| JREF Homepage | Swift Blog | Events Calendar | $1 Million Paranormal Challenge | The Amaz!ng Meeting | Useful Links | Support Us |
![]() |
|
|
|
|||||||
| Notices |
| Welcome to the JREF Forum, where we discuss skepticism, critical thinking, the paranormal and science in a friendly but lively way. You are currently viewing the forum as a guest, which means you are missing out on discussing matters that are of interest to you. Please consider registering so you can gain full use of the forum features and interact with other Members. Registration is simple, fast and free! Click here to register today. |
|
|
#121 |
|
Guest
Join Date: Sep 2009
Posts: 11,853
|
|
|
|
|
|
#122 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
|
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#123 |
|
Guest
Join Date: Sep 2009
Posts: 11,853
|
|
|
|
|
|
#124 |
|
Species traitor
Join Date: Apr 2004
Posts: 1,061
|
He's not looking for evidence of wrongdoing. He's looking for support in case law for the Texas law that (I guess?) prohibits public funding of anything that promotes abortion, and he's citing that case because it's relevant to the state's argument. He's defending the constitutionality of the law, not charging Planned Parenthood under it. This is just a legal exercise, while the law itself is a vivid reminder of why I don't live in Texas.
|
|
|
|
|
#125 |
|
Master Poster
Join Date: Jan 2006
Location: Berkeley, CA
Posts: 2,631
|
No. He didn't cite a "brief," he cited a decision by the United States Supreme Court on a relevant legal issue. That's an enormously important distinction. Briefs are irrelevant and, absent a few unusual circumstances, you'd almost never cite a brief from one case in a brief in another case. Decisions by the Supreme Court, on the other hand, are the single most authoritative source of common law in the United States. Often they're directly binding, even on state courts in federal constitutional or statutory matters, and even when they aren't binding they're enormously influential. And a given decision by the Supreme Court-- HLP being no exception-- deals with discrete legal issues that bear only a tangential relationship to the parties in the case. When the Court's exposition of a legal principle is analogous to an issue raised in a subsequent case, it's both appropriate and common practice to cite the Court's earlier decision. No one cares who the parties in that earlier decision were, and certainly no one interprets a citation to an earlier case to be drawing a moral equivalence between the parties in that case and the current case. That just isn't the way it works.
|
|
__________________
"To read the bible without horror, we must undo every thing that is tender, sympathising, and benevolent in the heart of man." --Thomas Paine, The Age of Reason |
|
|
|
|
|
#126 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
It's my opinion that it is not applicable. Abortion is legal. There are strict guidelines for using public funds. Planned Parenthood follows those laws. From what I understand, terrorism is an illegal activity. Humanitarian organizations that sponsor or engage in terrorism are engaging in unlawful activities. If the AG believes that PP is engaging in unlawful activities then it should make that case. Otherwise there is no analogy to be made that I can see.
But, I will assume the null hypothesis for sake of argument. How is the brief applicable? |
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#127 |
|
Master Poster
Join Date: Jan 2006
Location: Berkeley, CA
Posts: 2,631
|
|
|
__________________
"To read the bible without horror, we must undo every thing that is tender, sympathising, and benevolent in the heart of man." --Thomas Paine, The Age of Reason |
|
|
|
|
|
#128 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
|
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#129 |
|
Master Poster
Join Date: Jan 2006
Location: Berkeley, CA
Posts: 2,631
|
The distinction between a brief and a Supreme Court decision is an important one, and I explained why at length. I also explained why it isn't the case that citing a Supreme Court decision implies a moral comparison between the parties. That's hardly playing "gotcha," though you conveniently avoided responding to the substance of my post.
|
|
__________________
"To read the bible without horror, we must undo every thing that is tender, sympathising, and benevolent in the heart of man." --Thomas Paine, The Age of Reason |
|
|
|
|
|
#130 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
|
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#131 |
|
Master Poster
Join Date: Jan 2006
Location: Berkeley, CA
Posts: 2,631
|
No. As I've already said, HLP doesn't base its reasoning on the illegality of terrorism but rather on the simple fact that the United States doesn't like it and doesn't want to facilitate it. Exactly the view Texas takes on abortion. The legality of the two is a legally irrelevant distinction.
