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Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Retric on Saturday October 17, 2020 @08:35AM (#24809506)
Trying to sidestep democracy is how you end up with armed revolt. I wish both sides would realizing their destroying people’s faith in the system and how quickly that can destabilize everything.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by BoiledCabbage on Saturday October 17, 2020 @08:45AM (#24809550)
> I wish both sides would realizing their destroying people’s faith in the system

And I wish people would stop saying 'both sides' when it's 95% only one side. That's the issue. One side is now against census so people aren't represented, restricting voting so people don't get a say, and people keep saying 'both sides'.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by TallGuyShort on Saturday October 17, 2020 @09:09AM (#24809694)
I don't understand the Democratic side here either. There's a question of citizenship, but census data is used to determine allocation of electoral college votes. The electoral college system being something that I support but that Democrats keep trying to undermine. Yeah if you come here undocumented, or illegally, there's pretty natural consequences. I don't think anyone should ignore that. And they seem to want undocumented immigrants to be treated at the same level as legally naturalized citizens, but they rarely take any opportunities for immigration reform and the state of immigration enforcement under Obama wasn't so much better than Trump's that I yearn for the return of a Democratic presidency. So yeah - both sides erode my faith in the system. Just because I think one candidate in this election is worse doesn't mean I'm not angry at the pathetic counter from the Democrats.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Retric on Saturday October 17, 2020 @09:14AM (#24809732)
Counting everyone is literally what’s in the constitution.

Remember, when the country was formed immigration wasn’t some complex thing you just showed up. Picture an immigration official trying to turn back a ship full of slaves because they where undocumented or missing paperwork. Meanwhile they still counted as 3/5th person in the official count.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by TallGuyShort on Saturday October 17, 2020 @09:16AM (#24809746)
I'd be fine with that, but let's be clear that that's not the system the Democrats move towards. Instead we have this weird system where a bunch of people jump through hoops to be here legally and a bunch of people don't, and Democrats pick and choose when they care about either one. There's no predictability, rule of law, consistency or sense on this issue from either party.

I began immigration to the US under a Democratic administration and finished it at the end of a Democratic controlled Congress and another Democratic administration. It was consistently a badly run, non-sensical process. So FOH with claims that Democrats would like a country with open borders or that they're much better at running a sane process.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Schiendelman on Saturday October 17, 2020 @09:32AM (#24809854)
It really looks like you’re conflating policy with bureaucracy.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by TallGuyShort on Saturday October 17, 2020 @09:44AM (#24809914)
Open borders isn't their policy either. A census that just counts people isn't their policy either. Source: censuses I've taken under Democratic exrcutives asked me plenty of other questions.

And even if those things were their policy, if the bureaucracy is still the same, what difference does it really make? The article concerns itself with links between how a bureaucracy is run and policies. This thread of conversation deals with people's faith in a "system".

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by yokaze on Saturday October 17, 2020 @10:46AM (#24810322)
> Source: censuses I've taken under Democratic exrcutives asked me plenty of other questions.

That's not the point. The Supreme Court was convinced by the evidence presented (statements on record by people in the current administration) that the intend of the citizenship question was to reduce the count of people with illegal immigration status. So the question was intended to undermine the primary purpose of the census as mandated by the constitution: counting all the people.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by yokaze on Saturday October 17, 2020 @10:31AM (#24810220)
You don't have to understand the democrats, you just have to understand the Supreme Court ruling.

It's clearly spelled out in the constitution that it should be an accurate count of all people.

People not eligible to vote (non-citizens, mostly slaves) were explicitly intended to be included by design.

If you want that to be different, there is a process for that, and that's a constitutional amendment.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by woo49 on Saturday October 17, 2020 @10:01AM (#24810023)
I agree. It would be much better if both sides were at least honest.

for example, the Democrats could say "we understand some electoral college votes will be indirectly allocated to illegal immigrants, we also understand that because liberal states have more illegal immigrants it will help the left more than the right, but that's the price to pay for counting every actual US citizen."

The republicans could say, 'we want to make sure only US citizens count in terms of votes, and we will lose some actual US citizens plus we will undercount illegal immigrants (which is useful in other, non voting related ways) in order to ensure that.'

Then we can have a conversation. The way this dialog is being had, with liberal statisticians making 'scientific arguments' and republicans attacking electoral integrity is just a mess.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by abathur on Saturday October 17, 2020 @10:44AM (#24810297)
I agree with the general thrust of what you're saying in terms of honesty, but I want to point out that it's not clear that the ground truth fits/supports this framing.

