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Cake day: October 14th, 2025

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  • I think what you’re describing is usually called direct democracy. If that’s the only kind of democracy you think is real democracy, I guess we’ll have to differ. I think there’s nothing inherently undemocratic about having elected representatives perform certain functions. I think at some scale it helps to have middle layers more than it hurts. That’s not to say direct democracy wouldn’t be preferable, I don’t know that I have a well-formed opinion on that. But if a system has consequential elections, no matter the structure of the government they elect, I’d call that a democracy.




  • The US was never a democracy.

    Of course America is a democracy. A flawed, and corruptible, and racist, democracy. Why do you think the right wing has to maintain such an enormous propaganda machine? Why do you think Republicans are clutching their pearls over the Iran war, and the spike in gas prices? It’s because they need votes. They need votes because they don’t have full control of the government apparatus, yet. That’s why they’re freaking out about the midterms, because they still don’t have their power fully cemented.

    Yes, the supreme court is corrupted by the moneyed class. So are the lower courts, so is the congress, so is the executive. The same is true for state and local governments at every level. What about that makes it not a democracy? What democracy hasn’t had their institutions challenged, their power threatened, by the powerful? Of course they will try. They’ve been trying to hoard and amass power since day one, and when one falls, another power-hungry would-be tyrant will be next in line to try to seize more than their share. We do our best to stop them, sometimes more successfully than others. That’s democracy.




  • According to the cert grant it’s a pretty well established circuit split:

    The Tenth Circuit’s decision is the latest addi- tion to a deep division in the circuit courts as to whether a denial of derivative sovereign immunity is an appealable collateral order. The Second, Sixth, and Eleventh Circuits hold that it is; the Fourth, Fifth, Seventh, Ninth, and now Tenth Cir- cuits hold that it is not.

    It only takes 4 justices for the court to grant cert on a case, so it’s possible most of the court would prefer not to hear the case at all and leave the circuits split. I can’t find which justices voted to grant, I’m not even sure if it’s public information.

    Writ of certiorari: https://www.supremecourt.gov/DocketPDF/24/24-758/337176/20250113154843375_No. 24-______ Petition.pdf

    EDIT: as to it’s impact on ICE: It’s overturning precedent in a few Circuits regarding so-called “derivative soveriegn immunity” for contractors who work with government agencies, so it will probably have impacts for ICE in some parts of the country. I think it mostly means that more cases will have to churn through the lower courts before higher courts can review them, which may mean more splashy “ICE dunked on by liberal judge” headlines. I think it also means that higher courts will have to review the cases on the merits, rather than just dismissing them as unreviewable due to DSI. How many cases that applies to and what the actual implications are, IDK IANAL.




  • Kind of. My reading of the opinion is that it boils down to “the power to regulate doesn’t imply the power to tax and never has.”

    The President asserts the extraordinary power to unilat-
    erally impose tariffs of unlimited amount, duration, and
    scope. In light of the breadth, history, and constitutional
    context of that asserted authority, he must identify clear
    congressional authorization to exercise it.
    IEEPA’s grant of authority to “regulate . . . importation”
    falls short. IEEPA contains no reference to tariffs or duties.
    The Government points to no statute in which Congress
    used the word “regulate” to authorize taxation. And until
    now no President has read IEEPA to confer such power.
    We claim no special competence in matters of economics
    or foreign affairs. We claim only, as we must, the limited
    role assigned to us by Article III of the Constitution. Ful-
    filling that role, we hold that IEEPA does not authorize the
    President to impose tariffs.
    

    Full opinion: https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf