this post was submitted on 27 Apr 2024
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[–] ME5SENGER_24@lemmy.world 91 points 6 months ago (7 children)

Does this fucker not get it? State laws don’t supersede federal laws.

A link for Ronnie Meatball’s education

[–] grue@lemmy.world 48 points 6 months ago

He gets it all too well. He's trying to provoke a nullification crisis and start Civil War 2: fascist boogaloo.

[–] shalafi@lemmy.world 36 points 6 months ago (2 children)

Of course he gets it. DeSantis is an intelligent man and lawyer. Here's the thing; He cannot lose with this stance. It's a no-brainer.

He gets to appeal to GOP voters up front and hits 'em again when he's shot down. "Damned woke mind virus Democrat communist haters and legislating-from-the-bench liberal judges! Keep voting for me and we'll eventually win!"

[–] doc@kbin.social 9 points 6 months ago (4 children)

He's term limited as governor. Question is what he does next.

[–] DigitalTraveler42@lemmy.world 22 points 6 months ago (1 children)

Hopefully fucking croak somehow.

[–] bobs_monkey@lemm.ee 4 points 6 months ago

There's plenty of swap in Florida

[–] firebyte@lemmy.world 8 points 6 months ago

Yes, but only for one term. He is eligible again after sitting out for one term, unless of course they manage to change their Constitution.

https://ballotpedia.org/Governor_of_Florida

[–] teamevil@lemmy.world 2 points 6 months ago

Eats babies whist dressed in full drag.

I mean… if the USSC ends up ruling in June that a sitting president can, as an official act, order the assassination of a political rival… maybe he gets a visit from an officially-ordered spec ops team to “nullify his opposition”?

Who fucking knows at this point. I feel like we’re rapidly approaching the point where nobody’s even pretending that the rules even exist anymore.

[–] Viking_Hippie@lemmy.world 1 points 6 months ago

when he's shot down

That's optimistic. The leaders of the fascist GOP seem to have been given pretty much free rein by the extremely overcautious Garland DOJ.

[–] Passerby6497@lemmy.world 26 points 6 months ago (1 children)

His MO is to pass illegal/unconstitutional bills and use it to fundraise while the state has to pay to defend (and lose) their case defending it.

[–] Neato@ttrpg.network 8 points 6 months ago (1 children)

How is a governor signing a blatantly unconstitutional law or refusing to comply with a federal law not a crime? The latter at least should end up with the FBI arresting desantis.

[–] bobs_monkey@lemm.ee 8 points 6 months ago (1 children)

Is there a legal mechanism to go after him for any of this?

[–] KevonLooney@lemm.ee 6 points 6 months ago (1 children)
[–] bobs_monkey@lemm.ee 4 points 6 months ago (1 children)

Sure, but how do they go about enforcing the judgement?

[–] KevonLooney@lemm.ee 3 points 6 months ago

States are sued all the time. They usually win but lose a lot too. The court that decides in the plaintiff's favor issues the judgement and it's enforced like any other judgment.

The federal government can just start locking up the people that get in their way, judgement or no. How do you think schools in the South were desegregated? The national guard was taken over by the president and the national guard made it happen.

This isn't going to happen though, because Meatball Ron is a coward.

[–] Pacmanlives@lemmy.world 7 points 6 months ago

Eh? They will just call his bluff and say they are pulling highway and other federal funding. Just like the feds did to bump the drinking age from 18 to 21 in years past

[–] Shrank7242@lemmy.zip 4 points 6 months ago (1 children)

I don't think it's as black / white when it comes to implementation as you suggest. Let me know if you know more, but it seems from my uninformed opinion that if the state laws don't follow the federal law, state agencies don't need to enforce.

Turn state / federal law around for something a bit better to think about. Looking at cannabis legalization, many states have legalized it, though it's still illegal federally. As you state and listed in the Wikipedia article, the states choose not to have their police agencies enforce the federal law. But federal law enforcement could come in and enforce it (they just have chosen not to).

I think it's a safe assumption that will work in the same way here? Maybe the federal government will choose to enforce their law over the states here? Not sure, but just my take. Not trying to defend this, I just wanted to call out and question how state law differences from federal don't seem in practice to make much of a difference.

[–] ME5SENGER_24@lemmy.world 2 points 6 months ago

I’m also not an expert but my state legalized cannabis and my brothers and I were going to open a dispensary so I’ve got a bit of knowledge on that particular area.

When it comes to cannabis retail businesses, they must remain in jurisdictions where cannabis is legal. The cannabis that a business sells must be grown, sold, used, and taxed within state lines — without using any federal land or means of commerce. This prevents cannabis businesses from using banks (which are federally regulated), deducting business expenses on their federal income taxes (which other businesses are allowed to do), and preventing farmers from using water from federally managed resources. I’m sure there’s plenty more the federal government can do to tighten its grip around the cannabis industry, but there’s a lot of activity on the federal level surrounding cannabis legalization.

Now when it comes to a situation like we’re discussing in this thread, Florida may choose to act their own way but federal funding and other things the state enjoys could be at risk. Additionally let’s say things get violent because of DickSantis well then I will look to this US law:

Title I of the Civil Rights Act of 1968, and its rider thr Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act