jackiegardina, to Law
@jackiegardina@awscommunity.social avatar

Justice Sotomayor describes well what the last eight years have been like for many of us. I am worried for the end of this SCOTUS term. (Gift Link)

#SCOTUS #law #lawfedi

https://www.nytimes.com/2024/05/24/us/politics/sonia-sotomayor-supreme-court.html?unlocked_article_code=1.uk0.QnA8.iMLJrV-seSl1&smid=url-share

heidilifeldman, to random
@heidilifeldman@mastodon.social avatar

Here’s an excellent article about important lawsuits just filed on behalf of Uvalde families who lost loved ones to a mass shooting there. The families, represented by the same attorney who represented the Sandy Hook families, are suing Daniel Defense, the maker of the AR-15 used by the shooter, as well as the publisher of Call of Duty video games and Meta. (I am quoted in the story.) https://wapo.st/3R1Y9LA #LawFedi #GunViolence

heidilifeldman,
@heidilifeldman@mastodon.social avatar

I’m now reading the complaint in Rubio v. Daniel Defense, the suit filed today in Uvalde County (Texas) District Court, by the families whose loved ones were killed by a mass shooter using an AR-15 made and marketed by Daniel Defense. Sharing observations as I read. #LawFedi #GunViolence 2/

luis_in_brief, to random
@luis_in_brief@social.coop avatar

Wondering what happened to obscenity law, especially on the internet? This is such a great review by @jtlg of what sounds like a very interesting @kendraserra paper.

https://3d.laboratorium.net/2024-05-20-postmodern-community-standards

#lawfedi

Smootasaurus, to Law
@Smootasaurus@mstdn.social avatar

AI in everything is going great, part 9486 (Also, is there a class action here ?)

mina, to random German
@mina@berlin.social avatar

So.

75 Jahre Grundgesetz. Es ist schon eine ziemlich gute Verfassung, keine Frage.

Nur schlimm, dass es erst 12 Jahre faschistischer Diktatur und tatkräftige Unterstützung durch die Alliierten gebraucht hat, um unserem Land diese Verfassung zu geben.

Noch schlimmer, dass eben dieser Faschismus aktuell wieder sein hässliches Haupt erhebt und die politische Debatte bis weit in die "demokratische Mitte hinein" vergiftet.

Wir sind alle aufgerufen, uns klar dagegenzustellen, wann immer

1/2

HistoPol,
@HistoPol@mastodon.social avatar

@mina

#Grundgesetz #LawFedi

(1/2)

Eine #Verfassung klingt toll.
Auch ich bin ein großer Freund dieses Rechtskonstrukts.
Per se ist es jedoch in der Praxis nicht das vermeintliche Allheilmittel, als das es oft gesehenwird.

#England kommt z.B. von jeher ohne aus, dennoch gilt es historisch gesehen als ein Vorreiter der #Bürgerrechte.

Die #VereinigtenStaaten haben derzeit eine der größten #Verfassungskrise|n ihrer Geschichte. Seit Jahrzehnten gab es aufgrund des...

skykiss, to random
@skykiss@sfba.social avatar

Damning Evidence Blows Up Trump’s Espionage Crimes

Documents with classification markings discovered in Trump’s private quarters months after prosecutors had subpoenaed them and the FBI conducted its own exhaustive search of the property. Investigators had “strong evidence” that the former president “intended” to hide classified documents at his Mar-a-Lago resort, according to newly released court documents.

He told his staff to avoid security cameras when moving boxes.

And his espionage continues.

https://www.politico.com/news/2024/05/21/trump-classified-documents-bedroom-00159182

#Espionage #treason #election #vote #natsec

skykiss, (edited )
@skykiss@sfba.social avatar

That this case will not likely see the light of day in a courtroom before the election is just remarkable: “Once Trump realized that security cameras at Mar-a-Lago could capture his employees moving classified government information that officials were attempting to retrieve, he allegedly ensured that they would avoid the cameras when moving boxes.”