|
|
__________________
"To read the bible without horror, we must undo every thing that is tender, sympathising, and benevolent in the heart of man." --Thomas Paine, The Age of Reason |
|
|
|
|
|
#132 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
|
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#133 |
|
Master Poster
Join Date: Jan 2006
Location: Berkeley, CA
Posts: 2,631
|
What? Yes, I used the word "comparison" in explaining why you're wrong to claim that there is one. Would you care to respond to my main point that lawyers and courts cite prior cases for legal analogies all the time, and that doing so in no way implies, and would not be understood to imply, a comparison between the moral status of the parties in those cases?
|
|
__________________
"To read the bible without horror, we must undo every thing that is tender, sympathising, and benevolent in the heart of man." --Thomas Paine, The Age of Reason |
|
|
|
|
|
#134 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
|
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#135 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
|
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#136 |
|
Master Poster
Join Date: Jan 2006
Location: Berkeley, CA
Posts: 2,631
|
Well, go read the case yourself if you want. The illegality of terrorism is not a salient point on which the Court's decision in HLP turns.
Quote:
|
|
__________________
"To read the bible without horror, we must undo every thing that is tender, sympathising, and benevolent in the heart of man." --Thomas Paine, The Age of Reason |
|
|
|
|
|
#137 |
|
Master Poster
Join Date: Jan 2006
Location: Berkeley, CA
Posts: 2,631
|
How is this "semantics"? Your entire argument turns on the claim that citing the HLP decision in the AG's brief somehow implied a moral comparison between PP and a terrorist organization. The fact that no legal professional reading that brief would interpret it as making such a comparison seems highly relevant to that claim.
|
|
__________________
"To read the bible without horror, we must undo every thing that is tender, sympathising, and benevolent in the heart of man." --Thomas Paine, The Age of Reason |
|
|
|
|
|
#138 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
|
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#139 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
My argument is that any comparison (analogy or otherwise) to terrorist organizations is likely to inflame.
Now, I'll grant that a Judge is very, very likely to view the citation dispassionately and therefore, from the view point of the court, the prejudicial value is not likely to be greater than any potential probative value. That is the reason I have said over and over that it could very well be innocent. That said, that the facts of this case could very well inflame public sentiment is of little doubt and therefore I find the citation grossly stupid in light of the fact it doesn't really provide any probative value. It's just a game to disrupt a legal organization performing legal activities. |
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#140 |
|
Master Poster
Join Date: Jan 2006
Location: Berkeley, CA
Posts: 2,631
|
My "assertion," if you want to call it that, is about what the Court's decision in HLP says. You can accept my characterization or you can read it yourself. Do you want me to read it to you, or what?
Quote:
|
|
__________________
"To read the bible without horror, we must undo every thing that is tender, sympathising, and benevolent in the heart of man." --Thomas Paine, The Age of Reason |
|
|
|
|
|
#141 |
|
Philosopher
Join Date: Aug 2008
Location: Deepest Darkest Indiana
Posts: 5,694
|
three more pages about fungibitliy and your analogy still holds true.
Questions for those who support defunding PP. Do you also support defunding Catholic Charities and all other faith based initiatives funding because by the same fungibility argument such would be unconstitutional? On the other side, since fungibility is ok in PP's case because federal money is not used for abortion in contravention of the law, do you now agree that funding faith based initiatives is constitutional since the federal money is used for charitable, not religious purposes? |
|
__________________
Vecini - Inconceivable! Inigo - You keep on using that word. I do not think it means what you think it means. |
|
|
|
|
|
#142 |
|
Master Poster
Join Date: Jan 2006
Location: Berkeley, CA
Posts: 2,631
|
But that's simply false. Look at the list of cases I cited earlier. Decisions get cited by court decisions and legal briefs all the time for principles that have nothing to do with the moral status of the parties. I mean, think about Miranda v. Arizona, the basis of the Miranda rights that police have to read to defendants. Miranda himself was a pretty sleazy guy, yet that case gets cited all the time, frequently to vindicate the rights of defendants who are not guilty of anything but were railroaded into confessing because the cops didn't advise them of their rights. No one would ever interpret a citation to Miranda as drawing a moral comparison between Ernesto Miranda and the defendant in a particular case. It just wouldn't enter into anyone's mind.
[quote]That said, that the facts of this case could very well inflame public sentiment is of little doubt and therefore I find the citation grossly stupid in light of the fact it doesn't really provide any probative value. Now who's arguing by assertion? What's your legal reasoning behind the claim that the citation provides no "probative value"? As I've already explained, it seems like a perfectly legitimate cite to me.
