Favorite team:Navy 
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Registered on:4/2/2013
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re: The least and most independent states in the US - gaetti15
:lol: Alaska is not shocking given a majority of the State is owned by Fedgov and a good chunk of the population is native and poor (so they get free healthcare, lots of welfare, etc). additionally, multiple large military bases....
Posted on O-T Lounge
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re: SCOTUS rules in favor of WV over the EPA... What does this mean for the ATF? - gaetti15
[quote]Yeah, and in terms of pistol braces, there’s no law defining them so how can the ATF enforce something that doesn’t exist?[/quote] it just depends on what regulation they used and if it matched up with it's intended purpose as Congress intended (if they were direct enough)...
Posted on Outdoor Board
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re: SCOTUS rules in favor of WV over the EPA... What does this mean for the ATF? - gaetti15
[quote]The example used in this case was EPA cited the clean air act to regulate C02 emissions C02 was not a listed pollutant under that act so the agency acted outside the scope of the law passed by Congress. Congress would need to pass legislation giving them authority to regulate C02 emissions...
Posted on Outdoor Board
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re: SCOTUS rules in favor of WV over the EPA... What does this mean for the ATF? - gaetti15
One point from Gorsuch's concurrence stands out to me about the applicability to other things: [quote] Turning from the doctrine’s function to its application, it seems to me that our cases supply a good deal of guidance about when an agency action involves a major question for which clear congr...
Posted on Outdoor Board
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re: Supreme Court Decision Day - THE FINAL DAY! Get in here, geeks! - gaetti15
[quote]Does todays ruling for WV make this a non issue now? I’m genuinely curious. [/quote] Does it fit these three things? If so, and Congress hasn't given specific regulatory authority for whatever "rule" they plan on using, then sure... [quote]First, this Court has indicated that the doctr...
Posted on Political Talk
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re: Supreme Court Decision Day - THE FINAL DAY! Get in here, geeks! - gaetti15
One point from Gorsuch's concurrence stands out to me about the applicability to other things people have mentioned: [quote]Turning from the doctrine’s function to its application, it seems to me that our cases supply a good deal of guidance about when an agency action involves a major question f...
Posted on Political Talk
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re: So, what happened to Chevron in this EPA/SCOTUS ruling? - gaetti15
essentially the major questions doctrine is hardly ever used, but this opinion plus a couple other opinions in this term have shown that this Court is essentially ignoring Chevron. in invoking the major questions doctrine, one can see that it might be used more often than it has historically ins...
Posted on Political Talk
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re: Supreme Court Decision Day - THE FINAL DAY! Get in here, geeks! - gaetti15
[quote]Chevron just ignored again... is that what's happening here? [/quote] yup. Chevron only really mentioned in Kagan's dissent :lol: Chevron is going the way of Lemon, just completely ignored to the annals of history :lol:...
Posted on Political Talk
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re: Supreme Court Decision Day - THE FINAL DAY! Get in here, geeks! - gaetti15
[quote]What's the basics of Chevron, and how could SCOTUS connect it to where it can be overturned here? Thx [/quote] if Congress is ambiguous in creating a law that an agency is supposed to follow, then as long as the agency's interpretation is "reasonable", then it's OK. Little bit more th...
Posted on Political Talk
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re: Supreme Court Decision Day - THE FINAL DAY! Get in here, geeks! - gaetti15
[quote]I think the court will side with WV as well. I did not think that the case was enough to overturn Chevron but in the last 24 hours I've started to reconsider. [/quote] I think they will just continue to ignore Chevron, which is still a win in my book. watch them not mention Chevron at...
Posted on Political Talk
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re: Gorsuch spitting mad about Oklahoma violating Cherokee sovereignty. - gaetti15
[quote]Other states have solved this issue legally. Oklahoma never did.[/quote] because half of oklahoma wasnt considered indian territory including a major metro area until mcgirt :lol:...
Posted on Political Talk
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re: Gorsuch spitting mad about Oklahoma violating Cherokee sovereignty. - gaetti15
[quote]Worcester v. Georgia overruled or ceased being the practical and fundamental basis for federal and tribal relations?[/quote] read the majority opinion...they go into it. although not formally overruled, it's been eroded to the point of meaning almost nothing. ETA: and look I get where i...
Posted on Political Talk
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re: Gorsuch spitting mad about Oklahoma violating Cherokee sovereignty. - gaetti15
[quote]better time to rely upon 100+ years of precedent[/quote] they cited precedent in their majority opinion. Worcester v georgia isnt precedent anymore. ETA: get out of here citing the Atlantic :lol:...
Posted on Political Talk
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re: Gorsuch spitting mad about Oklahoma violating Cherokee sovereignty. - gaetti15
[quote]Makes sense for the tribes to be upset about even the smallest encroachment on tribal sovereignty today. [/quote] totally. I get why the tribes would be upset, but it would be an easy fix by Congress to be more explicit. The dissent even mentions that in its opinion. Problem is nobod...
Posted on Political Talk
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re: Gorsuch spitting mad about Oklahoma violating Cherokee sovereignty. - gaetti15
[quote]I mean, tribal sovereignty has been a shifting thing since, well since the beginning. [/quote] True :lol:...
Posted on Political Talk
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re: Gorsuch spitting mad about Oklahoma violating Cherokee sovereignty. - gaetti15
if Congress just did their job and wrote more explicit laws, none of this shite would ever come up :lol: gotta love it...
Posted on Political Talk
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re: Gorsuch spitting mad about Oklahoma violating Cherokee sovereignty. - gaetti15
[quote] For too long many of these crimes went unsolved for no other reason than a flat out refusal from tribal government to allow for any outside influence in “tribal” matters.[/quote] Not only that, after the McGirt decision came down, the Feds couldn't even keep up with all the retrials that ...
Posted on Political Talk
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re: Gorsuch spitting mad about Oklahoma violating Cherokee sovereignty. - gaetti15
[quote]Reservations are literally treated as their own "nations", land granted to them by the US government.[/quote] They also are apart of the State. Government holds trust responsibilities....
Posted on Political Talk
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re: Gorsuch spitting mad about Oklahoma violating Cherokee sovereignty. - gaetti15
[quote]Oklahoma has (or will have) a blanket abortion ban. If a tribe invites an abortion provider onto their reservation to perform abortions, does the state of Oklahoma have the right to go onto the reservation and arrest the doctor? The doctor is non-native and, under Oklahoma law, is committi...
Posted on Political Talk
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re: Gorsuch spitting mad about Oklahoma violating Cherokee sovereignty. - gaetti15
[quote]Were they opposed to this ruling? I think the Defendant is the one who got this case up the ladder, not the tribe per se. [/quote] The tribes filed amicus briefs with the defendant trying to make sure that McGirt v Oklahoma wasn't revisited (primarily), but they generally did support excl...
Posted on Political Talk
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