

    tampagtr VIP Member

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    They have their own fire and police department. And impact fees, at least under concurrency, or paid at the origin of development. I don't know how it would work here. I'm sure something similar has been done before on a much smaller scale. But the point remains that the county would immediately assume that service, and would of course have certain revenue streams available to pay for it. I don't know how Disney set it up but it likely was something similar to municipal bonds with some form of internal assessments against the property. But I guarantee you that the debts were also somehow guaranteed by other Disney assets, because it would not be general taxation. So if this goes through, the counties will assume the debt and there may be event of default because it the absence of a guarantor and they will have to dedicate some tax revenues, and I doubt any new annual tax revenues from the Disney property will be sufficient for the debt service.

    If anyone is honest, they will admit that this was a typically stupid stunt, by a government that is dedicated to performative stupidity, to try to assuage the unfocused anger of its base. I would say they would pay a political consequence, but those voters are the same ones that didn't care about trying to destroy the nation so they probably don't care about destroying the state either. MAGA types have consistently made clear that they don't care about burning everything down if they're not in charge with their vision of a certain blood and soil ethnostate
     
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  15. gatordavisl

    gatordavisl VIP Member

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    northern MN
    So ya speak Minnesootan, do ya?
     
  16. duchen

    duchen VIP Member

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    Now you see why I agreed with Citizens United. @gator_lawyer! And this poster is dead on about the Villages and other special districts like Disney. Why was Disney treated differently?
     
  17. gator_lawyer

    gator_lawyer VIP Member

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    Eh, Citizens United can be wrongly decided even if we agree that corporations have constitutional rights. See Austin v. Michigan Chamber of Commerce.
     
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  18. duchen

    duchen VIP Member

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    Disney is not a guest here. It is a corporate resident if Florida.
     
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  19. duchen

    duchen VIP Member

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    Case law is such a nuisance.
     
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  20. Gator715

    Gator715 GC Hall of Fame

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    Thats not what I said, but an emergency doesn’t justify cracking down on social media companies for “proliferating” information they don’t like.

    And that’s the point.

    Every emergency is an opportunity for Democrats.

    DeSantis skipped the facade.
     
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