2/

https://newrepublic.com/post/181811/trump-classified-documents-new-evidence-obstruction

#lawfedi #natsec #espionage #election

JasonPerseus, to Law
@JasonPerseus@mas.to avatar

I hope Scarlett Johansson skins OpenAI alive in litigation/settlement.

It isn't my area of law, but it seems like a damning record of appropriation of her likeness without consent, knowing clearly they did not have it.

#law #lawfedi #legal #openAI

andrew, to legal
@andrew@esq.social avatar

Boosting for #legal and #tech friends. Important and underreported issue.

Black taxpayers were between 2.9 and 4.7 times more likely to be audited by a data-driven audit algorithm. The IRS' response is that they're making tweaks.

This is insufficient.

Answers. Accountability. What happened? How did an algorithm exhibit decidedly human biases?

#lawfedi @law https://esq.social/@andrew/112478649419844060

andrew, to law
@andrew@esq.social avatar

I reckon Copilot+ PC is going to be a product that an entire class of professional just simply can't purchase or use for work. Thinking of , , etc.

Surely the "features" will be able to be disabled, but can anyone reasonably trust that?

@law

andrew, to law
@andrew@esq.social avatar

A House Energy and Commerce Committee Hearing on sunsetting Section 230 is being held today.

One of those bad ideas masquerading as a good one by wearing a cloak made of legitimate complaints. Baby and bath water and all that.

@law

https://energycommerce.house.gov/posts/bipartisan-energy-and-commerce-leaders-announce-legislative-hearing-on-sunsetting-section-230

andrew, to law
@andrew@esq.social avatar

This is important.

“The IRS finally acknowledged this month what Stanford’s Institute for Economic Policy research uncovered in 2023: Racial disparities in taxpayer audit rates have negatively affected Black taxpayers.

The IRS has committed to reevaluating the mechanisms that caused the disparity and refining their compliance approaches—but tweaking the dials on the algorithm is insufficient.”

@law

https://news.bloombergtax.com/tax-insights-and-commentary/irs-racial-audit-disparities-need-accountability-to-be-resolved

heidilifeldman, to Ethics
@heidilifeldman@mastodon.social avatar

Though not serving as Trump’s attorney when he appeared as a witness today in Trump’s trial for criminally falsifying business records, Robert Costello is a lawyer, bound by New York’s Rules of Professional Conduct. Costello repeatedly showed his ethical unfitness, violating the most basic principles that inform the entire code. I’ve screenshot the very first paragraph of the entire code, highlighting the most pertinent phrases. 1/

skykiss, to random
@skykiss@sfba.social avatar

Since we now know Alito was flying his flag upside down at the time, let’s review one of the plans the coup plotters had involving him.

This interview by criminal defendant Powell is interesting. It suggests that the purpose of the insurrection was to DELAY the electoral college certification to give time to intervene on this legal challenge. But, Powell says they didn’t anticipate Pelosi reconvening Congress that day.

Crimal defendant Powell is interesting. It suggests that the purpose of the insurrection was to DELAY the electoral college certification to give time to intervene on this legal challenge. But, Powell says they didn’t anticipate Speaker Pelosi reconvening Congress.

skykiss,
@skykiss@sfba.social avatar

Remember when John Eastman admitted his proposals to nullify the 2020 election would lose at 7-2?

The two Eastman was counting on for the insurrection were Thomas (atop the 11th circuit where they filed a lawsuit in Georgia) and Alito (atop the 5th circuit where they filed a lawsuit in Texas). That’s according to under-oath testimony from Pence’s lawyer. 2/

skykiss,
@skykiss@sfba.social avatar

ChristoFascist thug ensures children are forced to birth their rapist baby, Women & girls bleed out while healthcare is denied ... this monster has two insurrection flags signaling solidarity ....Alito must recuse himself. Then, preferably resign and apologize to the American people.

Now, Alito is refusing to answer questions about the second flag. That dog won't hunt.

#Alito & #ClarenceThomas have shown blatant political bias and a censure resolution should only be Step 1.

Alito is required to recuse under 28 USC 455 where his impartiality could reasonably be questioned. My research shows that a sitting judge can be disbarred. I presume he still has a #NJ license. Americans, we are going to stay on him like a bloodhound. #Treasury tax audit now. Find the bribes.

