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Gabriel Malor

@gabrielmalor.bsky.social

Oklahoman in Virginia. Appellate attorney. I talk about federal court decisions. A lot. Sometimes the most you can do is the best you can do. gabriel.malor@gmail.com

20,158 Followers  |  202 Following  |  10,140 Posts  |  Joined: 24.07.2023
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Posts by Gabriel Malor (@gabrielmalor.bsky.social)

Markwayne is actually a noble title, and is the Oklahoma equivalent to "Marquis," and may be passed on at the same time your father gives you his car dealership

05.03.2026 19:56 — 👍 2447    🔁 406    💬 44    📌 15

🚨 THIS IS NOT A DRILL. kristi noem is doing a live speech right now and doesn't know she was fired. 🚨

05.03.2026 19:23 — 👍 3529    🔁 636    💬 116    📌 121
Donald J. Trump
@realDonald Trump
I am pleased to announce that the Highly Respected United States Senator from the Great State of Oklahoma, Markwayne Mullin, will become the United States Secretary of Homeland Security (DHS), effective March 31, 2026. The current Secretary, Kristi Noem, who has served us well, and has had numerous and spectacular results (especially on the Border!), will be moving to be Special Envoy for The Shield of the Americas, our new Security Initiative in the Western Hemisphere we are announcing on Saturday in Doral, Florida. I thank Kristi for her service at
"Homeland."
Serving 10 years in the United States House of Representatives, and 3 in the Senate, Markwayne has done a tremendous job representing the wonderful People of Oklahoma, where I won all 77 out of 77 Counties — in 2016, 2020, and 2024! A MAGA Warrior, and former undefeated professional MMA fighter, Markwayne truly gets along well with people, and knows the Wisdom and Courage required to Advance our America First Agenda. As the only Native American in the Senate, Markwayne is a fantastic advocate for our incredible Tribal Communities.
Markwayne will work tirelessly to Keep our Border Secure, Stop Migrant Crime, Murderers, and other Criminals from illegally entering our Country, End the Scourge of Illegal Drugs and, MAKE AMERICA SAFE AGAIN. Markwayne will make a spectacular Secretary of Homeland Security. Thank you for your attention to this matter!
PRESIDENT DONALD J. TRUMP
865 ReTruths 2.64k Likes
Mar 05, 2026, 1:41 PM

Donald J. Trump @realDonald Trump I am pleased to announce that the Highly Respected United States Senator from the Great State of Oklahoma, Markwayne Mullin, will become the United States Secretary of Homeland Security (DHS), effective March 31, 2026. The current Secretary, Kristi Noem, who has served us well, and has had numerous and spectacular results (especially on the Border!), will be moving to be Special Envoy for The Shield of the Americas, our new Security Initiative in the Western Hemisphere we are announcing on Saturday in Doral, Florida. I thank Kristi for her service at "Homeland." Serving 10 years in the United States House of Representatives, and 3 in the Senate, Markwayne has done a tremendous job representing the wonderful People of Oklahoma, where I won all 77 out of 77 Counties — in 2016, 2020, and 2024! A MAGA Warrior, and former undefeated professional MMA fighter, Markwayne truly gets along well with people, and knows the Wisdom and Courage required to Advance our America First Agenda. As the only Native American in the Senate, Markwayne is a fantastic advocate for our incredible Tribal Communities. Markwayne will work tirelessly to Keep our Border Secure, Stop Migrant Crime, Murderers, and other Criminals from illegally entering our Country, End the Scourge of Illegal Drugs and, MAKE AMERICA SAFE AGAIN. Markwayne will make a spectacular Secretary of Homeland Security. Thank you for your attention to this matter! PRESIDENT DONALD J. TRUMP 865 ReTruths 2.64k Likes Mar 05, 2026, 1:41 PM

NEWS: President Trump says Sec. Kristi Noem is out at DHS.

Trump also says that Oklahoma Sen. Markwayne Mullin will be his next nominee for secretary of DHS, although Trump doesn't word it that way.

Finally, he says Noem will have a new federal role in a new initiative soon to be announced.

