Indiscreet Function

@homotopic.bsky.social

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Jew. Mostly leftist. Most people refer to me with the pronouns "he/him" and I acquiesce in this.

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Indiscreet Function

New Popular Front won because of this

I'm kind of curious what the specific mechanism was for this. I assume the quotes came from a brief--which one? Did no one review the source material? Did they just decide it was good enough notwithstanding how the context makes them pretty dubious authority?

These mistakes originalist justices are making aren’t about disputed interpretations of history, with evidence on both sides. They’re pulling quotes out of context to attribute ideas to founding figures that those figures adamantly opposed. (via @andycraig.bsky.social) reason.com/volokh/2024/...

The Supreme Court's Dubious Use of History in Department of State v. Munozreason.com Justice Amy Coney Barrett's majority opinion includes significant errors, and violates some of her own precepts against excessive reliance on questionable history.

It's true that there is a lot of unsubstantiated AI boosterism but there is also a lot of denialism of the pretty extraordinary capabilities of the latest models. AI cannot think and cannot be creative but for a range of tasks and questions it can do a decent imitation

Will Baude is critical of the Court's Trump jurisprudence www.nytimes.com/2024/07/05/o... His defense of the rest of its jurisprudence seems dubious. One q he doesn't really ask: what does the Court's willingness to ignore history and text re Trump tell us about its invocations of those elsewhere

Opinion | A Principled Supreme Court, Unnerved by Trumpwww.nytimes.com Most of the court’s decisions were principled and sound — most, but unfortunately not all.

Comparing party vote share across elections with different levels of third-party voting doesn't make sense, not least because third-party voting is related to how close the election is expected to be. No way to tell for sure the two-party-preferred vote in the UK but I bet Labour was well ahead

NYT spreading misinformation about voting: www.nytimes.com/2024/07/04/o... The ex ante probability of your vote deciding the election is not high of course but it is *definitely* not zero and given the very high stakes, it's rational to vote from a straightforward cost-benefit perspective

Opinion | Why I Don’t Votewww.nytimes.com If casting a ballot is merely expressive, then the same is true of not casting one.

Post Loper Bright, does the Biden Administration effort to include trans people under ACA and Title IX protections do any work? It just comes down to how you read the statute I think; the regulation can't add or subtract

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b-boy bouiebaisse

one thing democrats need to understand is that in this moment transparency is their ally

I think if the Court was concerned the DC Circuit decision was too broad, and felt like it needed to take cert, the right approach would have been an expedited decision that said, whatever the bounds of presidential immunity, this is outside it. Not a decision "for the ages"

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No, States Would Not Be Forced to Keep Biden on the Ballot If He’s Not the Democratic Party’s Nominee from the DNC electionlawblog.org?p=144245

No, States Would Not Be Forced to Keep Biden on the Ballot If He's Not the Democratic Party's Nominee from the DNC #ELBelectionlawblog.org I have been seeing stories like this and this citing to a Heritage memo saying that in some states it would be hard for Democrats to list someone other than Biden on the ballot if Democrats nominate s...

This is what the logic of the opinion demands, though that doesn't necessarily mean that the Court will do it (it has drawn unprincipled distinctions before)

There is also every reason to think that this court will expand Trump v. U.S in his second term to extend immunity to those doing his bidding. I.e., “Our holding in Trump v. U.S. demands that government officials be able to enact the will of the executive without fear of criminal proceedings.”

There's a story to tell about the interplay between legal realism (understanding the power to interpret as political power) and legal formalism (understanding interpretation as a legal-technical process that's lawless in the hands of political actors) in conservative legal thought

Why did conservatives turn against deference to admin agencies? After canvassing conventional explanations, Prof Eric Berger notes that the distribution of political power among the branches of govt (especially the judiciary) changed. Details on the blog.

Why Did Conservatives Change Their Tune on Chevron?www.dorfonlaw.org If you've followed the Roberts Court for a while, you probably weren't too surprised to hear that the Loper Bright v. Raimondo decision ove...

Adrian Vermeule must be having a topsy-turvy week. On the one hand, Chevron overruled. On the other hand, the Stuart monarchy restored by the Supreme Court

hopefully to announce his resignation (hope springs eternal)

Biden is to meet with Democratic governors at 6:30p Wednesday, per White House schedule for tomorrow, just out.

I'm sure the NYT would run stupid stories about Harris but hard to believe any of it would be nearly as damaging as this.

The Court's nullification of Section 3 of the Fourteenth Amendment looks even worse from the standpoint of yesterday's decision. One thing to channel coup remedies to federal criminal prosecutions over state-by-state adjudication. Another to announce that there's no remedy for a coup

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My letter in today’s Herald about the political establishment pandering to JK Rowling and her anti trans obsession while ignoring the majority of women and women’s issues www.heraldscotland.com/opinion/2442...

Maybe I'm missing something obvious but I don't understand the idea that the president could order some subordinate to do some unlawful act and the president is immune but the subordinate is not. That's very weird and seems very difficult to defend as a policy matter

I think this is correct--to put the point slightly differently from Stancil, this all hinges on Donald Trump being the Republican nominee. If it was still very uncertain the Court would be less eager to prtotect him

Merrick Garland has so much to answer for. This decision would not have turned out this way if the prosecution had come in 2021, when Trump’s re-election didn’t seem imminent. They’re deciding this way because they think he’s coming back.

The Aileen Cannon Supreme Court

The reality we're converging on, where there's a very widespread perception that Biden can't be an effective candidate but one that isn't shared by his inner circle or most influential allies, is actually the worst outcome

There's a decent chance that in the next few weeks the French far right becomes dominant in the National Assembly, the British far right gets unprecedented electoral strength, and Trump takes up a commanding lead in the polls. Bad times

Ever since people were attacking Biden's supposed senility in 2020 I have empathized pretty strongly with him on this. I have pretty bad social anxiety and I had a stutter as a child; I still have issues with oral communication and am definitely well below average at it.

I don't see how Biden can win this election if this is what his most supportive columnists write about him www.nytimes.com/2024/06/28/o...

Opinion | President Biden Is My Friend. He Must Bow Out of the Race.www.nytimes.com Donald Trump is too grave a threat to America. Democrats need a nominee who can unite the country and articulate a compelling vision for it.

The problem Biden faces is that, irrespective of his objective capacity, he's lost the confidence of his party. That's fatal to winning a general election--you can't sell someone you don't believe in. You can say that party elites should be more loyal and maybe so but that's the situation

It would be helpful if Democrats didn't go en masse on TV to cement a bad debate performance in the public conversation. I don't think Republicans do this

The thing about debates not mattering is cope. Debates normally don't matter because they don't provide much info voters care about. Voters do care a lot about whether Biden is too old to do the job and his performance provides information about that that hurts him

Moses received the Torah at Sinai and transmitted it to Joshua, Joshua to the elders, and the elders to the prophets, and the prophets to the men of the Philadelphia Constitutional Convention.

Is Latimer going to be as bad as Gottheimer in Congress?

A tale of two counties

Does anyone have the underlying WPATH documents here? All I've seen is the excerpts in the defendants' expert's report. You can't take that as an honest and full depiction of events

the times’ willing participation in a right-wing Christianist assault on the human rights of a small minority is one of the most disgraceful chapters in its history. absolutely sickening

Biden Officials Pushed to Remove Age Limits for Trans Surgery, Documents Showwww.nytimes.com Newly released emails from an influential group issuing transgender medical guidelines indicate that U.S. health officials lobbied to remove age minimums for surgery in minors because of concerns over...