Andrea Clark

Andrea Clark

@andreaclark.bsky.social

440 followers599 following357 posts

I think it’s a good change. When a court has discretionary and non-discretionary dockets, it’s hard to avoid the appearance that the cases they choose to take get more attention than the cases they’re compelled to take. Plus this is actually adding a level of review.

Fox News at my gym did their regular “Comrade Kamala” segment last night. Does anybody really think they are saving bigger attacks for the DSA? Every Dem is going to be labeled the most radical leftist ever, and their policy positions don’t make the least difference.

The Bulwark@thebulwark.com

The vibes may be exciting, but if Democrats are going to win this year and in 2028, they must reject the DSA. If you’re tempted by a democratic socialist this year, think of what use Republicans will make of these victories, and ask whether you want to do favors for fascists.

It’s cute how they insert “President” into the caption and title of this case having nothing to do with his capacity as President. Not even saying it’s bad lawyering! I’ve certainly inserted “Dr.” every time I could in some cases, but left it out completely in others. You do roll your eyes though.

Chris Geidner@chrisgeidner.bsky.social

NEW: In the E. Jean Carroll case, Trump's lawyer filed a request at the Second Circuit this evening to stay the district court order releasing the funds or, "if necessitated by events," to issue an injunction pending appeal ordering return of the funds. storage.courtlistener.com/recap/gov.us...

Not that I’m trying to give them ideas, but has there been any real effort to amend Title VII to undo the effect of Bostock? I know Congress doesn’t really “pass bills” or “legislate” any more, but it seems like they would at least attempt this while they control both chambers and the presidency.

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This discourse is amusing to me since, for better and worse, this is how we got Jon Ossoff. John Lewis/Hank Johnson cleared the field for him in 2017, which he converted into insurmountable fundraising advantage in 2020. You don’t have to like him, but if you do, you like an old-guard anointee.

Max Kennerly@maxkennerly.bsky.social

Grimly amusing Dem machines think they deserve some sort of entitlement hierarchy. My entire life, everything has been moving backwards, politically, democratically, bureaucratically, judicially. You are all failures. You are presumptively part of the rot that must be removed down to the root.

This outcome is terrible, but appellate courts deferring to a single judge’s factual findings in cases of widespread policy importance is also … not great. If SCOTUS is going to effectively make its own factual determinations, should they do it explicitly? Refer to a special master or something?

Aaron Reichlin-Melnick@reichlinmelnick.bsky.social

Correct. The District Court's finding were entitled to clear error review, and Alito doesn't even bother to recite the standard of review, just acts like they're deciding the racial animus claim entirely de novo. bsky.app/profile/alan...

Following up on T-Mobile.... This week's issue-preservation case is this tangle from the 7th Circuit: www.courtlistener.com/opinion/1086... 1. Hangzhou doesn't argue on appeal that Kangol waived its waiver-of-service objection, but the court sua sponte raises waiver-of-waiver, and finds it. ...

courtlistener.comcourtlistener.com
Andrea Clark@andreaclark.bsky.social

T-Mobile's 2010 application for a cell tower site in Roswell is now closer in time to the Telecommunications Act of 1996 than it is to the latest court decision on it (which isn't remotely final). www.courtlistener.com/opinion/1086...

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Two arguments Hangzhou does raise on appeal are held premature. But the court's basis for reversal -- that the Hague Convention prohibits email service in China -- might also be premature, right? If the DC finds the Convention doesn't apply. This is how you end up with seven enumerations of error.

Following up on T-Mobile.... This week's issue-preservation case is this tangle from the 7th Circuit: www.courtlistener.com/opinion/1086... 1. Hangzhou doesn't argue on appeal that Kangol waived its waiver-of-service objection, but the court sua sponte raises waiver-of-waiver, and finds it. ...

courtlistener.comcourtlistener.com
Andrea Clark@andreaclark.bsky.social

T-Mobile's 2010 application for a cell tower site in Roswell is now closer in time to the Telecommunications Act of 1996 than it is to the latest court decision on it (which isn't remotely final). www.courtlistener.com/opinion/1086...