05.03.2026 18:57 — 👍 560    🔁 102    💬 42    📌 51
Preview
Twenty-Four States Led by Oregon File Lawsuit Challenging Trump's Section 122 Tariffs NA Today, 24 states led by the state of Oregon filed the first lawsuit challenging Donald Trump's massive new Section…

24 states led by Oregon just filed first lawsuit challenging Trump's massive and illegal Section 122 tariffs. See my post for more, including why lawsuit deserves to prevail: reason.com/volokh/2026/...

05.03.2026 18:14 — 👍 23    🔁 11    💬 2    📌 1
It may very well be the case that the federal government will at some point—perhaps even in the near future—remove marijuana from Schedule I of the CSA.  But that is a decision for the political branches of the federal government, not for the judiciary.  This Court is obliged to apply the law as it currently stands.

It may very well be the case that the federal government will at some point—perhaps even in the near future—remove marijuana from Schedule I of the CSA. But that is a decision for the political branches of the federal government, not for the judiciary. This Court is obliged to apply the law as it currently stands.

Dept of Labor orders insurance carrier to pay for Petitioner's medical care.

Doctor prescribes medical marijuana under state law.

Dept of Labor says insurance carrier does not have to reimburse for marijuana bc it's a Schedule I drug.

2d Cir.: that tracks.

ww3.ca2.uscourts.gov/decisions/is...

05.03.2026 17:47 — 👍 15    🔁 3    💬 0    📌 1
an x post from baseball dan that says trump is a buffoonish carnival barker who has no business being president and yet he is somehow a more serious figure than biden harris or walz

an x post from baseball dan that says trump is a buffoonish carnival barker who has no business being president and yet he is somehow a more serious figure than biden harris or walz

another all timer from the yelly baseball friends and neighbors

05.03.2026 16:09 — 👍 66    🔁 8    💬 5    📌 0

This article has at least five typographical errors. Did NBC fire all its copy editors?

05.03.2026 16:13 — 👍 33    🔁 2    💬 1    📌 0

Sorry I'm not more open-minded about LLMs, it's just some fucking maniacs shoveled out a bunch of useless bloatware featuring that technology, did not give me any chance to opt out, reorganized the entire economy around it, zeroed out gains made by green energy, and made it impossible to buy RAM

05.03.2026 05:17 — 👍 14291    🔁 4570    💬 115    📌 89
Preview
‘Nazi heaven’: Inside Miami campus Republicans’ racist group chat The chat is the subject of a Florida International University police investigation.

The secretary of Miami-Dade County’s GOP started a group chat for conservative students — and within 3 weeks, it was filled with over 400 instances of the N-word, Nazi rhetoric and writings of "dozens of ways of violently killing Black people"

05.03.2026 03:14 — 👍 5296    🔁 2546    💬 269    📌 561

(This is why I don't have quite the fondness for the film that everyone else has because that got old fast.

Every year the DH's family watches it together and I read a book.)

05.03.2026 03:23 — 👍 16    🔁 0    💬 0    📌 0

Right after Home Alone came out people repeatedly stopped me when we were in public because they thought I was Macaulay Culkin.

I was asked to do the aftershave thing an insane number of times.

05.03.2026 03:11 — 👍 33    🔁 1    💬 2    📌 1

Kawashima v. Holder

05.03.2026 02:25 — 👍 7    🔁 0    💬 0    📌 0

JUST IN: AG Pam Bondi purports to 'ratify' Kash Patel's firing, 5 months ago, of FBI agents who kneeled at 2020 #BLM protest. Doc: storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2025/12...

05.03.2026 01:04 — 👍 67    🔁 31    💬 3    📌 0
Preview
Iowa House passes governor's 'MAHA' bill, adds new K-12 requirements • Iowa Capital Dispatch House lawmakers added several other proposals related to food and physical activity for Iowa K-12 students as amendments to the MAHA bill.

This bill removes nutrition requirements for school lunches, but makes ivermectin OTC, lol. MAHA is so fucking dumb.

05.03.2026 00:44 — 👍 172    🔁 41    💬 8    📌 7

Y'know, for about thirty minutes there I was absolutely convinced that tomorrow is Friday.

05.03.2026 00:16 — 👍 41    🔁 0    💬 4    📌 0
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JUST IN: A federal judge has barred Gov DeSantis from designating CAIR as a terrorist organization and punish those who associate with the group.

“Once again, Florida chooses political posturing over the First Amendment,” Judge Walker writes.

storage.courtlistener.com/recap/gov.us...

