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View Diary: What a ScAlito Court Would Mean to Me (219 comments)

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  •  mmmbeer (none)
    You may be sorree...

    Armando is a lawyer. A constitutional lawyer, if I remember correctly. And I've noticed his titanic past clashes with mcjoan.

    But one thing I have never known him to do is take kindly to people making peremptory demands of him.

    Sooo... a friendly warning: if he responds, you may want to duck.

    Folly is fractal: the closer you look at it, the more of it there is. - TNH

    by Canadian Reader on Thu Nov 03, 2005 at 06:49:01 PM PST

    [ Parent ]

    •  I fear for his clients... (2.66)
      If his legal analysis follows the reasoning in these threads, then I fear for any of his clients.

      I mean, finding the FMLA unconstitutional is not the same as saying Congress didn't not make a sufficient showing to abrogate state sovereign immunity to allow employees to sue the state. The first means that there would not be the FMLA.  The second means that FMLA still exists and is enforceable.

      A closer analysis might be to say that Alito found Congress' unconstitutionally abrogated SSI.  That's hardly fatal to FMLA, though.  We do have a Federalist government with rights accorded to the states on purpose.  We also have an 11th amendment providing for SSI.  

      If you don't like that part, you can always change it. Or you persuade the supreme court to change it.  Alito and the other districts really didn't have the authority.

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