If you look at something like https://www.pewresearch.org/hispanic/interactives/u-s-unauth... and sort the list any way you want: There are several reliable D/R states with almost no undocumented immigrant population, and several D/R states with 3%+.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Retric on Saturday October 17, 2020 @01:36PM (#24811635)
It’s something of a tossup if counting all immigrants directly helps Republicans or Democrats in term of house seats. That really depends on which states are near the breakpoint and so far we just don’t have that data, presumably the current administration is basing their choices on something we don’t know rather than ideology.

It might impact gerrymandering efforts, which gets even more complicated and again without a clear winner unless you have a preliminary version of the data to work with.

Honestly, I dislike what’s being done due to optics more than politics.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by abathur on Saturday October 17, 2020 @10:19AM (#24810148)
There are multiple games being played concurrently by all of the different participants, making it hard to understand what/why from the local context of a single game.

If both sides erode your faith in the system, I suspect it's because you see real problems that need to be solved, but the people "elected to solve them" are instead constrained by these games.

Speaking of systems--can you clarify what about the electoral college system you support, and perhaps cite either some systemic features/biases/incentives you think it corrects for, or perhaps some points in U.S. history where you think the electoral college system improved overall outcomes?

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by TallGuyShort on Saturday October 17, 2020 @10:30AM (#24810210)
I think the "Great Compromise" helps correct for the fact that people in different locations value different things and have different experiences. People who live in farming communities understand plenty of things that people in cities don't and vice-versa. Beyond that, it's an agreement that was reached between states who were giving up their sovereignty to join together. If we discard compromises like that because people who won the popular vote by a tiny margin now think it's outdated and that they have some democratic mandate, then collectively society has lost my trust to keep it's word on future compromises wherein I'm asked to forfeit some of my independence and sovereignty.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by abathur on Saturday October 17, 2020 @12:06PM (#24810971)
Thanks for responding. I'm going to poke at this a bit, so I want to be clear that I respect you for engaging.

> I think the "Great Compromise" helps correct for the fact that people in different locations value different things and have different experiences. People who live in farming communities understand plenty of things that people in cities don't and vice-versa.

This phrasing feels like a platitude that can justify any distribution of electoral-college power we feel like creating. Can you clarify how it "corrects" for people having different locations/values/experiences?

Maybe it helps to focus on narrower questions like: Do you feel like the current winner-take-all allocation in most states or proportional allocation as used in Nebraska and Maine either uphold or undermine the values you're describing here?

> ...it's an agreement that was reached between states who were giving up their sovereignty to join together. If we discard compromises like that because people who won the popular vote by a tiny margin now think it's outdated and that they have some democratic mandate, then collectively society has lost my trust to keep it's word on future compromises wherein I'm asked to forfeit some of my independence and sovereignty.

This feels a little unfair...

1. States made a compromise of some sovereignty to join, but the compromise was very much about protecting significant parts of that sovereignty. The states, quite pointedly, retain the sovereignty to modify the compromise. If the electoral college is discarded, it will be because states exercised their sovereignty, via this process, to do so.

2. Following the above, minus a few stipulations, each state legislature retains broad power regarding how their electors are selected and what they are expected to do. Something like the Fair Vote proposal entails exercising this sovereignty.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by OnlyOneCannolo on Saturday October 17, 2020 @10:03AM (#24810028)
Enumeration Clause of the Constitution says that the census counts everyone.

Legislators can change that through legislation. They're not supposed to sabotage the accuracy of the census.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by FeepingCreature on Saturday October 17, 2020 @09:02AM (#24809647)
And I wish people would stop defending the other side in that 5% as if 5% was okay.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Schiendelman on Saturday October 17, 2020 @09:34AM (#24809863)
When someone claims it’s 50%, it’s critical to point out when it’s actually 5%, or corrective resources are misallocated. Focusing as much on the 5% as the 95% is the exact mechanism by which the 95% is allowed to get that bad.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by FeepingCreature on Monday October 19, 2020 @12:49PM (#24828155)
I would argue that "how dare you talk about the 5% given there's a 95% about, what do you mean equal enforcement of uniform rules, anyone who is concerned about anything but the 95% is a moral monster" is also part of how the 95% got so bad.

People have built-in game theory enough to be highly sensitive to others trying to set up unequal enforcement.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Retric on Saturday October 17, 2020 @09:31AM (#24809848)
It might not be close to 50:50 but it’s not 95:5. Less tainted is still tainted.

