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    Quote Originally Posted by CaboChris View Post
    Not in this country ever, unfortunately. Server empathy (single mom trying to make it blah blah) and their cultist supporters will ensure that.

    Pro tipper patrons are one the most militant groups of people out there. They're really mean about it. This is their FAVORITE line

    "If can't afford to tip, don't go out to eat." That one boils my blood.
    Because of that, I go where I know those people don’t work.


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    Quote Originally Posted by CaboChris View Post
    Not in this country ever, unfortunately. Server empathy (single mom trying to make it blah blah) and their cultist supporters will ensure that.

    Pro tipper patrons are one the most militant groups of people out there. They're really mean about it. This is their FAVORITE line

    "If can't afford to tip, don't go out to eat." That one boils my blood.
    Yes, but in a lot of states the state considers tips to be wages for calculating minimum wage. So instead of a $7.25 minimum wage, its $2.13, and if the server doesn't make enough in tips to get up to the federal minimum wage, the employer has to kick in up to the federal minimum wage. So in many situations serving is not a cash bonanza. The state as basically calculated tips out of their minimum wage.

    Again, I am not "pro-tipping." I tip 18% or so at a restaurant, though we don't eat out much. and I tip 20% or more (at least $5 tip minimum sometime means a 40% tip on a small order) for Door Dash, etc. But I ultimately don't think it should be that way and those people should just make a wage and charge more for delivery.

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    Quote Originally Posted by lovemachine97(Version 2) View Post
    Yes, but in a lot of states the state considers tips to be wages for calculating minimum wage. So instead of a $7.25 minimum wage, its $2.13, and if the server doesn't make enough in tips to get up to the federal minimum wage, the employer has to kick in up to the federal minimum wage. So in many situations serving is not a cash bonanza. The state as basically calculated tips out of their minimum wage.

    Again, I am not "pro-tipping." I tip 18% or so at a restaurant, though we don't eat out much. and I tip 20% or more (at least $5 tip minimum sometime means a 40% tip on a small order) for Door Dash, etc. But I ultimately don't think it should be that way and those people should just make a wage and charge more for delivery.
    You tip door dash more than a waiter?

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    Quote Originally Posted by It's Mike View Post
    You tip door dash more than a waiter?

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    Uh, perhaps? They're getting in their car using their gas to go pick up your food.

    Does a waiter do that?

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    Quote Originally Posted by CaboChris View Post
    Uh, perhaps? They're getting in their car using their gas to go pick up your food.

    Does a waiter do that?
    You have 60+ minutes of interaction with a waiter. Doordash literally drops food at your door and bails. If he gets 20%, shouldn't the Amazon delivery guy?

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    Quote Originally Posted by It's Mike View Post
    You have 60+ minutes of interaction with a waiter. Doordash literally drops food at your door and bails. If he gets 20%, shouldn't the Amazon delivery guy?

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    It's about perspective, I guess. The Amazon guy gets his cut through my prime membership dues. You're confusing on this issue.

    First, you say tipping is getting so out of hand that you see it going away. Then you're Mr. Pro Tipper when in Rome guy.

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    I know a lot of waiters are full of shit bullshit artists, too. Their whole purpose is NOT your comfort/service. It's to get you know what. Don't act like the tip isn't the most important thing.

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    Quote Originally Posted by CaboChris View Post
    It's about perspective, I guess. The Amazon guy gets his cut through my prime membership dues. You're confusing on this issue.

    First, you say tipping is getting so out of hand that you see it going away. Then you're Mr. Pro Tipper when in Rome guy.
    You confuse me. You notoriously don't tip in restaurants where tipping is customary and now think the delivery man deserves a tip more than a waiter, which is insanely unusual.

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    Quote Originally Posted by It's Mike View Post
    You confuse me. You notoriously don't tip in restaurants where tipping is customary and now think the delivery man deserves a tip more than a waiter, which is insanely unusual.

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    I dont know where you're getting that I notoriously don't tip in restaurants. I've NEVER said that. I once tipped 20 bucks on an 8 dollar breakfast. I tip out of societal "you cheap bastard pos taking money out of babies mouths asshole" compulsion. That doesn't mean I don't think it isn't THE most bullshit thing the service industry has ever invented.

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    What happened to 10 percent being a fair tip?

    My pet peeve in eating out is how long it sometimes takes to final the bill, so when I get it I'm irritated.ha
    Dealing with it.

