Supreme Court Subtweets Ron DeSantis That He's Totally Losing To Disney
By: Joe Patrice (Above the Law)
Supreme Court reminds federal judges that Disney's right about the Contracts Clause.
By Joe PatriceonJune 27, 2023 at 3:32 PMJune 27, 2023 at 2:52 PM
(Photo by Ronda Churchill/Getty Images)
Ron DeSantis may have secured a more politically favorable judge despite his legal team's bumbling, but that might not be enough to salvage the Florida governor's ongoing war with Disney after the Supreme Court buried a gem in this morning's Moore v. Harper ruling.
To recap, DeSantis decided to bolster his doomed presidential bid by launching a culture war against Disney over its pro-vaccine and anti-bigotry stances. He considered blowing up the company's special tax district, but that blew up in his face instead. Then he replaced the district's board with his people, but they never bothered to object as the prior board entered publicly noticed, legally binding agreements that stripped the board of power. He rammed through a law voiding those agreements — managing to moot his own board's rights in the process because his lawyers are wildly bad at this — prompting Disney to file a federal suit.
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In addition to a compelling First Amendment argument, Disney pointed out that the U.S. Constitution explicitly prohibits state governments from voiding contracts. It's a provision that the courts haven't invoked in a long time. Mark Joseph Stern at Slate even warned that we shouldn't be reminding the Supreme Court that this clause even exists (though I disagree).
As the Court rejected the independent state legislature theory it noted that there are other places in the Constitution where the federal courts have the authority to ding state legislatures, citing — oh, let's just pick one clause at random — the Contracts Clause:
A similar principle applies with respect to the Contracts Clause, which provides that "[n]o state shall… pass any… Law impairing the Obligation of Contracts." Art. I, §10, cl. 1. In that context "we accord respectful consideration and great weight to the views of the State's highest court." Indiana ex rel. Anderson v. Brand, 303 U. S. 95, 100 (1938). Still, "in order that the constitutional mandate may not be- come a dead letter, we are bound to decide for ourselves whether a contract was made." Ibid.; see also General Motors Corp. v. Romein, 503 U. S. 181, 187 (1992).
That’s John Roberts letting the new judge — and failing that the Eleventh Circuit — know that Disney’s theory of the case may have been out of sight for a while, but it’s no longer out of mind.
Courts, Disney, Ron DeSantis, Supreme Court
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DeSantis has not had a good last two weeks in legal decisions.
Ron DeSantis is having himself a very bad no good terrible awful really wretched time of it...
Actually quite the opposite. DeSantis signed into law over 200 bills passed by the Florida legislature this season. Out of that, a very small percentage has been challenged in court, and of that, and even smaller number has been overturned...but are being appealed...and will probably give DeSantis a win on most.
I'm sure Florida women look forward to having these transgender men in their ladies room, and there will be absolutely nothing Florida women will be able to do about it or complain about since this is what the State of Florida wanted.
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Human right are universal. They do not and cannot vary from state to state...
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They are genuine trans men which you could easily look up if you wanted to, but instead you chose to be obtuse. So, since they really are trans men, what are you going to do if one of them walks in the ladies room. By the looks of them, you won't do shit (no pun intended), and yes, you are looking at a "show me your papers" moment just to relieve oneself in a restroom, but again, this is what you people want, and this will be the unintended consequences of your actions. Now, you'll just have to put up with trans men in ladies rooms without recourse. As for moving, nah...they'll stay where they are and use the ladies rooms while you guys still bitch and moan about the unintended consequence of your own action.
Don't go peeking under stalls and you won't have any problems.
And let's not forget the women that will be showing up in men's rooms. I think that might be a bit more concerning especially when the women start sizing up the equipment in the room
Elliot Page comes to mind
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For the second time, they ARE trans men, and it would be illegal for them to use the men's room. You'll just have to put up with them in ladies rooms since it's exactly what you people want. There are many instances of cis men attacking women in ladies rooms. There are also instances of women attacking women in ladies rooms. It's already illegal to attack someone, so now you'll reap what you sow. I hope all trans men use ladies rooms just to show you all the consequences of your own actions, and there will be nothing you people can do about it since this is what you all wanted.
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Good point. Of course you are lilkely NOT going to get a comment on it from the conservatives who like to ignore what they can not 'surmount.' Also, here is Jazz Jennings, and yes she has completed penis to vagina bottom surgery !
Should we weird boys and men out with HER going in and showering with the boys/men of this country?
Good point!
I love Jazz. I watch her show and learned so much from her.
Frankly, I have not seen her shows or professional side. Her name and face 'popped' out of a search for trans-females on DuckDuckGo. Still, your comment is spot on! I will try to see at least one 'episode' of some of her work.
