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TwiceHorn

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Everything posted by TwiceHorn

  1. That's an excellent synopsis.
  2. Douglas Preston was inspired by Colossal to write this, which is a pretty interesting spin on the Jurassic Park theme. https://www.amazon.com/Extinction-Novel-Douglas-Preston-ebook/dp/B0C1X881FK Good yarn.
  3. It is possible that they come to the right result -- which to my mind would also include that habeas corpus is not the exclusive remedy here, with its narrow jurisdiction and venue -- but this step on the road is pretty fucking hideous really. It is unprincipled in numerous ways.
  4. Aside from all of the other stuff, SCOTUS decided a novel issue of law on the emergency application docket. That's. Just. Wrong.
  5. Also note that by confining review to the habeas corpus court, where the deportee is detained, means that the Administration can select the venue/judge by where they detain the deportee. So, expect a deportation facility to be constructed in Amarillo ASAP. And there's always Andrew Hanen in Brownsville.
  6. I'm sure he doesn't. But he doesn't want to get gigged by Abbott and Patrick as well as Trump.
  7. Also note that Steve Vladeck has left UT Law for Georgetown. Care to guess why? The erstwhile professor also notes that the major questions and non-delegation doctrines used against the "administrative state" heavily weigh against Trump's exercise of tariff power pursuant to virtually unlimited delegation of major questions to the executive.
  8. There's a shit ton of questions to be answered in the litigation. But the one this was decided on is what is the proper court in which to bring these challenges. The Supreme Court decided that the proper court is the one in which a petition for habeas corpus lies, which is a district court in the state and judicial district in which the petitioner is detained. As a matter of first principles, deciding that the trial court lacked jurisdiction is just the kind of basis that a "shadow docket" decision is based on. But that is the case only where the law is clear on which court has jurisdiction. But, which court has jurisdiction and whether the petitioner's claims are governed by habeas corpus, only, or some other remedy, in this case the Administrative Procedure Act, is a novel question in this context, never before decided. So they fucking decided it on an emergency motion on the shadow docket, making new law. Also notable that they explicitly said "venue is wrong." Venue is a relatively minor thing that does not affect a court's power to rule; a court that entirely lacks jurisdiction is powerless, one that is not a proper venue should be transferred to one that is proper, but that can happen later in time and does not invalidate the courts' rulings. Complete. Fucking. Bullshit.
  9. That's so disingenuous. A first-year law student sees through that position.
  10. I mean, this is why the stock market is not the economy. It is completely irrational in the short term. The tariffs, unless dispensed with completely, are going to have negative effects on business planning, pricing, and sales, and consumer behavior, particularly for market bellwethers like Apple and Nvidia. The stock market is no doubt going to stabilize some around the whatever is the new status quo, but businesses are not going to be able to generate the numbers that "justify" their valuations and growth as long as these tariffs are lurking out there.
  11. So, I have figured out why Trump has had some success as a real estate developer: it's all hucksterism, at which Trump is satanically gifted. His general business acumen, though, is obviously lacking. Anyone have a "uniform field theory" as to why Musk has experienced the success that he's had?
  12. Dammit, I have to agree a bit here. But, I had seen some "reviews" that mentioned Parliament was going to have some special sessions or some such about adolescent social media use. Therefore, I was expecting more focus or reveal on that aspect of it, while it actually remained pretty implicit, and the "cause" of the crime remained unclear, probably purposely. That I kept waiting for it and it never came distracted me from the more general excellence of the show.
  13. Or the really old school "govern yourself accordingly."
  14. Yeah, this is a different case from Abrego. As I said elsewhere, there's a jurisdiction issue that kind of taints the one before Boasberg. But they need to slap down this "foreign-policy/national security" shit with haste. Don't know that they will but they should.
  15. Didn't say how he'd rule, just that it wouldn't go to Ruckus or Guido, initially. Slim as the hope may be, Roberts offers some overt those two. The jurisdictional issue is a copout on the bigger issue, whether the executive can exempt itself from judicial review by encanting "foreign relations" or "national security" for what is clearly either an immigration (Article I/Congress) or judicial (Article III/Courts) issue.
  16. You're assuming again. Could be right, could be wrong.
  17. Roberts is the Justice assigned to the 4th Circuit, so I believe he'll get the first whack at the motion to stay and will somewhat control the narrative if he refers it to the court as a whole. It's good that this is coming up first through the 4th Circuit. There was an argument that Boasberg in DC lacked jurisdiction because the jurisdiction for a habeas corpus petition is that of the trial court or in the absence of one, where the defendant was apprehended. So this would seem to take away that argument, which got some traction from Ruckus and Guido.
  18. Among all the other ASSuming people are doing is ASSuming that I am interested in the backstory because it will vindicate the perp. It might, it probably won't. But answers to the questions like why in the name of God was this kid bringing a knife to a track meet? And why was he in an opponents tent remain unanswered. Also, it sounds like there was a single stab to the victim that punctured his heart. That was either a skilled or very unlucky stab.
  19. Broadly speaking, seeing a doctor, which could be ER, like for stitches or more interventional treatment, or later, like concussion or bruising.
  20. Generally means requires medical treatment or potentially does. It's murder, most likely, even given the unknown facts. Whether "affirmative defenses" or "justifications" like self-defense could come into play is what we don't know at this point.
  21. Haha no! I did look at her Twitter and she has a number of posts about lawyers. though. But I know she wasn't talking about me because one of them referenced billing in quarter hours and I bill in tenths. 😬
  22. Haha, she's actually one of my clients. Good for her.
  23. As Clausewitz observed, war is the ultimate expression of politics. It's vital that senior military leadership consider the role of the military in government and politics and its relationship to the civil government and leadership. The notion that our officer corps should be axe-murderers is stupid as fuck. That's what private soldiers are for.
  24. A great irony of this is that it has happened, I believe, exactly one time. And that one time, it was ordered by a federal court after finding it was medically necessary and that to deny such care is cruel and unusual punishment. It's never been a position affirmatively advocated by Democrats. The closest Democrats have come to advocating for transsexuals is the position that the sex discrimination statutes, as written, prohibit discrimination against transexuals.
  25. Great point about full employment. We do need better jobs, though, and higher wages in the jobs we do have and any we "bring back." Wages are really a separate issue from onshoring manufacturing. As has been pointed out, there are a lot of offshored jobs we really don't want back, because they're inherently low-wage and/or hazardous to workers or to society at large. But, a combination of bringing back, or at least to non-hostile neighbors like Canada and Mexico, manufacturing and industry that implicates national security and potentially provides higher-wage jobs is a reasonable goal. But this assuredly is not the way to accomplish it.
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