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    Quote Originally Posted by rchop84 View Post
    What happened to 10 percent being a fair tip?
    No dude. That's considered cheap bastard. Can't even do 15 anymore. That's the son of cheap bastard. It's like a monster movie. 25 and up. Get with the program.

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    Quote Originally Posted by CaboChris View Post
    No dude. That's considered cheap bastard. Can't even do 15 anymore. That's the son of cheap bastard. It's like a monster movie. 25 and up. Get with the program.
    Then a rule of thumb was double the sales tax, so that's 16.5 percent..but not the minimum of 18.
    I agree with Mr Pink in Resevoir Dogs
    Dealing with it.

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    I have a story. Some coworkers and I went to a Buffalo Wings. One guy is 66 year old Filipino man. Heavy accent, although been in States many years. Beautiful soul. He wants to buy us all a round of beers before he leaves. The bill is on the table. Dude goes to the bathroom before he leaves. Another co-worker who was an ex bartender (pro tipping, of course) sees that the Filipino didn't leave a tip. He writes in a tip because he is embarrassed. I was incredulous. I told him you dont mess with somebody's money without their consent. Of course, the older gentleman didn't check the bill. Paid and went on his way. This is the mentality I'm talking about

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    Quote Originally Posted by CaboChris View Post
    I dont know where you're getting that I notoriously don't tip in restaurants. I've NEVER said that. I once tipped 20 bucks on an 8 dollar breakfast. I tip out of societal "you cheap bastard pos taking money out of babies mouths asshole" compulsion. That doesn't mean I don't think it isn't THE most bullshit thing the service industry has ever invented.
    My bad.

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    Supreme Court Holds 6–3 That Certain Visa Decisions Cannot Be Challenged

    6/21/2024




    The Supreme Court on June 21 denied an appeal aimed at allowing U.S. citizens, whose spouses were denied immigrant visas, an opportunity to challenge those denials in court.

    The 6–3 decision, which held that a U.S. citizen does not have a legal right to bring her foreign citizen spouse to the country, was written by Justice Amy Coney Barrett. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented.
    The ruling was handed down days after President Joe Biden unveiled a new policy that allows immigrant spouses of American citizens to apply for permanent resident status without leaving the United States.

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    “The steps I’m taking today are overwhelmingly supported by the American people, no matter what the other team says,” the president said in an apparent reference to Republicans critical of his immigration policies.

    “The reason is simple: It embraces the American principle that we should keep families together,” President Biden said on June 18.

    In the case, Department of State v. Munoz, the Court upheld the doctrine of “consular nonreviewability,” which is the legal principle that a U.S. consular official’s decision to refuse a visa to a foreigner is not subject to judicial review.

    At the same time, the court found that a U.S. citizen “does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.”

    A liberty interest consists of an individual’s right to do or not do anything, as one wishes. The liberty interest is based on due process rights. Laws may curb an individual’s liberty interest but only to advance narrow, compelling governmental interests.

    Immigration restrictionists had worried that the Court might limit the doctrine, which they say would harm the immigration system and cripple its ability to process applications. Those who favor expanded immigration have said relaxing it would respect constitutional rights and the institution of marriage.

    The case at hand goes back to 2005 when Luis Asencio-Cordero, a Salvadoran citizen, first arrived in the United States. U.S. citizen Sandra Munoz married him in 2010, and together, they had a child who is a U.S. citizen. Mr. Asencio-Cordero was in the United States illegally.

    Ms. Munoz sponsored her husband for a U.S. immigration visa. In 2015, he returned to his native El Salvador to obtain the visa. At the initial interview abroad, he was subjected to a body search.

    The officials photographed his tattoos and asked why he got them. They found a tattoo of comedy and tragedy theater masks, one of a pair of dice, and one of three ace cards. Other tattoos depicted the Virgin of Guadalupe, Sigmund Freud, and a tribal design featuring a paw print.

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    Officials asked Mr. Asencio-Cordero about his criminal record. He said he was arrested once when he got into a fight with a friend. They were held in jail for three days and released with no charges being filed.

    After a significant delay, officials ruled that Mr. Asencio-Cordero could not be issued a visa because he was deemed criminally inadmissible to the United States.

    Because of national security concerns, officials at the time didn’t elaborate other than to cite a passage in the Immigration and Nationality Act, which states, “Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in ... any other unlawful activity” was inadmissible.

    The government argued that because of the doctrine of consular nonreviewability, the visa denial could not be challenged in court.