04.03.2026 23:03 — 👍 8631    🔁 2581    💬 134    📌 119

One was an Air Force general. The other was a mailman.

04.03.2026 22:53 — 👍 4    🔁 0    💬 0    📌 0

I haven't said anything about this before, bc in the grand scheme of horrors this only rates as an inconvenience, but since others are experiencing it:

Just three days after CBP arrested me for filming them outside Broadview on 9/27, my TSA Pre & Global Entry were suspended—and so were my wife's.

04.03.2026 21:03 — 👍 2389    🔁 1164    💬 3    📌 48
The inevitable—indeed, the only—impact of the Limitations Agreement is to shorten the total time Thomas would have to complete two tasks: file a charge with the EEOC and, after the EEOC proceedings conclude, file a private lawsuit. To be sure, this Limitations Agreement—unlike the agreement the Sixth Circuit considered in Logan, see 939 F.3d at 826—states that its 180-day period “is tolled during the time [a] charge or claim is pending” before the EEOC. JA 25. But that still means the Limitations Agreement gave Thomas just 180 days to do two things (file a charge and then a lawsuit) that both Title VII and the ADEA would otherwise have given her at least 270 days to do. See Part III(A), supra (explaining why, under the statutes, employees would always have at least 180 days to file a charge with the EEOC followed by 90 days to file suit after hearing back). Put another way, the Limitations Agreement cannot function without reducing either: (1) the time Thomas had to file a charge with the EEOC; or (2) the time she had to sue after the EEOC proceedings terminated. We conclude either outcome would do violence to the carefully integrated remedial schemes Congress enacted.

The inevitable—indeed, the only—impact of the Limitations Agreement is to shorten the total time Thomas would have to complete two tasks: file a charge with the EEOC and, after the EEOC proceedings conclude, file a private lawsuit. To be sure, this Limitations Agreement—unlike the agreement the Sixth Circuit considered in Logan, see 939 F.3d at 826—states that its 180-day period “is tolled during the time [a] charge or claim is pending” before the EEOC. JA 25. But that still means the Limitations Agreement gave Thomas just 180 days to do two things (file a charge and then a lawsuit) that both Title VII and the ADEA would otherwise have given her at least 270 days to do. See Part III(A), supra (explaining why, under the statutes, employees would always have at least 180 days to file a charge with the EEOC followed by 90 days to file suit after hearing back). Put another way, the Limitations Agreement cannot function without reducing either: (1) the time Thomas had to file a charge with the EEOC; or (2) the time she had to sue after the EEOC proceedings terminated. We conclude either outcome would do violence to the carefully integrated remedial schemes Congress enacted.

Can a business, as a condition of employment, shorten the time Congress gives employees to sue under Title VII or the ADEA?

4th Cir.: nope (joining the 6th Cir.).

www.ca4.uscourts.gov/opinions/251...

04.03.2026 21:13 — 👍 22    🔁 5    💬 0    📌 0

Yeah, clean up, Chris!

04.03.2026 21:08 — 👍 5    🔁 0    💬 0    📌 0
Post image

New: The Trump admin confirmed in a court filing it will pay interest on any refunds it ultimately must make after SCOTUS struck the president’s contested tariffs.

This hasn't been a central issue, but underscores the financial stakes. Interest could total $700M/month, per Cato buff.ly/i4ybtNW

04.03.2026 19:28 — 👍 353    🔁 147    💬 17    📌 4
The first fundamental question we must answer is whether this so called “AEDPA deference” is constitutionally permissible.  The majority opinion holds that it is.  I would hold that the § 2254(d) standard is unconstitutional.  Analysis of this issue begins with the fact that Congress has granted federal courts jurisdiction to determine whether a prisoner is being held in violation of the Constitution.  The fundamental issue is whether, when a federal court exercises that grant and finds the imprisonment unconstitutional, Congress can make that court’s ability to grant relief dependent on deference to a state interpretation of the Constitution.  As explained below, I would hold that such a rule is not constitutional and would, therefore, review Sanders’s constitutional claims de novo without deference to the state courts.

