[tomder55]

Clueless Joe's reaction

"I think the Court misinterpreted the Constitution."

President Biden on Supreme Court Rejecting Student Debt Forgiveness | C-SPAN.org

Nope what SCOTUS said is the President is not a dictator .

[tomder55]

Re Groff v. DeJoy

Not sure how I feel about that one. I can see it from both directions

.


1977 the court ruled that employers must accommodate the employees request unless such a request would require an employer to “bear more than a de minimis cost.” (Trans World Airlines v Hardison). Definition of de minimus is small not worth consideration.

Alto wrote that the employer should be able to show an actual hardship before denying a request ;that courts hearing cases about religious accommodations must ask “whether a hardship would be substantial in the context of an employer’s business in the commonsense manner that it would use in applying any such test.”


The Trans World decision undercut the law to the effect that it was pretty much meaningless. The Groff ruling is more in line with how Title VII of the 1964 Civil Rights Act reads .

[tomder55]

Libs never take no for an answer . They repackage their garbage with a new bow and then resell it . Clueless doesn't give a rat's a$$ about the burdens of students with loans . What they see is a constituency . How to get them to vote ? Offer feebees . How else do you explain it . He really can't think it equitable for factory workers to pay taxes to help pay off their bosses MBA

SCOTUS knocked down his student loan forgiveness plan .But he already had plan B .

He announced that he will forgive loans under the Higher Education Act of 1965 (again all the more reason to have sunset clauses in all laws )
I have not read the law but evidently there is a provision that allows the DOE to
"enforce, pay, compromise, waive, or release any right, title, claim, lien, or demand" related to student debt.

This is a plan that the blond hair blue eyed native American Senator has proposed .

Ltr to Warren re admin debt cancellation.pdf (senate.gov)

Clueless says that this will take a longer time accomplish . But time is on his side. He will keep on extending the payment moratorium until the end of 2024 . Then he won't need the students anymore.

[tomder55]

Justice Thomas' concurrence in the Affirmative Action case does a great job detailing the history of Affirmative Action . He then takes down Justice Brown's dissent .

It is a KO ! Worth reading the whole thing starting after the 40 page Roberts opinion .


This is on page 51 of Thomas' concurrence

JUSTICE JACKSON’s race-infused world view falls flat at each step. Individuals are the sum of their unique experiences, challenges, and accomplishments.What matters is not the barriers they face, but how they choose to confront them. And their race is not to blame for everything—good or bad—that happens in their lives. A contrary, myopic world view based on individuals’ skin color to the total exclusion of their personal choices is nothingshort of racial determinism.

[tomder55]

Creative LLC v Elenis

“The opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong.”........


“The First Amendment’s protections belong to all, not just to speakers whose motives the government finds worthy,” “In this case, Colorado seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance…Consistent with the First Amendment, the Nation’s answer is tolerance, not coercion. “the First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands.”
(Gorsuch writing for the majority )

21-476 303 Creative LLC v. Elenis (06/30/2023) (supremecourt.gov)

[tomder55]

Back to student loan forgiveness. As mentioned by Roberts Madame Mimi before Clueless decided to forgive student loans said it would be unconstitutional ;that loans forgiveness would have to come from Congress.

Yet when push came to shove both Schmucky Schumer and her went along with it.

Madison explained in the Federalist papers that the balance of power would work because each branch would jealously guard the power they were granted .
(Federalist 51)

But what is happening more frequently is that Congress abdicates it's power to the executive authority . This is how republics die.

[jlisenbe]

The Bee nails it again. And do bear in mind that the Babylon Bee is satire.

WASHINGTON, D.C. — Senator Elizabeth Warren forcefully denounced the Supreme Court decision to ban affirmative action, explaining that it's the only reason a young Native American girl like herself was able to go to Rutgers.
"I would have been trapped in a life of growing corn and tanning buffalo hides," explained Senator Warren. "For me, affirmative action was the difference between Rutgers and the reservation."

[Wondergirl]

Why Rutgers? Why not a state university. Why not start out at a two-year community college?

[jlisenbe]

Welcome back.

[tomder55]

Rutgers is the State university of NJ

btw not all state college systems are easy admission. I grew up on Long Island NY . To get into Stony Brook State U I would've needed close to a 4.0 gpa and a min 1320 SAT score . Acceptance is competitive with only 44% acceptance for NY residents .

[tomder55]

Jillian Anderson on Twitter: "@SenWarren You’re just upset that being Pocahontas no longer gives you an edge." / Twitter

[Wondergirl]

Rutgers is the State university of NJ

btw not all state college systems are easy admission. I grew up on Long Island NY . To get into Stony Brook State U I would've needed close to a 4.0 gpa and a min 1320 SAT score . Acceptance is competitive with only 44% acceptance for NY residents .

Warren is from Oklahoma. Yes, she was so trapped....

From Wikipedia -- "She also won a debate scholarship to George Washington University (GWU) at the age of 16.^[15] She initially aspired to be a teacher, but left GWU after two years in 1968 to marry James Robert "Jim" Warren,^[26] whom she had met in high school.^[15][24][27]Warren and her husband moved to Houston, where he was employed by IBM.^[15][28] She enrolled in the University of Houston and graduated in 1970 with a Bachelor of Science degree in speech pathology and audiology.^[23][29]
The Warrens moved to New Jersey when Jim received a job transfer. She soon became pregnant and decided to stay at home to care for their daughter, Amelia.^[15][19][30] After Amelia turned two, Warren enrolled at Rutgers Law School.^[30] She received her Juris Doctor in 1976 and passed the bar examination shortly thereafter.^[27][30"

[jlisenbe]

Undergrad was from Houston. She went to Rutgers for law school where she, as I understand it, made a largely false claim to have Native American ancestors.