When I say both sides, I mean both sides. Gerrymandering to give minorities districts for example does the same thing to undermine people’s faith in the system. The goal should be to outlaw gerrymandering not find some way to allow it to be useful politically.

Should people in DC maintain the right to vote? IMO they should, but it’s become a political issue not a democracy issue.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by rc_mob on Saturday October 17, 2020 @09:44AM (#24809916)
Sure. But point is saying “both sides” right now is a harmful thing to say. The current Republican party is doing far more damage to democracy than any other in recent memory.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Retric on Saturday October 17, 2020 @11:29AM (#24810688)
Sadly doing more harm doesn’t prevent each side from attacking the other on this issue. Having a consistent stance that every vote should count resonances in a way that picking specific issues just doesn’t.

I am not saying you can’t play the game. It’s a terrible idea to split your states votes while the electoral collage is in it’s current form. Acknowledging this is how things are, and we should come up with a better solution is fine. Fighting each issue separately isn’t.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by pessimizer on Saturday October 17, 2020 @09:45AM (#24809920)
Nobody is gerrymandering to give minorities districts. People are either splitting minorities between several districts in order to keep them from having a say, or packing them all into one district to keep surrounding districts from having Democratic majorities (and to attack people having a problem with the shape of the district as attackers of the only district representing that minority.)

> Should people in DC maintain the right to vote? IMO they should, but it’s become a political issue not a democracy issue.

Only in the 21st century do voting issues only become political when they can be looked at in terms of race.

"Political" means about the process of governance, not "when minorities or women have a complaint."

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Retric on Saturday October 17, 2020 @10:03AM (#24810033)
Maryland and California both have several arguably well intentioned though racially motivated districts. The Supreme Court has ruled that splitting minority districts is a violation of the U.S. Constitution as it weakens their voice. Which has made this a common fight between the parties.

However, this idea that districts should be advantageous to some group is inherently corrosive to the idea of democracy. You can’t have your cake and eat it to, either districts need to be arbitrary lines drawn without political influence or your just deciding what influences are allowed.

PS: Packing means these districts can also be used to hurt democrats by creating a single district with extreme bias you can create several safe districts which would otherwise be contested.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by UncleMeat on Saturday October 17, 2020 @09:48AM (#24809944)
> The goal should be to outlaw gerrymandering

Precisely one party is proposing laws and suits that push in this direction.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by crisdux on Saturday October 17, 2020 @09:50AM (#24809958)
I'm assuming by right to vote you mean congressional representation. Since certainly residents of DC do vote for president, among other leaders.

Of course congressional representation for DC is a political issue. Framing this as an issue of democracy doesn't tell the whole story. DC is a federal district and by design has no representation in Congress. This was a political decision.

Congressional action to grant DC statehood outright has no precedent and seemingly goes against the constitution. If residents of DC want the same congressional representation as states, then retrocession to return parts of DC to Maryland or Virginia is the main constitutionally viable option - this has been done before. Congress granting DC statehood outright would be a misuse of their power. This whole thing is rife with politics.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Retric on Saturday October 17, 2020 @10:25AM (#24810185)
I would be fine dumping DC voters into MD and or VA, hell randomly assign them across the country.

Playing the hypothetical harm issue is kind of laughing in the face of democracy as an idea. They don’t even have final say in local laws.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by vvG94KbDUtRa on Saturday October 17, 2020 @08:48AM (#24809565)
There's a lot of things you can "both sides" but only one side is undermining democracy because their positions are unpopular.
[dead]
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by cj on Saturday October 17, 2020 @09:04AM (#24809659)
> Democratic Party using the judicial branch and SCOTUS to legislate from the bench because

Hasn't the supreme court been majority conservative for quite some time? Not majority liberal?

(unless your comment is sarcasm)

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by tolbish on Saturday October 17, 2020 @09:19AM (#24809759)
thought it was sarcasm at first, but it appears rubyistSeva genuinely isn't aware that the Democratic nominee was blocked four years ago on the basis of it being an election year, only for the Republican party to turn around and do exactly that this year.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by mensetmanusman on Saturday October 17, 2020 @11:18AM (#24810608)
This has the entire list of ‘N’s in U.S. history:

https://www.senate.gov/legislative/nominations/SupremeCourtN...

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by rubyist5eva on Saturday October 17, 2020 @09:30AM (#24809834)
The Republican party had no reason to hold confirmation hearings for Merrick Garland - the votes did not exist to confirm him. The role of the Senate is to provide advice and consent - there was no consent so there was no reason to do it.

