Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
11 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Can states being denied help like NY, MI, WA sue the Fed government? (Original Post) Takket Mar 2020 OP
14th amendment - equal protection rampartc Mar 2020 #1
The scotus invoked it quickly enough to stop the vote counting in Fla. in 2000. Walleye Mar 2020 #6
right. go ahead and count on that! rampartc Mar 2020 #8
I'm counting on the republican SCOTUS not doing it! Walleye Mar 2020 #9
i'm counting on them drooling whenever trump rings the bell. rampartc Mar 2020 #10
Yup. Walleye Mar 2020 #11
5th Amendment may be more pertinent. Aquaria Mar 2020 #7
I'm not a lawyer, but I certainly fucking hope so, whathehell Mar 2020 #2
HE's Having Pence talk to them jimfields33 Mar 2020 #3
oh i hope there will be LOTS of Congressional investigations! samnsara Mar 2020 #4
That we have come to this is shocking ... jimlup Mar 2020 #5
 

Aquaria

(1,076 posts)
7. 5th Amendment may be more pertinent.
Sat Mar 28, 2020, 08:43 AM
Mar 2020

There’s 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 can’t 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 doesn’t like isn’t 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 can’t deny Florida those funds while giving them to Maine. That’s 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,
Sat Mar 28, 2020, 08:12 AM
Mar 2020

I'd rather see him charged criminally, but being sued is the very smallest price he should pay.

jimlup

(7,968 posts)
5. That we have come to this is shocking ...
Sat Mar 28, 2020, 08:37 AM
Mar 2020

Fucking tRump is going to deny blue states aide because he doesn't like them? Fuck that orange monster.

Latest Discussions»General Discussion»Can states being denied h...