This from Politifact.

Warren’s central offense dates back to the mid 1980s, when she first formally notified law school administrators that her family tree includes Native Americans. Warren said she grew up with family stories about both grandparents on her mother’s side having some Cherokee or Delaware blood.
That genealogical claim has zero documentary evidence to back it up, according to a PolitiFact review of news and newsletter databases back to 1986.

I have no idea if it helped her gain admission or not. Perhaps Tom can answer that. One way or the other, it certainly seems to have been a wild tale, though not on the grand level of Hillary and her Kosovo fairy tale.

[tomder55]

Here is her Texas Bar exam applcation where she claimed flat out that she was a Native American



She had a DNA test done that says she has a smidgeon of Native American DNA from 10 generations ago on her mother's side. She tried to use that as proof until the Cherokee nation shot it down. Besides the flimsy evidence ; her DNA was compared to samples from Mexico, Peru and Colombia. US native nations have not submitted DNA samples for comparison and have decline to participate in DNA studies.

Elizabeth Warren DNA test 'inappropriate and wrong,' Cherokee say (usatoday.com)

Elizabeth Warren releases results of DNA test - The Boston Globe

Why the Cherokee Nation’s rebuke of Elizabeth Warren matters - The Washington Post

Hey in the woke era all you have to do is identify as one to be one. right ?


I can't confirm that she used racial preferences to either get into Rutgers Law or obtain a prestigious place in Harvard faculty . She disputes it and the compliant press beats the war drums on her behalf . But it is clear from reporting that Harvard used the fact in it's claims about faculty diversity .

Warren admits that she told Harvard and U Penn (when did we hear that college recently ?) that she was Native American .

Elizabeth Warren Admits She Told Employers Of Her Native American Heritage - ABC News (go.com)

[jlisenbe]

Hey in the woke era all you have to do is identify as one to be one. right ?

Her claim is about as valid as a man claiming to be a woman, which is to say that neither claim holds water.

[tomder55]

The progressives relied on SCOTUS since the Warren Court to push through the radical agenda . Yeah they had Congress to make law for much of that time. But their fall back was always a creative reading of the plain text of the Constitution and laws . They relied of SCOTUS legislating from the bench . SCOTUS was their tool.

But not that they don't have it they rely on demogogery and intimidation of the court .They will also soon try to change the court through packing it ;and other means like enforcing ethics rules and term limits (both of which I really don't have issue with ...but I opposed packing )

When SCOTUS reversed Roe ,they unleashed the whirlwind of intimidation on justices that could've led to an assassination.
Clueless Joe ;who more than anyone in the Dems ranks having been the head of the Senate Judiciary Committee forever ,has become the Demagogue in Chief.

SCOTUS reversed his executive over reach of attempting to grant student loan forgiveness. He declare SCOTUS read the Constitution wrong. Mind you, This is a guy who barely made it through law school . He has misread the Constitution for years.
Article 1 Sec 7 is pretty clear cut . Only Congress has the power to spend. He said he will reach into his bag of tricks and pull out another unconstitutional way to give an important voting block some candy.

Then he went to battle with SCOTUS over their ending of unconstitutional affirmative action racial quotas for college admission.
SCOTUS in this case relied on a clear text reading of the 14th Amendment . Mind you ;way back in 1978 SCOTUS ruled that public universities and the government could NOT rely on a racial quota system. (Regents U of Cal vs Bakke ) 2003 SCOTUS said that race could only be used in a "holistic review,"(whatever that means ) in applications .2007 they decided race could not be a "tie breaker" . The libs changed the language from quotas to a goal of " diversity "(quotas by another name) . The very intent of the Civil Rights movement was to create a color blind society . But to achieve that the progressives think they can use discrimination as a remedy . SCOTUS told them otherwise.
Doesn't matter that MLK dreamed of a day when his children were not treated differently because of their race. Clueless Joe and the progressives know better .

Clueless again trashed the court because it said that Christians could not be compelled to engage in commerce that is against their religious beliefs . That of course is a very basic 1st amendment right . Basic in the fact that the framers of the country considered religious freedom a cornerstone right .

In a published statement he said basically everyone has rights except Christians
Statement from President Joe Biden on Supreme Court Decision in 303 Creative LLC v. Elenis | The White House

That was a 2fer .He also went after the court when it ruled that a devout Christian could not be compelled to work on Sundays. In this case the employee was a Federal worker at the Post Office and deserved a defense from the head of the Federal work force. He got none.

[tomder55]

KJP says racial preferences are a constitutional right on MSNBC with host Ari Melber.

White House: Racial Preferences Are an ‘Important Constitutional Right’ - AIR.TV

[jlisenbe]

If the great Constitutional scholar KJP, who is undoubtedly completely unbiased, says that the Constitution guarantees preferences for certain races and calls for discrimination against other races, then I feel very sure we should just all accept that.

[tomder55]

[tomder55]

Clueless Joe announced yesterday that he will forgive $4.8 billion in student debt . That makes a total of $132 billion he unconstitutionally forgave to date. The debt doesn't go away . The tab will be picked up by truck drivers; fast food workers ,and others who never went to egg head Ivy League indoctrination institutions .

Biden administration to forgive $4.8 billion in student loan debt (cnbc.com)