This year is different - Republicans hold the majority of the Senate and the White House. This nominee has the votes.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by RonaldRaygun on Saturday October 17, 2020 @10:18AM (#24810141)
Believe it or not, the Senate used to actually follow the law as written and advice and consent, and not simply reject out of hand because the nominating president was of the opposing political party. 13 Supreme Court Justices have been confirmed by a Senate controlled by the opposing party since 1945. All of these were under a Republican President and confirmed by a Democratic Senate.

The last Justice to fail to be confirmed was Bork in 1987, for the very valid reason of his association with Nixon's Saturday Night Massacre prior to the latter's forced resignation.

The process was never intended to be a political, partisan battle, and this was respected by both parties until 2016. Merrick Garland was (and remains) eminently qualified for the seat, and nobody serious on either side of the aisle claims otherwise. I defy anyone to give me a cogent reason why he should not have been given the prescribed consent by the Senate. Mitch McConnell has most likely indelibly changed the Supreme Court confirmation process to be a purely political one, to the great detriment of the Court. Incredibly shortsighted, in my opinion, as it has dispensed with all pretense of a supra-partisan deliberating body.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by plushpuffin on Saturday October 17, 2020 @09:54AM (#24809979)
The Senate has traditionally accepted the president's nominee assuming s/he was qualified. Garland had previously been out forward by the GOP as an example of a qualified and respected judge. And let's not forget that had Clinton won, the GOP was determined to keep that seat on the court empty for 4 years. They said as much. And when they refused to even consider Garland they also said that their newly made-up rule would apply if the shoe was on the other foot. They clearly didn't mean that, and the rationale for confirming Barrett that you are parroting above is just that, a rationale. An excuse. Don't pretend the rest of us are stupid. We know exactly why your position on this has changed and it has everything to do with the fact that your side has the temporary power to do what it wants.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by rubyist5eva on Saturday October 17, 2020 @10:06AM (#24810058)
Don't act like "your side" wouldn't do the exact same if the parties were reversed.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by plushpuffin on Saturday October 17, 2020 @10:14AM (#24810120)
A few years ago, they wouldn't have. Now they would, and should. The GOP has escalated and the Democrats need to respond in kind by expanding the Supreme Court and the federal judiciary, to undo the damage caused by years of Republican obstruction which prevented Obama from appointing hundreds of judges.

Please stop pretending that this game of escalating stakes and norm-breaking is somehow on the Democrats. We've been watching Mitch McConnell and we remember what he's done.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by tchock23 on Saturday October 17, 2020 @09:52AM (#24809967)
That wasn’t the stated reason given by the party at that time. The line sold to the public was ‘can’t confirm in an election year,’ which can be found in many public statements by Republicans at that time.

Going through with a nomination while voting has actually started and announcing it one hour after the death of a justice is pure hypocrisy, plain and simple.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Aunche on Saturday October 17, 2020 @09:44AM (#24809918)
In that case, the Senate can always just refuse to confirm a new justice whenever the majority isn't the same party as the president.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by maxerickson on Saturday October 17, 2020 @10:04AM (#24810043)
That is the case. I don't think it is obvious that this sort of naked use of power is always going to be the best strategy for a political group though. Only time will tell, but it appears to me that the coalition of voters the GOP has long relied on is starting to fracture.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by rubyist5eva on Saturday October 17, 2020 @10:04AM (#24810038)
yes, they can.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Schiendelman on Saturday October 17, 2020 @09:37AM (#24809878)
To me, your comment reads as an interesting bit of mental gymnastics.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by lordnacho on Saturday October 17, 2020 @10:37AM (#24810250)
> The Republican party had no reason to hold confirmation hearings for Merrick Garland - the votes did not exist to confirm him.

The senators are supposed to go to the hearing and then decide whether they think the guy should be confirmed. For you to say he didn't have the votes is to admit it is just a power grab.

Why not just hold the hearing and vote against him if you don't like what you hear? The silly thing about this is they could have just gone through the motions, just like they are doing now.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by rubyist5eva on Saturday October 17, 2020 @09:28AM (#24809824)
Anthony Kennedy was a swing vote and he retired in 2018, so no - it was not "majority conservative". Kennedy voted in the affirmative for both Planned Parenthood v. Casey and Obergefell v. Hodges, both of which both being particularly egregious examples of legislation from the bench. I am both pro gay marriage and pro-choice - but neither of these things exist in the Constitution. Not one word. Either amend the Constitution or allow states to create their own legislation. If both Roe/Casey and Obergefell disappeared overnight - do you think abortion and gay marriage would all of a sudden become illegal in New York and California?

