The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Immigrants Remain in Mexico, But Tenants Vacate Their Apartments
The Biden Administration went 0-2 in 48 hours at the Supreme Court.
On Tuesday, the Biden Administration lost its emergency appeal in the Remain in Mexico case. On Thursday, the Biden Administration lost in the eviction moratorium case. This span may be the toughest two-day stretch for an administration before the Supreme Court since Blue June. The Supreme Court's conservatives didn't split: immigrants must remain in Mexico, but tenants must vacate their apartments.
I'll have much more to say about the eviction case in another post.
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Bad faith gamesmanship will haunt the Biden admin for years.
I read that NYC is also trying to moot the NYSRPA by spontaneously issuing permits to the plaintiffs.
Sigh, the only result will be a significant narrowinging of mootness doctrine to prevent evasion.
It also looks like Biden is actually losing it. My guess is they can't keep him doped up enough with all the frequent public appearances. It is only a matter of time now....
80 million votes.
What, does getting votes cure dementia? Better let the Alzheimers researchers know!
Is it really so "bad" for Biden? One point of view might be that the Court has done Biden & c. a favor by rescuing them from their own stupidity and diffusing two ticking time bombs of the administration's own making,
I'm not sure this isn't the result Biden wanted. He knew the moratorium needed to end, and he also knew his base would never let him live it down if he ended it. So he basically had the court do it for him. This looks to me very much like please don't throw me into the briar patch.
Quite a few of the Democrats' recent moves seem like Supreme court beatdown bait. A good deal of the election related laws they're trying to get through the Senate right now directly contradict Supreme court rulings, for instance, or tell the Court how it's allowed to reason about constitutional matters.
I think they may be trying to enrage their base enough to make Court packing politically survivable, even if they have to pull some dubious moves to accomplish it.
... meanwhile, they accuse the right of destructive populist tactics. The Democrats' dalliance with "democratic socialism" suggests a melding of Thatcher's comment on the problem of socialism with the quote, often misattributed to Alexander Fraser Tytler, about how long a democracy can last.
The Democrats are no more socialists than the pope is Jewish; try going on blogs written by people who actually are socialists and you'll find they hate the Democrats almost as much as you do.
That aside, there is a difference between appealing to populism *when your views actually are the views of a majority of the population*, which is the Democrats, as opposed to *when your views are diametrically at odds with the majority of the population but you stay in power anyway because of anti-democratic institutions*, which is the Republicans. Democratic appeals to populism are at least not bullshit.
"The Democrats are no more socialists than the pope is Jewish"
That's actually a fair analogy, since there is a sense in which the Pope is Jewish, but it's a fairly attenuated sense. Jews and Christians both theoretically worship the same God. I guess you could say that Christianity relates to Judaism in the same way that Mormonism relates to Christianity.
I agree that most Democrats aren't socialists. Closer to fascists, actually, in the economic sense of the term, but that would be fully accurate, either, and economic fascism is really just another flavor of socialism, anyway.
Socialism, as horrible as it is, is a coherent economic philosophy, and the Democratic party doesn't have one of those. That precludes their being socialists, right there.
Yes, I have seen deranged comments about Democrats actually being some kind of center-right or even right-wing party. That doesn't stop lots of influential Democrats from advocating what they call democratic socialism, and convincing others to go along with those ideas.
Similarly, the fact that you read poll summaries that say one thing doesn't mean that thing is right. There are plenty of topics where the American public agrees much more with Republicans than Democrats. The Biden administration and current Congress lengthen that list every week.
If you look at Joe Biden's voting record in the 36 years he was in the Senate, and didn't know it was his voting record, you'd think he was a moderate Republican.
The problem is that American politics skews so far to the extreme right relative to the rest of the world that someone who would be considered right wing almost anywhere else gets tarred as a Marxist here. And of course the Democratic Party has its progressive wing -- AOC and her followers -- but they are just a wing; they don't even have that much influence in the party itself. The idea that the Democratic Party is leftist is a joke.
Maybe you would look at the voting record of a Senator who was 97% loyal to the Democrat party in the 110th Congress (his last full term there) and think "moderate Republican", but don't expect the rest of us to be so blind.
But you're assuming that voting with the Democrats = having a leftist voting record and that's not true. The Democrats are far from a leftist party Look at how Biden voted on specific issues, regardless of which party supported it, then get back to me.
Given the lack of actual conservative parties internationally...and the GOP hardly being one here...your claim seems utterly pointless.
Blackman's gloating about Remain in Mexico is nonsensical.
There is nothing the courts can do to make them reinstate the actuality of Remain in Mexico, as opposed to pretending to be working hard on looking into the adminsitrative and diplomatic issues involved in pursuing an approach to a potential investigation of the reinstatement of the Remain to Mexico policy, though perhaps with modification of the application.
The grandchildren of people now illegally crossing from Mexico will be long dead before anyone is actually required to Remain in Mexico.
Correct. It is still de facto open borders policy, implemented by treacherous domestic enemies. Illegal border crossing are breaking record levels yet again, and the Biden admin is just packing them into buses and dumping them all over the country. Our rate of illegal immigration is higher than legal immigration at this point.
It's all about creating facts on the ground that can't be reversed. We'll be generations removing these people, even if a majority in favor of border enforcement take over at the next election.
And we'll be generations getting single payer health care even though a majority of the country wants it. Brett, how does it feel to be in the majority and know that it makes no difference whatsoever?
It sucks, on the occasions when it happens to me, which aren't all that frequent.
As the saying goes, a majority of people want a pony, too. They just don't want to feed one and shovel manure. It's easy to say people want something, when you ask them without any consideration of the cost.
Oh, I think it's far from certain that single payer would increase anyone's costs. It's hard for me to imagine single payer being more cumbersome, costly, bureaucratic and inefficient than what we have now. Europe insures 100% of its population for significantly less than what we pay for health care. I certainly would want to see some hard numbers before I agreed with you.
But even if you are right, you're merely told the majority why you think they're wrong, which is not the same as whether the majority should have the right to set policy. And when your side is on the majority side of an issue and doesn't get what you want, it's really hard for me to get all worked up about it since most of the time you're the minority getting what you want.
Remember when people thought openly defying the SCOTUS was an impeachable offense and not, you know, giving a speech on a day something bad happened?