Boys and men would be outdone to have her hanging out in her birth gender! Of course, I am being silly, because when one goes through as much trouble/pain/mental anguish/action as Jazz has done, she wants to be treated properly and not as something discounted.
Then she has every right to use the women's restroom
wussolini junior sure is blowing thru the taxpayer's cash to posture himself as the next great white hope.... .... er, dope.
$1290 an hour to the two law firms suing Disney and the Mouse is handing them there ass.
I'm sure you've heard DeSantis' latest Disney defense...
I'm waiting on the decision for this motion.
Wow...Floridians need to oust this guy
I've seen that and IMO it's another smoke screen thrown up by DeSantis/Florida.
It would be interesting to see who the many litigants are since in all the recent cases it wasn't part of any decision.
Ousting him would be nice but more importantly would be that he never becomes president of the US.
DeSantis and Ivey are on record talking shit about Disney so one could assume the court could rule against removing them from the case based on that. The motion on dismissing the case because the court doesn't have jurisdiction is just hilarious.
IMO, it's nothing more than a "Hail Mary'' on DeSantis part.
Disney's response today was saying DeSantis's lawyers are ignoring precedent and DeSantis himself is a vocal prick shit stirrer who should be held accountable. I also see today DeSantis' lawyers are asking for discovery to start AFTER the 2024 election. Not confident that will stick either.
That is not a surprise, but it was DeSantis that started the nonsense lawsuit and now that he is running for president and the Mouse seems to be winning most of the pre trial points it's...WHOA, I didn't think that they would fight back.
Nor was his recent speech saying he'd kill the IRS and adopt a flat tax. The surprise would be on the middle class conservatives having to either eat the double digit percentage increase in taxation OR the trillions it would add to the deficit, just to stick it to the liberals. This guy's campaign will go nowhere outside the base. He might as well give it up and apologize to Disney and stop trying to clown his way through his Governorship.
Not gonna happen. He won by 20 points over the idiot Crist.
Floridians that voted for him approve of what he is doing.
IMO that's just a campaign promise that would never be kept. Only way that would pass would be for the Republicans to win both the House and a super majority in the Senate and have those seats filled with only Republicans who would back such an idea. Don't know if you would find enough Republicans to vote for such a regressive tax TBH.
What? I thought he never mentioned policy ever?
He did yesterday.
Of course, but the base seems to love this shit.
It sounds like some version of it should work in principle, but every time it's been tried it failed.
He also said he would get rid of the Department of Energy. I wonder if he has any idea of when is contained in the Department of Energy?
You know he doesn't if he wants to get rid of it. I doubt if he's ever heard of the Nuclear Regulatory Commission
It sounds 'woke'.
Definatly sounds 'woke' so DeSantis will have to bring it to Florida to die.
DeSantis has always wanted to suck all the energy out of the room. I thought Uncle Joe was boring. This guy could put coked out '80s movie execs to sleep.
I don't think I want to see nuclear reactors "dying"
Not at all.
The U.S. Government Hides Some Of Its Darkest Secrets At The Department Of Energy
interesting read
I bet some here think the DOE only regulates oil
Wasn't there a Texan who wanted to get rid of the Department of Energy? 😀
That would have been Rick Perry not only wanted to get rid of it but didn't have any idea of their mission.
He wanted to eliminate four cabinet departments, but could only remember three.....
too much hair spray rattled his brain
I have a friend who was a nuke tec in the Navy and worked several civilian reactors around the country and was part of the clean-up crew at Three Mile Island. He's got a lot of very interesting stories. Oy...
Credit: Miss Molly, Romper Room, Magic Mirror, 1984 .
And, in my magic mirror today, I see former president Donald Trump administration's officials: former Education Secretary Betsy Devos, former Commerce Secretary Wilbur Ross, former Treasury Secretary Steven Mnuchin, and (who could forget, Mr. "Oops") former Energy Secretary Rick Perry! They all failed to eradicate their departments once they got in position to do so. One could wonder why not!
Romper Stomper Bomper Boo!
Red states do not have a financial 'deathwish.' Federal funding is a big deal to states that like to keep their own stateside taxes low. Just imagine how much each of these states would have to pony up to help its citizens if all the 'well-being' of their citizens were on each state alone. (Red states would show a significant rise in local taxation!) These states talk a good game, but those so-called, "Acts of God" dynamically occur all through out any given year. Which state or states by itself could fund the level of emergencies guaranteed to arrive?!
I'll bet he does. Did he work on Church Rock?
No, he pretty much worked as a safety inspector when he was involved in Three Mile Island and he worked inside the reactors. Church Rock was a spill so different cleanup and issues. A very smart guy, he built some early computer programming and database work to aid him and enjoyed it so much that by 90 he was full time into IT. I met him as a DBA later on. He lives near me and we still meet up for dinners and the like.