If the Democrats don't see the judicial branch as an extension of the legislative, then why would they be threatening to pack the court with justices that will vote for their causes?

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by cj on Saturday October 17, 2020 @09:38AM (#24809887)
Wasn't Anthony Kennedy nominated by a Republican president?

> pack the court with justices

Without taking a side myself, I think the problem is this: https://en.wikipedia.org/wiki/Merrick_Garland_Supreme_Court_...

And more specifically:

> He [Mitch McConnell] said the next Supreme Court justice should be chosen by the next president—to be elected later that year.[1][2][3] Senate Democrats criticized the move as being unprecedented, and responded saying that there was sufficient time to vote on a nominee before the election.[4]

Democrats are not happy with the double standard set by Republicans of blocking a nominee when a justice dies during an election year when it's a liberal one, and not blocking (instead, quickly accelerating) a nominee when it's a conservative one.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by rubyist5eva on Saturday October 17, 2020 @09:47AM (#24809938)
Republican presidents have been notoriously bad at nominating justices that interpret the law as written, instead of projecting their own personal views and agenda onto them. Anthony Kennedy and David Souter both being particular bad appointees, John Roberts is also pretty bad.

Merrick Garland did not have the votes to be confirmed.

Let's not pretend that the democrats would not ram through a justice to replace RBG in the exact same scenario where they have the White House and the Senate.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Retric on Saturday October 17, 2020 @09:37AM (#24809881)
I think you will find the overwhelming majority of things decided by the Supreme Court are ‘not in the constitution’. That’s simply not how or why it was setup.

https://en.wikipedia.org/wiki/List_of_United_States_Supreme_...

First case: Attorney General did not permissibly construe Controlled Substances Act to prohibit the distribution of drugs for physician-assisted suicide

3rd: Habeas corpus relief may not be granted on the basis of debatable inferences used to overturn the trial court's finding vis-á-vis peremptory challenges

5th: Arbitrator must decide legality of contract unless arbitration clause is itself being challenged

10th: States may constitutionally limit the evidence of innocence a defendant convicted of a capital offense may present at his sentencing hearing to the evidence already presented at his trial.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by tzs on Saturday October 17, 2020 @10:48AM (#24810338)
> I am both pro gay marriage and pro-choice - but neither of these things exist in the Constitution. Not one word.

Neither does straight marriage.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by rubyist5eva on Saturday October 17, 2020 @12:02PM (#24810933)
Because marriage was supposed to be managed by _the states_ which is what the constitution says. Both Obergfell and Roe/Casey created constitutional "rights" out of thin air.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Schiendelman on Saturday October 17, 2020 @09:36AM (#24809873)
If you think those hot button issues define liberal vs conservative, you may be farther to the right than you think.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by tasty_freeze on Saturday October 17, 2020 @09:24AM (#24809795)
Republican presidents placed 11 supreme court justices in a row, from Nixon through GH Bush. Clinton placed two, and republicans have been whining about needing to fix the liberal supreme court ever since. GW Bush placed two, Obama placed two, and it looks like Trump will place three.

You are quoting someone, but I want to add on that "legislate from the bench" is a phrase that is invoked when the speaker doesn't agree with an outcome but never when they agree with an outcome. It means nothing.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by rubyist5eva on Saturday October 17, 2020 @09:33AM (#24809855)
It's not about having a "liberal" justice or a "conservative" justice. It's about having a court that does what is supposed to do - _interpret_ the law, not create it. Republican Presidents have been very bad at choosing justices that do this as well, David Souter being probably the worst example.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by tasty_freeze on Saturday October 17, 2020 @01:55PM (#24811785)
Pick a case where you believe they created law, then cite the bill that they wrote.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by amadeuspagel on Saturday October 17, 2020 @09:44AM (#24809917)
> You are quoting someone, but I want to add on that "legislate from the bench" is a phrase that is invoked when the speaker doesn't agree with an outcome but never when they agree with an outcome. It means nothing.

I like the outcome of Roe v. Wade but see it as an example of legislating from the bench.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by lordnacho on Saturday October 17, 2020 @10:47AM (#24810330)
There's also nothing wrong with that. The distinction between the different branches creating law is pretty vague. If congress makes a law and the court strikes it down, are they "legislating from the bench"? Or are they merely pointing out that the new law is incompatible with the rest of the laws?

