courage

courage

@ccourage.bsky.social

law, politics, history, ethics, the left, critique, satire, rhetoric trench lawyer

348 followers308 following219 posts

courage reposted

The best thing about philosophy is that all the great philosophers in history were basically wrong about almost everything, so there's really not that much pressure to be right.

There may be a way to sue individual federal agents for state law tort claims for violations of the Constitution. It avoids Bivens, can avoid QI, and is a sort of "reverse Section" 1983 claim. Still plenty of hurdles to jump through, but as a practitioner I see the path in my jurisdiction.

courage reposted

Not sure who needs to hear this, but the Insurrection Act isn’t the same as “martial law.” It authorizes the molitary to engage in civil law enforcement. And not clear that even then, whether they can enforce state criminal laws

If Trump declares an insurrection in Minnesota and sends in regular troops and then Walz declares an emergency and sends in the national guard, what happens? What happens if Minnesota wants to arrest Good's killer for a state crime and the feds say no? I'd rather not have to ponder such things.

courage reposted

It's so fucking convenient that they get to "fear for their lives" anytime they want to absolve themselves of anything and when we actually fear for our lives because of them and do anything a scared person would do it's justification for our death.

"Right, as the world goes, is only in question between equals in power, while the strong do what they can and the weak suffer what they must." Thucydides in 430-410 BCE. We've come so far since then.

courage reposted

Apparently Americans need to be reminded yet again that we have never suspended elections during a war. Lincoln was reelected during the Civil War (a large part of why we have absentee voting), FDR during WW2. It's never been true, and scaring folks with untrue things makes you not a good person.

courage reposted

I regret to inform you there’s a new post telling us we’re rubes who’ve missed the obvious & clear meaning of the Const’n for a century. This is the type of post you make when your goal is to juice engagement from those who want nothing more than to be told their policy goals are const’l commands.

courage reposted

What I always hear: “We can’t afford to pay our workers more than $15 an hour.” What I never hear: “We can’t afford to pay our CEO millions of dollars a year.” Funny how that works.

SCOTUS's order on the application for stay in Trump v. Illinois is good, but also worrying in that it's tentative and the concurrence and dissents argue that POTUS has the authority to deploy the regular military in the U.S. for "protective purposes" without reference to the Posse Comitatus Act.

Because protective functions - the actual phrasing - isn't in and of itself the execution of laws, which is the phrasing of Posse Comitatus, or so they say. Protective functions require the execution of laws, as I see it. But still worry, as the next test will come with the Insurrection Act.

What no one seems to get is that any mention of Trump in the Epstein files is almost per se a national security risk. Everything can and probably should be (according to the law that he ignores) be classified. Not saying he's not already a risk, but just trying to display a rationale for redaction.

POTUS starting an unauthorized and undeclared war is as American as apple pie. We lost that battle at least since Truman, unfortunately. Yes, I suffer from Truman Derangement Syndrome. A haberdasher in control of the nukes? Come on.

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