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Chris La Tray's avatar

I'm so behind too. Ugh.

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elm's avatar

"I don’t think I have ever been so behind in everything I am obligated to do"

Oh, god, tell me about it. My old friend 'nagging physical injury' is slowing me down.

"how the friend who’s helping us transform it from a haven for thistles and knapweed into a place where food grows said that everyone around here has clay soil (true) but you could actually throw pots with ours."

Mine is red clay and practically mortar when it dries. The only way to dig it is to go after it with a pick axe and then shovel. Unless there's a heavy rain, and then maybe you could throw a kind of crumbly pot with it. (Also the source of my 'nagging physical injury'.)

"I have no idea whether substantive protection for liberty has long been controversial in legal circles or not, but the focus on it seems understated in conversations about this decision"

It is when you are talking about that and Jim Crow and the Federalist Society. The entire argument that segregation was constitutionally legit was based on the argument that state governments in the South need only meet formal procedural requirements, and then they could racially segregate away. That understanding went way out of fashion in the 50's and 60's and racial conservatives hated that. So they created the Federalist Society to plant lots of judges who would work to reverse that and here we are. The fighting (and the lying about it) has been constant and intense my entire life (and was obviously the same during Jim Crow). Normal Americans think that means, coarsely, that the government cannot go after you on the basis of race, as the obvious reading of what a Lincoln Republican Congress was intending to do, and Neo-Confederate Americans think that they just need to come up with a way to manage a de facto nullification the amendment because racism is awesome. 'Equal treatment' arguments are the underlying basis for pretty much all the opinions that came out of the 'rights revolution', so nuking the basis for those decisions would allow all those state governments to go back to their previous shitty laws and the shitty and oppressive behaviour they used to engage in.

elm

sorry for mansplaining

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