The quote is right, law isn't just whatever the congressmen decide.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by rubyist5eva on Saturday October 17, 2020 @12:07PM (#24810977)
> law isn't just whatever the congressmen decide

That's what it should be and was intended to be by the Founding Fathers. When the judiciary strikes down an unconstitutional law, it is supposed to exactly be because it is not compatible with existing laws or the constitution. 100%.

“A law repugnant to the Constitution is void. An act of Congress repugnant to the Constitution cannot become a law. The Constitution supersedes all other laws and the individual’s rights shall be liberally enforced in favor of him, the clearly intended and expressly designated beneficiary.” –Marbury v. Madison, 5 U.S. 137 (1803)

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by refurb on Saturday October 17, 2020 @09:44AM (#24809919)
Well, since everyone is claiming that with Barrett's nomination that it will turn into a Conservative majority, what does that tell you about what it looks like before that?
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by RonaldRaygun on Saturday October 17, 2020 @10:27AM (#24810193)
Everyone is claiming it will shift it from a 5-4 soft conservative majority, with relatively centrist Bush Jr. appointee John Roberts often siding with the Dem appointees on issues of human rights, immigration, and abortion restrictions, to a 6-3 hard conservative majority that will be well-nigh unbreakable for many years.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by redler on Saturday October 17, 2020 @10:37AM (#24810253)
It will go from a conservative majority (typically 5-4 on polarizing cases — now 5-3 after Ginsburg’s death) to an entrenched conservative supermajority of 6-3, far less likely to ever render “non-conservative” verdicts on those cases. As you likely know.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by refurb on Saturday October 17, 2020 @09:43AM (#24809910)
Whose positions are unpopular? Last I checked most of the elections are pretty evenly split at the national level (+/- 10%).
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Retric on Saturday October 17, 2020 @10:38AM (#24810261)
Based on polling data, 3/4th if Americans support Roe vs Wade. However, both parties are trying to get elected so they pick a set of options that gives them a significant chance to be elected.

Why such unpopular options can make the cut is people don’t care about issues equally. When a significant minority care a lot about one issue they get patched together with other such groups and you can get elected even if most people disagree with the majority of what you stand for.

Over time identity politics eventually confuses things as people constantly supporting one party tend to adopt the stances of that party. This gets interesting when parties swap position on some issue.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by refurb on Saturday October 17, 2020 @11:47AM (#24810828)
Seems like Roe vs Wade is Closer to 60/40, but regardless, that’s a pretty loaded question. What does overturn mean? Complete ban on abortion? Replace with something else?

When asked if pro-choice/pro-life, Americans are pretty evenly split.[1]

So as per the OP’s comment, which issues are so strongly supported that only party clearly supports them?

Gun control? No.

Welfare reform? No.

Higher spending? No.

I’m genuinely curious.

[1] https://news.gallup.com/poll/1576/abortion.aspx

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Retric on Saturday October 17, 2020 @12:52PM (#24811279)
https://www.pewresearch.org/fact-tank/2019/10/16/share-of-am...

60% think gun laws should be more strict, 11% think they should be less strict.

Welfare reform and lower spending are not strictly Republican platforms. Reform isn’t a specific policy decision. Also, Republican administrations have seen some of the largest spending increases. Being a believer in small government, free markets, and zero debt I don’t have a clear party favorite.

EX: I firmly believe there should be zero subsides for any industry, as such rebates for installing solar is a bad idea. Flat carbon tax and let the market decide, if “clean” coal can win then it wins.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by tonetheman on Saturday October 17, 2020 @08:41AM (#24809540)
Ha be really clear dude in this case, in this article it is not both sides. It is solidly the current administration and no one else. Our current party in power has done this.

So to retype what you said more correctly. "I wish the Republicans would realize they are destroying..."

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by wwwwwwwww on Saturday October 17, 2020 @08:50AM (#24809579)
Nobody is destroying anything.

This sounds more like institutional interests being defended by those who work in the institution that is forced to be more efficient. Many will complain, and scream exaggerated warnings. But in the end, it will help to make things better.

Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by Retric on Saturday October 17, 2020 @09:10AM (#24809699)
Ending things early without warning isn’t being more efficient, it’s simply not finishing the job.
Re:The 2020 census is being ‘sabotaged,’ says leading U.S. s... by jimktrains2 on Saturday October 17, 2020 @09:46AM (#24809926)
What's being cut short isn't waste but the number of times that a non-responsive house can be visited. It's not some grand excise of waste, it's saying that the administration doesn't want to follow the procedures layout out by the census department to get an accurate count given previous data.