Lurker123 [he/him]

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Joined 4 years ago
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Cake day: June 1st, 2022

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  • Lurker123 [he/him]@hexbear.nettoSlop.@hexbear.netLmao
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    2 months ago

    The law of the land for in state tuition is vlandis, which is an older case and doesn’t go into as much detail to positively prescribe what limits are acceptable (rather, it states an irrebuttable presumption against residency is forbidden).

    The more recent Saenz (concerning welfare benefits) and less recent Memorial Hospital (regarding healthcare) are probably more on this point here. In these cases, the court noted that welfare and emergency health services were critical to the life and wellbeing of an individual, and thus the residency restrictions in those cases infringed on the constitutional right of the claimants to free movement between the states. And thus, the states would need a compelling state interest to put on these statutes, and their reasons of avoiding fraud, safeguarding taxpayer money, etc. were insufficient.

    So there’s a higher standard set by the law with respect to state’s residency restrictions on welfare/access to emergency health as opposed to tuition (where the standard is just there cannot be an irrebuttable presumption)



  • Lurker123 [he/him]@hexbear.nettoSlop.@hexbear.netLmao
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    2 months ago

    I would think the ruling of Memorial hospital (and more recently Saenz) rather than Vlandis would apply to this sort of benefit. But it’s a good point that it could always be tested, and who knows how a court would rule (although memorial hospital and Saenz do seem very on point)


  • Lurker123 [he/him]@hexbear.nettoSlop.@hexbear.netLmao
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    2 months ago

    Well, it wouldn’t really be moving. It would be an extremely temporary relocation for a procedure (which is increasingly common in the US as our costs get absurd. Except here it would be to CA for free care instead of Mexico or Thailand or Turkey for cheaper care). Under Saenz vs Roe, it would be quite difficult for a state to stop this.

    Edit: though I suppose for something longer term, like cancer treatment, it could be properly characterized as moving.


  • Lurker123 [he/him]@hexbear.nettoSlop.@hexbear.netLmao
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    2 months ago

    In the US, there are constitutional restrictions preventing a state from denying state benefits to new “residents.” The issue this raises for a state-specific healthcare program is apparent.

    Does Canada have similar prohibitions, or are provinces generally more free to deny benefits to new residents? I’m curious how Saskatchewan dealt with this or if the underlying law was just different.


  • I was talking to a fourth grade teacher a few years ago, right as her students were coming back in person from Covid. She expressed some very alarming things to me (e.g., several students appeared to literally not learn to read or write during the COVID years. One student who was adamant that he would be “a firetruck” when he grew up, and when asked “oh you mean a fireman” he insisted, no, the truck).












  • Yeah it’s wild. It seems to me that the window dressing a “x, y, z reboot sucks because it is woke” proponent falls back to is that making it woke harms the source material in some way.

    But here, as you point out, the source material is vigilante eco terrorists.

    Worse yet - the planeteers are diverse, both ethnically/nationality and some of them are the political gender (w*men).

    So any argument that making it woke is harming the source material is immediately short circuited