#lawfedi #scotus #corruption

rcpierce, to Law
@rcpierce@mastodon.online avatar

Tips for young lawyers: don’t file this. Don’t file anything like this. Just…no.

That being said, all of us are immediately identifying who in our law school class would most likely file something like this.

#Law #LawFedi #Legal #LawSchool #Lawyer

Legal filing describing the judge as ugly, a racist, and ass-licking of male attorneys.
image/jpeg

JasonPerseus, to Law
@JasonPerseus@mas.to avatar

So all the action in opinion is in the concurrences.

Justice Kagan writes separately in concurrence, joined by Sotomayor, Kavanaugh, and Barrett.

For which purpose do these four find common ground?

To grant interpretive weight to traditionalism and evolving practice over time.

With big, big administrative cases coming up on their docket, perhaps a significant signal?

JasonPerseus,
@JasonPerseus@mas.to avatar

The Pocket Veto Case was a case in which President Coolidge allowed a bill passed by Congress to expire without signing it after Congress' adjournment.

The question was whether the bill was law considering the Presentment Clause in Article I. (Image 1)

The Clause reads like an LSAT logic game, but the Court held the bill did not become law.

The important part for Kagan's opinion is the quote's context: (Image 2).

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

image/png

JasonPerseus,
@JasonPerseus@mas.to avatar

So if the Executive has been allowed to do something for a long time, and its done it for a long time, and the Legislature let it do it for a long time, and the Judiciary approved its doing it for a long time, then there is a constitutional inertia that exists.

The Court can intervene, but only if it can overcome the inertia.

The big interest: What about a 40-year practice of agency deference?
https://www.scotusblog.com/2024/01/supreme-court-likely-to-discard-chevron/

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

We surface back to Kagan's concurrence, where she chain cites to Federalist 37 in support of the same principle.

I don't have the same version, but I presume this is where she's pointing.

James Madison explaining that even the most well-planned laws must draw their interpretation from the reality they address.

That it is necessary because we cannot imagine all possibilities. We don't even have the words we will need.

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

Kagan then details the 200 years of unbroken tradition with broad Congressional discretion over form of Appropriation.

"The founding-era practice that the Court relates (Image 1) became the 19th-century practice (Image 2), which became the 20th-century practice (Image 3), which became today’s. (Image 4)"

[parenthetical added by me]

And throwing in Scalia for good measure. Everyone loves a good Scalia cite.

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

image/png
image/png
image/png

JasonPerseus,
@JasonPerseus@mas.to avatar

Kagan then notes that there are many appropriations made which are not on an annual basis and not required to return to the Legislature for additional funding:

Customs Service, Post Office, Office of the Comptroller of the Currency (Definitely an office I knew existed 😉), and the Federal Reserve Board.

And that's about it for Kagan and her interesting squad of justices.

What do these tea leaves mean?! (Who knows)

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

But wait! Where's Justice Jackson?

Notably, she writes separately in concurrence.

What point does she feel it's important to make?

When the Constitution provides a power to another branch without limitation, the Courts shouldn't presume their right to craft a limit.

McCulloch v. Maryland... another oldie but a goodie.

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

McCulloch v. Maryland was an early case from 1819 in which the State of Maryland had put a tax on a bank chartered by the federal government. The litigation stemmed from a refusal to pay the tax, and the Court of Appeals held the bank to be unconstitutional, necessitating Supreme Court review.

Ends up being the seminal "necessary & proper" case.

And the part to which she cites... is exactly that:

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

JasonPerseus,
@JasonPerseus@mas.to avatar

Jackson: Separation. Of. Powers.

She cites to this part of Byrd, citing Richardson.

The context around the quoted part is, I think, extremely important. (Image 2).

It not only notes that the court's role is not general supervision, but that the "irreplaceable value of [judicial review]" is its protection of individual liberties.

#SCOTUS #SupremeCourt #law #lawfedi #legal #uspol #politics #uspolitics

image/png

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