Quote:
Anyway, have to run to a meeting, will be gone for a while. |
|
__________________
"To read the bible without horror, we must undo every thing that is tender, sympathising, and benevolent in the heart of man." --Thomas Paine, The Age of Reason |
|
|
|
|
|
#143 |
|
Master Poster
Join Date: Jan 2006
Location: Berkeley, CA
Posts: 2,631
|
I don't know if you're including me in the first category, but I don't support defunding PP. I think Texas's policy decision in this case was a bad one. But I also think the AG's legal argument, including the analogy to the HLP case, is a perfectly legitimate one to make on the constitutional point.
On the other hand, I totally support defunding faith-based charities, because **** religion. But that's a policy preference, not a legal argument. I don't necessarily think there's anything unconstitutional about funding religious charities' non-religious work, but I'd have to give that some more thought before taking a position. To be clear, I don't think there's anything unconstitutional about funding or not funding PP either; Texas has the discretion to expend its public funds as it sees fit here. ETA: The more I think about it, the religious funding thing is a really good analogy. Assuming (for the sake of argument at least) that some religious charity has segregated funds for secular charitable work and religious evangelism, as well as a general fund that can be applied to either, then I would definitely not want to see public funds go to that organization's secular work because that leaves more general funds available for evangelism. There's nothing illegal about evangelism, and many people think it's a great thing to do, but I don't like it and I would prefer that public money not support it, even indirectly. That's exactly Texas's position on abortion. |
|
__________________
"To read the bible without horror, we must undo every thing that is tender, sympathising, and benevolent in the heart of man." --Thomas Paine, The Age of Reason |
|
|
|
|
|
#144 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
Arguing by assertion is fallacy. Do whatever you think is necessary to demonstrate your assertion.
Quote:
Quote:
The many women that PP serve have the right to PP's services and what the AG is doing can harm them for no good reason. |
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#145 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
False? What is false?
Quote:
Quote:
Quote:
|
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#146 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
What constitutional point is that?
Quote:
Look, let me be crystal clear here, if you could show me that PP is doing what faith based initiatives are doing, I'd say yank their funding as of last year. Make them pay some of that money back. Seriously. The fact is that there are two different standards. PP doesn't discriminate against who they hire or who they provide services to. Faith based organizations that receive public funds do. That fact alone ought to tell you something about PP. |
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#147 |
|
Guest
Join Date: Sep 2009
Posts: 11,853
|
To the extent that you now acknowledge the citation may have a valid purpose in legal argument, it now becomes relevant who brought up this "comparison", and why.
PP itself seized on the citation in the brief as though it were... well... exactly what the journalists are painting it as, and exactly what it isn't. It's manufactured outrage, which as has been shown, runs directly contrary to the fact that this particular case is cited all the time without intending to "compare" anyone to terrorists. So, PP twisted an unremarkable citation in perfectly innocent legal brief in order to play the victim. HuffPo bought it; so apparently did you. |
|
|
|
|
#148 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
It could be that PP is using this for their purposes. Do you have evidence that they released this? Please don't unreasonably use my intellectual honesty into proof of something other than my being honest. That doesn't foster honest exchange among others.
IMO: It was wrong (actually it was absurd) for the AG to cite the case. I honestly don't know (and if you are honest neither do you) how the story got out. Given the nature of the case and the political BS being pulled on PP I find the citation of the case self-serving.
|
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#149 |
|
Cowardly Lurking in the Shadows of Greatness
Join Date: Feb 2006
Location: Colorado
Posts: 3,045
|
As Abbott specifically referenced and accused PP in his appeal, how can PP be blamed for his wording?
|
|
|
|
|
#150 |
|
Guest
Join Date: Sep 2009
Posts: 11,853
|
IMO: It was perfectly appropriate for the AG to cite the case in this context. I actually can't imagine there's a SCOTUS case closer on point than that one; the case is about as perfect of a legal analogy as we could expect.
Perhaps I missed it; did you explain how all of the other citations JamesDillon brought up were somehow not inflammatory in the way this one is? |
|
|
|
|
#151 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
Given that there is no evidence that PP diverts funds to inappropriate usage the case is pointless. PP keeps accurate books and must conform to laws and subject themselves to audits.
Quote:
So long as abortion is inflammatory and so long as politicians can use that fact and then cite irrelevant court cases to further inflame public sentiment for political purpose then it's unethical, IMO, to do that. |
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#152 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
I want to go back to the faith based initiatives example to compare and contrast.