    Ms. Munoz sued. Three years after the visa denial, she learned during the discovery process in federal district court that her husband was deemed to be inadmissible to the United States because the government believed he was a member of the MS-13 criminal organization. The husband denied having any gang affiliation.

    The consular official reached this conclusion based on “the in-person interview, a criminal review of Mr. Asencio-Cordero, and a review of [his] tattoo,” according to the government. U.S. Department of State documents also described “the basis for the consular officer’s belief that Asencio-Cordero was a member of MS-13.”

    The federal district court ruled in favor of the government in March 2021 and noted the consular officer’s finding that Mr. Asencio-Cordero was a member of MS-13.

    As the denial was based on “a facially legitimate and bona fide reason, the court ruled that consular nonreviewability precludes respondents’ challenges to the Department’s decision,” the government said.

    A divided panel of the U.S. Court of Appeals for the 9th Circuit vacated the district court’s ruling and remanded the case to the lower court for reconsideration. The 9th Circuit did not reject consular nonreviewability but held that, based on the facts of the case, the application of the doctrine violated the Due Process Clause of the U.S. Constitution.

    In the new majority opinion, Justice Barrett wrote that Ms. Munoz invoked a “fundamental right of marriage,” yet no consular official denied that she had a fundamental right to marry.

    “It is difficult to pin down the nature of the right Munoz claims,” the justice wrote.

    “Munoz claims something distinct: the right to reside with her noncitizen spouse in the United States,” which “involves more than marriage and more than spousal cohabitation—it includes the right to have her noncitizen husband enter (and remain in) the United States.”

    “This right would be in a category of one: a substantive due process right that gets only procedural due process protection,” Justice Barrett wrote.

    The court need not decide whether such a novel category exists because Ms. Munoz cannot show that the right to bring a noncitizen to the United States “is deeply rooted in this Nation’s history and tradition,” she wrote, citing previous precedent.

    Substantive due process is the principle that the Constitution’s Fifth and Fourteenth Amendments safeguard fundamental rights from government interference. Both amendments prevent the government from depriving anyone of “life, liberty, or property without due process of law.” The Fifth Amendment covers federal action, while the Fourteenth Amendment pertains to state action, according to the Legal Information Institute at Cornell Law School.

    Substantive due process protects those personal and relational rights, as distinguished from economic rights, that are not explicitly mentioned in the Constitution’s Bill of Rights and that are deeply rooted in U.S. history and tradition, as seen in the context of evolving social norms.

    Procedural due process, on the other hand, is about the procedures the government has to use in criminal and civil proceedings.

    The government has the authority to establish rules governing the admission and exclusion of noncitizens, and Ms. Munoz points “to no tradition that curbs this authority in the case of noncitizen spouses,” Justice Barrett wrote.

    Justice Sonia Sotomayor filed a dissenting opinion that was joined by Justices Elena Kagan and Ketanji Brown Jackson.

    Although “marriage is not an automatic ticket to a green card,” there is no question that “excluding a citizen’s spouse burdens her right to marriage, and that burden requires the Government to provide at least a factual basis for its decision[.]”

    Ms. Munoz enjoys “a constitutionally protected interest in her husband’s visa application because its denial burdened her right to marriage.”

    But once her husband left the United States for his consular interview abroad, “their marriage ceased to matter. Suddenly the Government owed her no explanation at all,” Justice Sotomayor wrote.

    “The constitutional right to marriage is not so flimsy. The Government cannot banish a U.S. citizen’s spouse and give only a bare statutory citation as an excuse,” she added.

    Christopher Hajec, director of litigation at the Immigration Reform Law Institute (IRLI), who previously said that a contrary decision could imperil the nation’s immigration system, told The Epoch Times the Supreme Court did the right thing.

    “The country is entitled to decide whether people who might be threats to public safety may be excluded. There is nothing in the Constitution that limits that right, including the fact that such a person is married to a U.S. citizen,” said Mr. Hajec, who co-wrote the group’s friend-of-the-court brief in the case.

    “The Court applied the law and the Constitution correctly and did not read the Constitution to limit U.S. sovereignty,” he said.

    The American Civil Liberties Union (ACLU), which also a filed friend-of-the-court brief in the case, criticized the new ruling.

    Story continues below advertisement
    “The Supreme Court says a U.S. citizen has no protected interest in living with her noncitizen spouse in her own country,” ACLU senior staff attorney Daniel Galindo said in a statement.

    “We strongly disagree. At a minimum, she should be entitled to a fair process,” he said.


    https://www.theepochtimes.com/us/sup...lenged-5669724
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