Senator Moobs

The Lender of Last Resort In which J.P. Morgan saves the day

In Humphrey’s Executor v. US, #SCOTUS upheld the constitutionality of independent boards removable only for cause. But the Court allowed the removal of a member of the NLRB anyway in Trump v. Wilcox. Now Trump has fired a member of the Federal Reserve Board.
senatormoobs.substack.com/p/the-lender...

In the wake of Dobbs, many predicted the end of substantive due process. But in Maribelli v. Bonta, the #scotus majority held that a parent’s right to be informed by the school of their child’s gender transition is protected by substantive due process. #law

www.supremecourt.gov/opinions/25p...

“Glub glub, comrade” - communist fish, probably

Bimetallism or, The gold standard and its discontents

Today, populism is associated with the politics of anger, reaction, and unreason. It evokes enraged mobs wielding pitchforks and torches. But the Populist Party of the late nineteenth century was very different. #law #history #populism senatormoobs.substack.com/p/bimetallis...

Greenbacks In which Hamilton gets the last laugh

Although Swift v. Tyson (1842) is widely considered wrongly decided today, a uniform system of laws governing commercial transactions crossing state lines was thought crucial in the early Republic for economic development. #history #scotus #economics #law

senatormoobs.substack.com/p/greenbacks...

Yeah!

Internal improvements or, A song of banks and boondoggles

Something that most people today don’t know about John Quincy Adams is that he was a stone-cold legend. #history #law

senatormoobs.substack.com/p/internal-i...

Jury nullification FTW!

Although Hamby pre-dates Obergefell, it was still based on the 14th amendment, so overruling Obergefell would overrule it as well.

The Money Multipliers Or, it ain't a crime if they make it legal

People assume that when they deposit money into a checking account, it stays “there” at the bank. In fact, banks lend your deposits to earn interest. If the bank has double-booked your funds, what happens when you all try to withdraw it at the same time?

senatormoobs.substack.com/p/the-money-...

I wonder where the far right learned that they could mobilize their voters by stoking racial grievance from the premise that American society and institutions are structurally biased against them.

Fat Stacks: An Origin Story In which Hans Gruber tries but fails to become a holder in due course

Negotiability was the key legal concept in the emergence of paper money as a medium of exchange. Although negotiable instruments sound like something obscure and technical, regular people use them all the time. #law #history #economics

senatormoobs.substack.com/p/fat-stacks...

“The Constitution” is not the same thing as “precedent set by previous courts”

If driving 100 mph were in the course and scope of federal duties (imagine they were pursing a fleeing tax dodger), no, the state may not do anything about it.

Attiah materially altered the “verified quote” attributed to Kirk without indicating that she had done so or how.

Mediums of exchange or A double coincidence of wants

We experience the control of money as a governmental function. But economic theory holds money is a natural product of market forces, and its regulation is best left to those forces.

Where does money come from? And, like, what even is money? #economics

senatormoobs.substack.com/p/mediums-of...

As I understand it, the response on the right is that law enforcement in jurisdictions run by Democrats are gaming crime statistics by under-charging or failing to charge obvious crimes.

The bank war In which we finally discover how McColloch got caught up in this mess

In his war against the Bank of the U.S., President Jackson sought to break the power of the financial class, but instead he unshackled a chaotic and unregulated money system that would fuel economic instability for generations. #history #federalreserve

senatormoobs.substack.com/p/the-bank-war

Finally the court held evidence showing Klutchnikov had engaged in paper staking in the past was not inadmissible character evidence prohibited by Rule of Evidence 404(b). Although the plaintiff had not shown an overall “scheme,” evidence of past bad acts was admissible to show lack of accident.

The court also held that the defendant could show undue prejudice based on harm to a third party, where the third party had a”grubstake” investment in the claim (money advanced to a prospector for a share in any findings).

The court first considered whether the defendant was entitled raise a defense of laches against a declaratory judgment claim, since laches applies only to equitable claims and not those at law. Since the claim was in substance a quiet title action (equitable), laches applied.

The alleged paper-staker (Klutchnikov) was “lost at sea,” but Baker pursued Klutchnikov’s successor in interest, Amerigold, to bench trial and won.

the #Alaska #SupremeCourt considered an allegation of “paper staking” in a case involving conflicting mining claims. Paper staking occurs when someone recording a mining claim lies about having actually gone and physically marked the ground with “monuments.”

Omg #AlaskaSky has anybody read Amerigold Holdings LLC v. Baker?

Mining claims, shady land deals, “paper staking,” “grubstakes,” witnesses lost at sea… this case is vintage #Alaska

appellate-records.courts.alaska.gov/CMSPublic/Us...

Easy. POTUS issues a blatantly unlawful executive order expropriating Alaska’s rights and when the action is challenged, SCOTUS refuses the case under original jurisdiction without explanation and then overturns the subsequent district court stay on the shadow docket, also w/o explanation.

Roe was criticized from day one even by liberal legal scholars for its remarkably poor legal reasoning. Obergefell is more robust in that it relies on equal protection as well as substantive due process. Not to say it’s safe, but it’s not in the same precarious position as Roe was pre-Dobbs.

Bar Exam Taker Suffers Apparent Heart Attack - Above the Law The exam never stopped during what seems to have been a major medical emergency.

abovethelaw.com/2025/07/bar-...