The plaintiffs’ arguments in Moore v. United States have little basis in law — unless you think that a list of long-ago-discarded laissez-faire decisions from the early 20th century remain good law. And a decision favoring these plaintiffs could blow a huge hole in the federal budget. While no Warren-style wealth tax is on the books, the Moore plaintiffs do challenge an existing tax that is expected to raise $340 billion over the course of a decade.

But Republicans also hold six seats on the nation’s highest Court, so there is some risk that a majority of the justices will accept the plaintiffs’ dubious legal arguments. And if they do so, they could do considerable damage to the government’s ability to fund itself.

  • spaceghoti@lemmy.oneOP
    link
    fedilink
    English
    arrow-up
    63
    arrow-down
    2
    ·
    11 months ago

    That’s why they’ve been stacking the courts with conservative activists for so long, so they could get a majority that would go along with these paper-thin justifications for completely changing our society from the top down.

    • Zombiepirate@lemmy.world
      link
      fedilink
      English
      arrow-up
      40
      arrow-down
      3
      ·
      11 months ago

      Well said.

      The stated goal of “originalism” is to read the Constitution without interpretation.

      Which would be bad enough, since it was written by a bunch of slavers without any input from women whatsoever.

      But in reality it is impossible to read something (especially law) without interpretation; they simply start with the desired conclusion and look for any historical justification no matter how implausible.

      • lolcatnip@reddthat.com
        link
        fedilink
        English
        arrow-up
        7
        ·
        edit-2
        11 months ago

        But in reality it is impossible to read something (especially law) without interpretation

        Some people might see that as a challenge, so I’d state it even more bluntly: reading is interpretation. Reading without interpretation is not just impossible; it’s an oxymoron.

        • SheDiceToday@eslemmy.es
          link
          fedilink
          arrow-up
          2
          ·
          11 months ago

          I would hope every single high school graduate could remember the simple pictograph of how communication works:

          • Person A has an idea -
          • Person A encodes the idea and transmits it -
          • Person B receives the transmission and decodes it -
          • Person B has the idea-
          • Reverse the process for feedback and confirmation of idea -

          That encoding bit is pretty important…