2. The court affirms the DC's holding that Hangzhou waived an Illinois post-judgment procedure argument by raising it only in a reply. 3. The court holds Kangol waived the argument that emailing links isn't transmitting a "document" by not raising it in the DC. Do I have that straight?

Despite finding these arguments waived, the court addresses the merits of each and says they have none. This might help the attorneys, who can show their clients they didn't screw up, but it doesn't make for clean jurisprudence. "Even if" is unavoidable in briefs, maybe better avoided in opinions.

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Probably the usual way is just to brief it and hope that the appeals court ignores your failure to preserve. This probably works sometimes. You could maybe send a letter to chambers admitting that you didn't preserve, and suggesting that the court raise sua sponte. But this strikes me as too cute.

Thinking out loud here, but maybe what you do is get a friendly organization to ask to file an amicus brief. Roswell could've asked the Georgia Municipal Association to raise this issue. Anyway, I haven't thought it through, but the sua sponte review option adds a wrinkle to preservation problems.

Roswell won on an issue the 11th Circuit raised sua sponte. Which got me wondering: If you're representing Roswell, and realize mid-appeal that you didn't preserve a potentially winning issue, how might you suggest that the appellate court raise the issue itself?

Also, I learned working in a bookstore that it’s easy and accurate to judge books by their covers. By which I mean literally the stuff that’s printed/embossed on their covers or jackets. Graphic design, art and blurb choice, colors, fonts. The idiom works better metaphorically than literally.

Creature from the Jack Lagoon@jacklikesfilm.bsky.social

" isn’t this literally judging a book by its cover?" Literally, no

A bit like “intolerance never needs to be tolerated,” “there is no wrong way to oppose fascism” is a good rule.

Asher HELLbein@asherelbein.bsky.social

I think it's useful to recognize people posting like this as either functional fascists or collaborators, whether they admit it to themselves or not

It’s hard to say whether this is the stupidest or most illegal thing he’s done, because there are so many things. But surely this will be the least popular. Right? Set aside Congress; no case has been made to the public for this. Please be right.

Christopher Webb@cwebbonline.com

So we’re just announcing foreign strikes and kidnappings of foreign leaders on social media now? No Congress. No explanation. This is madness.

Saddam, bin Laden, even Milosevic were well-established by the showrunners as villains first. I don’t think a high-profile drawn-out prosecution in Manhattan is going to play out how they want. They’ll be daily making the case not that Maduro is the villain but Trump.

It’s not the biggest deal, but can we just say “bathrooms that match their gender?” When it’s a cis person, do we call it a “gender identity?”

Reuters Legal@legal.reuters.com

A transgender civilian employee of the Illinois National Guard sued to block President Donald Trump's ban on federal workers using bathrooms that match their gender identity reut.rs/483fiMw

Andrea Clark reposted

Replying to @carlquintanilla.bsky.social

If there’s a farm bailout, “government finances will look a lot less promising and lead to higher yields on corporate and government debt. .. a new cohort of welfare recipients will have been created, which will be difficult to terminate and will only add to the challenging fiscal outlook ..”

So parents might have a fundamental right to know whether their child is trans… but no fundamental right to get transition healthcare for their child (Skrmetti).

Mark Joseph Stern@mjsdc.bsky.social

Alito, joined by Thomas and Gorsuch, suggest that public schools violate the Constitution when they help a student transition (by acknowledging them as trans) without their parents' knowledge or consent. Would force schools to out trans kids to their parents. www.supremecourt.gov/orders/court...

Policies “that purposefully interfere with parents’ access to critical information about their children’s gender-identity choices” — wow those sound terrible. Now how about policies that purposefully interfere with parents’ access to healthcare for their children?