In the faith based initiatives example we have real evidence that money is being used outside of the scope of secular goals and that faith based initatives are not acting in good faith (pun not intended). In that instance, it would be appropriate to make the citation, IMO. If you could show that PP was likewise acting as these faith based organizations were I would agree with you as for the citation. But, because PP works damn hard to conform with the law, because they don't act as religions do, it is for that reason I think the AG was cynical. Can you understand that point? |
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#153 |
|
Guest
Join Date: Sep 2009
Posts: 11,853
|
I understand the point, although I don't agree.
|
|
|
|
|
#154 |
|
Philosopher
Join Date: Aug 2008
Location: Deepest Darkest Indiana
Posts: 5,694
|
Yes, every one of those quotes references acts that are intrinsically illegal (like terrorism). Nothing that PP does is intrinsically illegal. The only legal concern with the activities of PP is that it is illegal to provide public funds for abortion, not to provide an abortion.
Basically the argument in those other cases relates to funding of legal activities of organizations that also perform illegal activities (or have been charged with such). Also none of those citations reference the word 'terrorism', but the quote from the TX AG uses it, from the OP, "First Amendment does not prohibit application of federal material-support statute to individuals who give money to 'humanitarian' activities performed by terrorist organizations" are attributed to the TX AG |
|
__________________
Vecini - Inconceivable! Inigo - You keep on using that word. I do not think it means what you think it means. |
|
|
|
|
|
#155 |
|
Species traitor
Join Date: Apr 2004
Posts: 1,061
|
I would object to that (and as it happens, I did, in exactly the same terms being argued here). The reason is simple: if they were going to perform that secular work with private funds anyway, you've effectively just given them public money with no strings attached.
Having made that argument then, I'm bound to accept it now. It's going to cost Texas a lot to do it, though. They've already lost federal Medicaid funding for their women's health program. |
|
|
|
|
#156 |
|
Mormon Atheist
Join Date: Dec 2001
Location: Southern California
Posts: 53,156
|
|
|
__________________
Ego, ain't it a bitch? It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion. --Adam Smith |
|
|
|
|
|
#157 |
|
Philosopher
Join Date: Apr 2003
Location: 16 miles from 7 lakes
Posts: 8,426
|
What's being ignored, here, is that the state doesn't GIVE money to anybody--they pay for procedures and examinations, and the accompanying paperwork and admin costs (as far as I can tell, from what I read and what I know from experience).
What this is equivalent to, as far as I can see, is essentially the same as "The state prohibits reimbursement for alcoholic beverages on expense reports. Since the Mariott has a restaurant that serves alcohol, the Mariott is no longer approved for overnight stays, and no reimbursement will be made for stays or meals at that chain". |
|
__________________
"Political correctness is a doctrine,...,which holds forth the proposition that it is entirely possible to pick up a turd by the clean end." "I pointed out that his argument was wrong in every particular, but he rightfully took me to task for attacking only the weak points." Myriad http://forums.randi.org/showthread.php?postid=6853275#post6853275 |
|
|
|
|
|
#158 |
|
Philosopher
Join Date: Mar 2009
Posts: 5,490
|
|
|
__________________
"The problem with socialism is that you eventually run out of other people's money." M. Thatcher, Economics: Share The Wealth. Obamanomics: Share The Pain. ![]() Important things in life–beauty, grace, redemption, compassion, loyalty, love–are beyond the reach of reason. Which doesn’t make them any less real. |
|
|
|
|
|
#159 |
|
What was the question?
Join Date: May 2009
Location: Central Vale of Humility
Posts: 7,906
|
And yet, the TX AG didn't choose to compare withholding money from PP to withholding money from churches. Or to withholding money from any other group. He chose to compare it to withholding money from terrorists. He went out of his way to specifically use the term "terrorist" in his motion to the court, instead of merely citing a statute or case law reference. Unlike the other examples you selected for comparison. Why do you suppose that is? Surely the fine Right? |
|
|
|
|
#160 |
|
Guest
Join Date: Sep 2009
Posts: 11,853
|
He did exactly what supplicants usually to when citing a case: he included a parenthetical summary. Again, nothing unusual about that. If some idiot hadn't quoted it out of context, we never would have heard about it.
That's what's so silly about these arguments that the AG was looking to send a message: in the absence of incendiary journalism, nobody in the public would have ever seen this cite. It strains credibility to believe what you're claiming was the intent. |
|
|
![]() |
| Bookmarks |
| Thread Tools | |
|
|