Like that moron Rick Perry.
Sadly, Church Rock is still a ''Super Fund'' site and it will be years before it is finally cleaned up if at all and it happened over 40 years ago.
I'm sure that he has some ''interesting'' stories to tell.
It serves, DeSantis "The Wolf" right to have his meal politically blow up in his belly! It's what should happen to those people who think they can invent rule of law without understanding how it properly and comprehensively operates itself!
Yes, a lot of it is blowing up in his face/belly.
HA!
I wish I could trust this Supreme Court to actually follow the law....
There certainly is a feeling of no trust in the court currently and I keep seeing some posters here on NT that ''progressives'' are trying to undermine the court. I just saw a poll a few days ago that indicated that 40% of Republicans have no trust in the court, so it seems to be a feeling crossing all political stripes.
Nonetheless, the last few decisions by SCOTUS have been surprising in that a conservative court would render them.
If this case makes its way to SCOTUS and they hear it I hope that they stick with the law and precedent in the ''commerce clause''.
Today they eliminated affirmative action.
And they extended religious protection at work
Seems fitting for the court. /s
And you find something wrong with that?
In the long run, De Santis will win. He really doesn't need to worry about Florida.
When the religious whackos start proselytizing at my work place they are gonna have a problem. I go to work to earn a living not listen to sermons 9 hours a day
Yes, I do.
Thanks for your opinion, I know polls are volatile but he is behind Trump by close to 30 points in a nationwide poll and he sure as hell better worry about Florida and its 30 electoral votes.
In the latest poll in Florida it's Trump 53% DeSantis 33%.
Thank God for today's Supreme Court.
I know religion needs all the protection it can get, especially the RCC, remember we are a Christian country.
I thought you weren't religious?
Did someone seed an article on that?
What is going to happen is no one will want to hire religious people and start to think of them as being a burden.
Only if religious people start making PITAs of themselves. I work with some very fine people who are Christians and they show how Christian they are every day but nobody's asking me if I have a "church home".
I have no problem with displays in cubicles, but when the displays are where our clients can see them which means I can see them, then I have a problem. But I don't dare complain about it. Not in the Bible Belt I don;t
Not that I'm aware of, Ender.
Good point.
I put a tiny 4" USB LED Christmas tree somewhere in my office every season. I'm an athiest but it makes people smile so why not...
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I don't read too much into polling this early in the campaign, TBH the only polling I really trust is the one taken on election day. But as I remember, when Trump first announced his candidacy back in 2015 his polling was very low and I believe Jeb Bush was the favored. And back when Obama was running for his first term, around this time before the election he was trailing HRC by double-digits in polling. IMO it's way too early to put much stock in polling.
Won't prevent the die-hard partisans however...
I say the Church of Satanist's Baphomet should be allowed at work sites too!
I am a Christian, but I do not agree that this country should or gets to cater to one religion more than any other in public and work spaces.
that's a temporary inconvenience for the xtian nationalists, just like other religious radicals...
No, it won't.
Bring on and out Baphomet!
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he's a shoe in, er, I mean a boot with 2 inch heels...
Great boots Nancy.
Boots...Keep Walkin'....
I like Christmas trees
... as long as they're not infested with bugs.
From the looks of it, he needs at least 2 inches added to the heels.
he needs to carry an old milk crate around to stand on...
Sadly, Church Rock is still a ''Super Fund'' site and it will be years before it is finally cleaned up if at all and it happened over 40 years ago.
I'm sure that he has some ''interesting'' stories to tell.
most of the gold and silver mines west of the metro area in the mountains are super fund sites, as well as rocky flats in the radioactive area between denver and boulder.
DeSantis headlines just from today
"The DeSanctimonious campaign is DEAD!" Trump wrote. "His polls are dropping like a rock heading to Hell."
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DeSantis signs bill to study using radioactive waste in Florida roads
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DeSantis donor gets $92 million windfall from Florida? Is he draining the swamp or mired in it?
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Gov. Ron DeSantis on Thursday signed a bill that will lead to state law overriding local regulations involving landlords and tenants.
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Ron DeSantis faces one setback after another in battle against LGBTQ rights Nearly all of the Florida governor’s recent initiatives have been put on hold in the courts.
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Florida's governor isn't offering reasons for his recent vetoes of bipartisan bills. It's prompted some to suggest that his 2024 campaign is getting in the way of good policy for Floridians.
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Chris Christie goes after Ron DeSantis for dodging Jan. 6 question: 'Was he alive that day?'
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I dont think the kid is going to make it.
He is stuck on ''culture wars'' which might sell well in the Republican primary but not in the general election.
if trump doesn't go to jail, he's finished...
wussolini's finished...
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Honestly, for being a lawyer, he sucks at being a lawyer.
that's why he was a military lawyer...
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