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Justice Department Sues to Stop California Net Neutrality Law

nytimes.com

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Re: Justice Department Sues to Stop California Net Neutrality Law

#51

Post by maym86 »

briandear wrote: post #46
doe88 wrote: post #37

Not surprised. Republicans advocate for judicial restraint only as long as it suits them.

And Democrats argue states’ rights when it suits them.

The net neutrality debate is about the repeal of fedral rules rather than adding an additional law. Thus a state's right to set their own rules applies. There is no fedral law to make ISPs behave in a certain way, just the lack of one, so the states should be able to set their own rules in cases like this as long as they are not unconstitutional.

States' rights do not apply in the opposite case when a fedral rule is made and the states don't want to enforce it or have a law that contradicts it. Their laws can't undermine the fedral law.

Hope that's helpful for your understanding of why this is different to the normal "states' rights" argument which is invoked when a state wants to avoid fedral rules.

Re: Justice Department Sues to Stop California Net Neutrality Law

#52

Post by guelo »

village-idiot wrote: post #25
ForrestN wrote: post #14

Earlier quoted context omitted.

California has been especially committed to challenging some of the administration's various injustices. Trump has made California one of his symbolic, non-white boogeymen in order to manipulate his "base." https://www.nytimes.com/2018/04/05/us/politics/trump-califor...

Not unique to Trump. California has been the boogeyman of the right for quite a while now.

But if a liberal makes a joke abut southern rednecks than they get all indignant about how elitist and offensive they are. So tiresome.

Re: Justice Department Sues to Stop California Net Neutrality Law

#53

Post by pm90 »

briandear wrote: post #46
doe88 wrote: post #37

Not surprised. Republicans advocate for judicial restraint only as long as it suits them.

And Democrats argue states’ rights when it suits them.

Democrats use state rights to protect scientifically and economically sound policies when there is an obvious bad faith actions on the part of the Federal Government.

Re: Justice Department Sues to Stop California Net Neutrality Law

#54

Post by hamandcheese »

jliptzin wrote: post #45
dragonwriter wrote: post #43

Earlier quoted context omitted.

Republicans dominated California in federal elections for most of its history until 1992; it was one of the most solid of Republican strongholds. Republicans have been trashing Hollywood and San Francisco/Berkeley for a long time, though.

It's amazing how many "conservatives" I've run into who've never been to San Francisco, but somehow "know" that it's a liberal hellhole that everyone hates.

I live there now, can confirm.

Re: Justice Department Sues to Stop California Net Neutrality Law

#55

Post by pm90 »

exabrial wrote: post #22
wolf550e wrote: post #19

Earlier quoted context omitted.

The GOP does not have an ideology. Anything you could name as a position of their ideology they will (and did) betray for either "winning" or at the behest of their corporate masters.

You left out how both... all political parties cater to special interests but otherwise accurate

> all political parties cater to special interests but otherwise accurate

Your statement is so broad as to be effectively meaningless. Sun rises in the east. So what?

The difference is that the GP is beholden completely to its corporate masters and does not hesitate in engaging in lies, false propaganda and bad faith politics to achieve its goals. All of which are corrupt and very anti-democratic.

Re: Justice Department Sues to Stop California Net Neutrality Law

#56

Post by dragonwriter »

briandear wrote: post #46
doe88 wrote: post #37

Not surprised. Republicans advocate for judicial restraint only as long as it suits them.

And Democrats argue states’ rights when it suits them.

> And Democrats argue states’ rights when it suits them.

No, they don't, and the ones that were once prone to had all become Republicans in the realignment beginning in 1964 that was largely complete by the 1990s.

Democrats might argue Constitutional limits on the power of the federal government, but “state’s rights” has been attached to a very specific ideology since before the Civil War.

Re: Justice Department Sues to Stop California Net Neutrality Law

#57

Post by jedberg »

pm90 wrote: post #53
briandear wrote: post #46

Earlier quoted context omitted.

And Democrats argue states’ rights when it suits them.

Democrats use state rights to protect scientifically and economically sound policies when there is an obvious bad faith actions on the part of the Federal Government.

That’s a bad argument to make, only because conservatives believe that their state’s rights issues also stem from scientifically and economically sound policy.

Re: Justice Department Sues to Stop California Net Neutrality Law

#59

Post by blihp »

DannyBee wrote: post #21

The interesting part of this to me is that if you read the details the FCC published about the order that was signed, https://docs.fcc.gov/public/attachments/DOC-347927A1.pdf it goes into great detail about the court cases about why the FCC has no authority to effectively regulate net neutrality unless the ISP's are classified under Title 2. (This is true, in fact, and the court cases it cites and the DC circuit have…

It really is amazing that apparently no one at the FCC played devil's advocate and asked the question: 'what is the potential downside to getting what we want?' before making rather absolute declarations re: their lack of authority to regulate this. At least as a layperson, California's move seems reasonable and within their rights given the FCC's previous moves. It will definitely be interesting to see how this plays out. Given the corner the FCC seems to have painted itself into, is it even possible that it could reverse its own position at this point (and have the courts take them seriously) or would it take an act of Congress?

Re: Justice Department Sues to Stop California Net Neutrality Law

#60

Post by [deleted] »

guelo wrote: post #52
village-idiot wrote: post #25

Earlier quoted context omitted.

Not unique to Trump. California has been the boogeyman of the right for quite a while now.

But if a liberal makes a joke abut southern rednecks than they get all indignant about how elitist and offensive they are. So tiresome.

[deleted]
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