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Joined 5 months ago
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Cake day: February 15th, 2024

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  • This is a weird power grab from the court. Chevron already allows that the courts can decide what Congressional intent it. The deference to agencies only comes once they determine the law is ambiguous. In a different world, where we had expert courts full of engineers and analysts, this might even produce better results than the current system, but we do not, and Judges opining on technical fields are probably the only thing worse than engineers opining on the use of language, LOL.

    I suppose if Trump wins and guts the career professionals in the executive branch and replaces them with partisan hacks at every level, we could end up glad this ruling happened, but agencies already had to act with a certain respect for internal rules and “reasonableness”. What’s more likely is that this SCOTUS will make sure it passes the final word on every significant regulatory question that arises in the next 20 years, and somehow magically the status quo that was being abused will become the law, even when it has only the thinnest threads of non-technical justification. Or worse, everything is now up for re-litigation and nobody knows WTF anything will mean anymore.



  • This is very specifically how Oklahoma’s AG sold their case against the religious charter school.

    [Oklahoma AG Gentner Drummond] said allowing a school like St. Isidore would open the door for state-funded schools to teach other religious beliefs, such as Sharia law or Satanism.

    “While I understand that the Governor and other politicians are disappointed with this outcome, I hope that the people of Oklahoma can rejoice that they will not be compelled to fund radical religious schools that violate their faith,” Drummond said.


  • I wish the Dems had felt more confident in 2020, or that Kamala Harris had proven to be a more vibrant personality able to take the reins in 2024. I wish the Overton window in the US were farther to the left. But that’s not the fight in front of us; we are where we are.

    I don’t think anybody denies that Biden is in physical and a sort of general mental decline. He’s old AF. I tend to think “turning it on” just takes a lot out of him and maybe requires a couple of days of R&R which you don’t normally get as president, but I would hardly be surprised if they give him a little chemical helper sometimes. If taking a stimulant just makes you feisty and articulate and able to pop off a solid State of the Union speech then, again, that just speaks to your being old. Someone who literally doesn’t know what they’re doing will be the same idiot, but higher energy…

    You know, like Trump.




  • the lens of his that stare decisis is a poor doctrine

    I can imagine an abhorrent precedent like Dredd Scott leaving a bad taste in a young black lawyer’s mind, but it’s certainly an odd way to approach jurisprudence in a common law country, and it’s a pretty shit way to regulate a complicated body of law that relies on litigation for clarity. Combine it with a simplistic version of originalism once stare decisis is discarded, and I stand by my statement: bafflingly literal and lazy, and I’ll add arrogant. “I know best, the entire body of built up law that came before me is without value, and the decisions that real people make under their influence are gauze in the wind.” It invites constant relitigation and enables the most extreme kind of judicial activism while claiming to be above that fray.


  • I haven’t kept up with his output, but when I was studying SCOTUS cases years and years ago, his opinions, mostly dissents or concurrences back in those days, were just bafflingly literal and lazy. Shit like, “I would declare the government’s actions unconstitutional because they’re regulating cars and the word ‘car’ is not in the Constitution.”

    I can’t believe his thread of, I won’t even call it originalism, more like historical-context-free literalist textualism, has gained any traction.








  • SCOTUS keeps punting because of the politics, but pretty soon here they’re going to have to take these immigration cases on the merits. For a million very practical reasons, foreign affairs among them, immigration is a federal issue, and the states are obligated to deal with anyone that the Feds let in or decline to remove. Some of the “gotcha” bullshit technicalities in the border states (i.e. trespassing charges) might hold up, but in even this court isn’t gonna let fuckin’ IOWA, 400 miles from Canada and 800 from Mexico, explicitly take up immigration enforcement with no legal fiction that they’re doing anything else. While they are partisan in a way that’s more obvious than ever, they aren’t quite Aileen Cannon level hacks (Thomas possibly excepted, who was basically a joke as a jurist when I was in law school, unlike someone like Scalia) who can’t follow a thread of caselaw and see how it will eventually affect their pet causes.


  • I’m just an ex-Mormon agnostic atheist, and you’re absolutely right, and trying to say that the hardliners are not “Christian” is overlooking a well-established tradition of Christianity being shitty. They are perfectly within “scriptural authority” as they understand it and as their ancestors have understood it.

    On the other, there is room in the historical record and scholarship of the Bible as historical text to make a case for an evolving faith that can forge a kinder path, and I think many of the remaining protestants in Europe and “mainline” Chritian churches in America try to to this to one degree or another. Unfortunately, they are all much too content either to humor the fundies, maybe because many in their own congregations would pick that theology if forced to choose explicitly, or else they “No True Scotsman” the hard liners and count themselves done with it.

    If you are a Christian who believes that your God is kinder than he is described, then assert that confidently. Make a place in the world. Assert that your Bible is a flawed documentation of an evolving faith tradition. If you can’t do that, and most of them can’t because they fear the Southern Baptist Convention might be right, then you have to live with being conflated with those who think Iron-Age nonsense and cruelty should be the basis for a modern society.





  • Headline is probably not wrong, but it’s definitely overdramatic compared to the actual story. Everything awful MS is actually doing is there barely a millimeter under the surface, but the story is more directly about how they’re jerking AMD and Intel around.

    Still, it’s an impressively clear showcase of how much power Microsoft really has. It’s taken two companies that usually have their product cycles planned years in advance and kicked them into panic mode. Hopefully we don’t see a repeat once Microsoft finds it fit to bring Copilot+ to desktops.