My kids’ dentist’s form asks, “Can we use your kid’s picture in our marketing?” I said no. The form then asks, “Why not?” This was a REQUIRED FIELD. I had to write in an answer to “Why not?” before it would allow me to submit the form.

Kevin M. Kruse@kevinmkruse.bsky.social

Welcome to our new and improved doctor’s office! If you’ll just scan this QR code, access our poorly designed website and repeatedly enter the information we already have on file as the site crashes, we’ll be with you in twice the time it used to take.

Andrea Clark reposted

Replying to @geofffhughes.bsky.social

At least part of the problem is that we usually think of envy as a bottom-up phenomenon so the idea that marginalized groups could be a target of envy seems like a contradiction in terms. But as I've argued elsewhere, "envying down" might be more common than you think...

researchgate.net(PDF) Envious Ethnography and the Ethnography of Envy in Anthropology's “Orient”: Towards A Theory of EnvyPDF | Drawing on prevalent Euro‐American folk models, extant theories of envy in the social sciences tend to reduce it to an emotion embodied in... | Find, read and cite all the research you need on R...

Sunstein was one of my favorite professors and in every sense a model academic, including the head-in-the-clouds absent-minded-professor sense. tvtropes.org/pmwiki/pmwik...

tvtropes.orgAbsent-Minded Professor - TV Tropes(For the Disney movies, see The Absent-Minded Professor — the "The" before the title is important.) This Stock Character is a brilliant scientist, but, uh, very flighty, often forgetting things like t...
Peter@notalawyer.bsky.social

chotiner’s real gift is very quickly revealing how many powerful and influential people are complete morons. Sunstein is asked about his friendship with Kissinger and it’s pretty clear that he’s never really thought about it.

There was a student whose last name was Nguyen. I realize the pronunciation isn’t intuitive for English speakers, but it’s like the most common Vietnamese last name. You might expect a well-read guy like Sunstein to be familiar with it. I’ve never heard a name more butchered.

I spent the night in jail after an Iraq War protest. About a decade later, I got a letter. I was getting about $8k from a settlement arising from the protest. I hadn’t even heard about the lawsuit! But after moving several times, and with a common name, they tracked me down to give me a check.

Will Stancil@whstancil.bsky.social

The point I’ve been trying to make is that Trump’s admin is more bark than bite. You can criticize them, protest against them, mock them harshly, and you WON’T go to jail. They certainly want you to think you’ll go to jail, because they derive immense power from that kind of fear. So challenge it.

trans people before the ban kicks in

Kevin M. Kruse@kevinmkruse.bsky.social

If the Trump White House wants to ban all transgender people from owning guns because a handful were responsible for mass shootings, wait until they hear how many shootings straight cis white guys have done.

That "try harder" is often a useful LLM prompt is one of their more confounding aspects. ChatGPT confidently, and incorrectly, identified this bag. When I said, "no, try again," it got it right! It wants to use less resources, but ends up using more, because it can't tell when it's wrong.

The talk in this clip is what we call “cisnormative,” and it’s a good example of how those weird words everybody was talking about yesterday are sometimes useful. Almost every human goes through a sexual transition. It starts around 11 or 12. Cisnormativity is being unable to see this.

IllCaesar@illcaesar.bsky.social

Gavin Newsom suggesting that 25 years of age is too young to transition and agreeing to right-wing entryism of concern trolling about trans people in sports. This is your opposition leader? I will never vote for Gavin Newsom anyone who thinks trans people are actual humans will follow suit.

When you talk about delaying gender care until 26, what you really mean is forcing everyone through that first transition at 11 or 12, even though some people don’t want it. Not only that, their parents and their doctors don’t want it! But Gavin Newsom does and I guess that’s what really matters.

Andrea Clark reposted

Replying to @evanurquhart.bsky.social

More seriously: You cannot reckon with the current attacks on science without reckoning with the recent history of attacks on gender-affirming medicine. Conservatives were validated by the New York Times in a vibes-based overthrow of good science, emboldening them to move on to all areas of science.