Lee Kovarsky

yeah it's like your favorite band is coldplay, fuckoff

every day stupider than the one before

And I watched him snark his way thru the birthright stuff w/o really knowing the source material myself, but then he veered into snark about injunctive class actions + ripeness that *are* areas of expertise and he really is prone to wild mistakes.

Tho his argument about judges having admin role that sits outside of judicial power as some sort of unitarist gotcha makes even less sense to me.

Maybe I am under-crediting him.

not worth it. that post reflects the fact that ilan clearly didn't even understand that gov wasn't even arguing commander in chief power. (and isn't - it's all the statute + take care)

Yes, reliance has to be reasonable - but I don't think you'd win by arguing that it wasn't reasonable for folks firing the missiles to rely on an OLC opinion. It's not a question of whether the OLC opinion was reasonable.

FWIW this will likely give those who committed the murders (that's what they are) an effective "public authority" defense, PROVIDED that it was written before they started incinerating fishing boats.

This defense is why there would be no prosecution for Obama for Anwar Al Awlaki.

At an affected institution I can assure you that nobody is excited

Yeah it’s like euphemism for “aunt Ethel is kind of a dick”

yep we're fucked, sorry everyone

"contrarian"

"iconoclast"

"Contrarian" is an irksome term here; it's the opposite.

For a decade, Weiss has been privileged to never have to convince skeptics within her preferred professional pathway.

She sells fake moderate gloss to authoritarians, it's completely transactional.

There are no ideas here.

TRO Against new national guard deployment (CA) to Portland. Judge seemed, as the say on the west coast, hella pissed.

i'm just one man hoping that there is a phone connection for me to listen to said deliberation

i've got another 5 minutes of this in me then i'm done

Am I missing something or is he saying that akshually judges had some sort of administrative or ministerial power to check deployment under the statute and he sees that as a Unitarian-favorable point? I feel like I’m missing something tbh. (Serious question, what is he saying)

Ilan seemed to not know this didn’t involve a commander in chief argument and is sort of backfilling this chaotically and in ways that are difficult to follow.

no, ilan is very smart. intelligence is not the issue.

ps i know equitable suits against fed officers aren't technically ex parte young actions, but they are functionally identical. probably nobody was waiting for me to clarify this but just in case.

he (1) snarkily said that you can't have class actions for civil rights injunctions because there was no such practice during the new deal (unaware that 23b2 was passed in 1966) and (2) snarked about unborn children being included in a class (completely unremarkable)

honestly i do not think he realizes that

His lawyers do not even argue that! The closest they come is a take care clause involving preservation of property.

Also, let's at least pretend like we've taken the time to read the CA decision from the 9th circuit, which is binding on this judge.

here's the link, btw, read for yourself: storage.courtlistener.com/recap/gov.us...

I am compulsively, naively prone to giving people the benefit of the doubt, but this is getting a little silly.

/e

Is Ilan saying that federal officers can't be sued in their official capacity for violating a federal statute? I mean everyone knows that's wrong, b/c Ex part Young is one of the three things everyone remembers from their fed courts courses.

2/

I have no fucking idea what Ilan is even talking about here, or even whether he's tracking the litigation. The issue is whether POTUS complied with a statutory delegation of power under 10 USC 12406, to nationalize the fed guard. His lawyers aren't even arguing commander in chief power.

1/

Stabbing is not legal, some experts say

Unlawful Deduction 3