The first fundamental question we must answer is whether this so called “AEDPA deference” is constitutionally permissible. The majority opinion holds that it is. I would hold that the § 2254(d) standard is unconstitutional. Analysis of this issue begins with the fact that Congress has granted federal courts jurisdiction to determine whether a prisoner is being held in violation of the Constitution. The fundamental issue is whether, when a federal court exercises that grant and finds the imprisonment unconstitutional, Congress can make that court’s ability to grant relief dependent on deference to a state interpretation of the Constitution. As explained below, I would hold that such a rule is not constitutional and would, therefore, review Sanders’s constitutional claims de novo without deference to the state courts.

Huh. 6th Cir., 2-1, holds that AEDPA is constitutional.

Judge Stranch, in dissent, would hold AEDPA unconstitutional on the ground that Congress does not have the authority to make the federal courts rely on state courts' interpretation of the Constitution.

www.opn.ca6.uscourts.gov/opinions.pdf...

04.03.2026 17:37 — 👍 31    🔁 6    💬 3    📌 1
The de minimis cost of purchasing a prayer schedule does not rise to the level of a “substantial” burden on religious exercise. Such a “truly negligible” and “unquestionably affordable” financial burden could not realistically coerce Childs to violate his sincerely held religious belief. Jones, 915 F.3d at 1150. Absent a true coercive dilemma, to conclude that Childs’s claim still satisfies the “substantial burden” requirement of RLUIPA would give the word a meaning it cannot bear and render Congress’s choice of the word “substantial” meaningless surplusage. ANTONIN SCALIA & BRYAN A. GARNER, READING LAW 174–79 (2012) (discussing the surplusage canon). And because Childs failed to carry his initial burden of persuasion, the government is not required to justify its policy under strict scrutiny.

The de minimis cost of purchasing a prayer schedule does not rise to the level of a “substantial” burden on religious exercise. Such a “truly negligible” and “unquestionably affordable” financial burden could not realistically coerce Childs to violate his sincerely held religious belief. Jones, 915 F.3d at 1150. Absent a true coercive dilemma, to conclude that Childs’s claim still satisfies the “substantial burden” requirement of RLUIPA would give the word a meaning it cannot bear and render Congress’s choice of the word “substantial” meaningless surplusage. ANTONIN SCALIA & BRYAN A. GARNER, READING LAW 174–79 (2012) (discussing the surplusage canon). And because Childs failed to carry his initial burden of persuasion, the government is not required to justify its policy under strict scrutiny.

7th Cir. holds that prison was not required to buy prayer schedules for Muslim inmate who characterized their cost as "de minimis" bc that would mean the burden on his religious practice is not substantial under RLUIPA.

media.ca7.uscourts.gov/cgi-bin/Opin...

04.03.2026 16:58 — 👍 9    🔁 1    💬 1    📌 0

He had the tattoo of the skull which was used in the Mitchell and Webb look's famous Skit, are we the baddies, which featured specific discussion of the skull.

But no, its no big deal, no one even knows about it

04.03.2026 16:30 — 👍 319    🔁 32    💬 15    📌 0

Also, it's helpful to block people who think it's okay to post information they don't know to be true, but are posting to be edgy.

Block early, block often, friends.

04.03.2026 05:15 — 👍 21    🔁 0    💬 0    📌 0

Information = content + cost + source.

Can't evaluate information without all three. Which is why you—a smart person, I'm sure—would never reskeet something without knowing where it came from (source) and why it appeared in your timeline (cost). Right?

04.03.2026 04:50 — 👍 30    🔁 6    💬 1    📌 1

For example, when you're reskeeting a screenshot of an email posted by a rando where the "From:" line has been cut off?

Maybe consider not doing that shit. Even if the content is provocative. Because you don't know where it came from at all. You are the problem with reading competency.

04.03.2026 04:48 — 👍 35    🔁 3    💬 1    📌 0

Here's a thing you might try, just for fun, just maybe to not make things worse: not amplify batshittery when you don't know source.

Information has three components: content (which is what you're spreading foolishly), cost, and source. If you don't know source, why are you spreading the content?

04.03.2026 04:43 — 👍 67    🔁 12    💬 1    📌 0

ICE under Trump 2.0 built an unprecedented media operation - deploying videographers to raids, pumping out edgy social posts, swiping pop music for hype videos - and the main metric for evaluating its impact shows that Americans now hate ICE more than ever

www.washingtonpost.com/technology/i...

04.03.2026 04:11 — 👍 2003    🔁 474    💬 29    📌 25