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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan states being denied help like NY, MI, WA sue the Fed government?
In short for violating the fifth amendment? By refusing to even speak to Whitner and Inslee, drumpf is denying life to the residents of this states.
https://en.m.wikipedia.org/wiki/Due_Process_Clause
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Can states being denied help like NY, MI, WA sue the Fed government? (Original Post)
Takket
Mar 2020
OP
rampartc
(5,385 posts)1. 14th amendment - equal protection
by the time the suit reaches the supreme court we may all be dead.
Walleye
(30,977 posts)6. The scotus invoked it quickly enough to stop the vote counting in Fla. in 2000.
rampartc
(5,385 posts)8. right. go ahead and count on that!
Walleye
(30,977 posts)9. I'm counting on the republican SCOTUS not doing it!
rampartc
(5,385 posts)10. i'm counting on them drooling whenever trump rings the bell.
Aquaria
(1,076 posts)7. 5th Amendment may be more pertinent.
Theres a case to be made that the 14th applies only to states, not the federal government.
However, the Due Process clause of the 5th Amendment does apply to the federal government:
No person shall be...deprived of life, liberty, or property, without due process of law.
So the federal government cant deny citizens federal funds or assets or legal protections without reasonable cause. Being the citizen of a state with a governor that a shrieking man-baby of a POTUS doesnt like isnt a reasonable cause.
A reasonable cause would be something like denying coastal flood funds to Kansas homeowners. They have no coast, so they can be denied those funds. However, the feds cant deny Florida those funds while giving them to Maine. Thats a violation of due process.
So the Due Process clause is probably the stronger argument to make when it comes to allocating ventilators during a nationwide pandemic.
whathehell
(29,034 posts)2. I'm not a lawyer, but I certainly fucking hope so,
I'd rather see him charged criminally, but being sued is the very smallest price he should pay.
jimfields33
(15,692 posts)3. HE's Having Pence talk to them
Governor Whitmer said so herself last night.
samnsara
(17,604 posts)4. oh i hope there will be LOTS of Congressional investigations!
jimlup
(7,968 posts)5. That we have come to this is shocking ...
Fucking tRump is going to deny blue states aide because he doesn't like them? Fuck that orange monster.