Owen Barcala

storage.courtlistener.com#63 in United States of America v. State of California, et al. (9th Cir., 26-7070) – CourtListener.comORDER FOR PUBLICATION FILED. (Mark J. BENNETT, Patrick J. BUMATAY, Gabriel P. SANCHEZ) (Concurrence by Judge BENNETT; Concurrence by Judge SANCHEZ; Dissent by Judge BUMATAY) [SEE ORDER FOR FULL TEXT] ...

21m

So if you're following, DOJ's theory here is they can file an initial complaint with probable cause based on incorrect facts, then file a superseding complaint that removes those facts and proceed without probable cause. Novel indeed.

Anna Bower@annabower.bsky.social

DOJ: What we filed is superseding complaint. The way we read the rules -- I admit it's novel -- I had not done this before. Our reading is that to issue a superseding complaint, that does not require probable cause. If we were seeking an arrest warrant, it would.

Owen Barcala reposted

Kyle Cheney

@kyledcheney.bsky.social

18h

BREAKING: The 9th Circuit rules 2-1 to dismiss DOJ's effort to force California to remove 20,000 purported noncitizens from the voter rolls based on data CA officials view as faulty. Majority: Bennett (Trump) Sanchez (Biden) Minority: Bumatay (Trump) storage.courtlistener.com/recap/gov.us...

Philip Bump@pbump.com

Even if this were viable as a concept (that there's an afterlife; that it allows conversations with others; that enslavers are going the same place as you), who cares? Oh, are you mad at me, Ben Franklin? Tough shit.

We have the award in the second Meta trial in New Mexico. It's 20 pages, but the short story is the court awarded the full amount of $219 billion and then immediately reduced it to $25 billion for unexplained reasons

They got to the $35-$40 billion figure by taking the prior largest verdict ($10.5B) in today's dollars ($32.6B) and telling the court it should put some sugar on top so Meta really gets it

I'm sure the 47 other state AGs are kicking themselves for settling for only $17B split between all of them

I know the lawyer arguing for the state and this is such a her thing to do "Just so it's not a surprise, I am going to ask you to award the largest verdict ever in the United States against Meta."

Here is part of the discussion where the State conceded that $219 was too much, but the court should award it and then remit. "[T]his may surprise you again to see that I -- I don't think that due process would support a $219 billion verdict."

I *think* what happened with the award reduction is that the State urged the court to set the maximum penalty of $219 billion to send a message, but then adjust it to what the court thought was fair. Seems kind of odd, but this is the conclusion on that brief.

This from Meta's supplemental brief seems to confirm that the State conceded $219 billion would be a due process problem and said the court should simply remit it

The judge obviously took the misconduct very seriously and at several points stresses that the harm is real. Here is the discussion leading up to the award finding.

For context, the State basically requested at least $40 billion, whereas Facebook was urging no more than $3.45 billion, so $25 sort of splits the baby. Middle would be $21.725 (Screenshot from the State's supplemental brief on penalties)

I've been watching a lot of Outlander recently (catching up with my wife) and I've had a strange urge to ask people if they ken. I assume this was a big affliction in like 2018.

The name of New Mexico is funny because it's one of those things that you'd think is really simple (oh, it's it used to be part of old Mexico, so we'll call it New Mexico!), but it's much more complex New Mexico as the name for the area predates Mexico by several hundred years!

Owen Barcala@obarcala.bsky.social

But, like, New America wouldn't make any sense because this is still the original America and... You know what, forget it

In 1598 the Spanish empire gave the expedition permission to settle in the Rio Grane Valley, and they established a colony they named Santa Fe de Nuevo Mexico, Holy Faith of New Mexico The area now known as Mexico was then still called New Spain

Rio Grande*, of course

Owen Barcala@obarcala.bsky.social

But, like, New America wouldn't make any sense because this is still the original America and... You know what, forget it

The monarchy that was established then started referring to itself as Imperio Mexico, the Mexican Empire, before the federal constitution in 1824 named it for the first time gave it name Estados Unido Mexicanos So New Mexico predates Mexico as a state name for about 260 years

That strikes me as a much more American origin for a name than this trumped up nonsense about New America

Owen Barcala@obarcala.bsky.social

But, like, New America wouldn't make any sense because this is still the original America and... You know what, forget it

When New Spain declared independence in 1813, it was the Acta Solemne de la Declaración de Independencia de la América Septentrional, referring to itself as America in the North or Northern America That was also in the 1821 Plan of Iguala that ratified, which refers to its people as Americans

Owen Barcala@obarcala.bsky.social

But, like, New America wouldn't make any sense because this is still the original America and... You know what, forget it

Mexico comes from the Nahuatl word Mēxihko, which is either the name for the valley where Tenōchtitlan was built or for the Aztec people who lived there (they debate which came first) After the Aztecs fell, the conquistadors moved north, looking for new rich cities to conquer—a new Mexico

But, like, New America wouldn't make any sense because this is still the original America and... You know what, forget it

George Pearkes@peark.es

omg

Getting Rule 11'd for refusing to sign under Rule 11. They're inventing new ways to get sanctioned.

Roger Parloff@rparloff.bsky.social

Judge Reyes is ordering Woodward to refile submission from last night with as many DOJ attys willing to sign it. J: DOJ attys: raise your hand if you youj're willing to sign it. Woodward: not an appropriate request. J: right now, for rule 11 purposes, which other attys willing to sign this brief /6

Missed this—about 2 weeks ago, Alec Baldwin lost his lawsuit against the state prosecutors who brought charges against him for the Rust shooting. Federal judge found the prosecutors were entitled to prosecutorial immunity.

I know I'm getting older because I'm incredibly frustrated by every app and program endlessly popping up to tell me about new features. Stop changing! I don't need new features! I need it to stay the way I've learned to use it!

Didn't realize Mike Collins sounds like the spokesman for off brand cereal made with colloidal silver

Aaron Rupar@atrupar.com

Ossoff: "You know I voted for the bill. You're not just lying about my record, you're lying about a young woman's death bc your campaign is in collapse. And you're campaign is in collapse bc the whole state knows that you're currently under federal investigation for illegal misuse of tax dollars."

I say I say I say, your body craves silver

Just yesterday Trump commented on what a great ass a male Senator has, do you really want to go down this road?

Aaron Rupar@atrupar.com

JD Vance: "I love you too sir. In a totally platonic way, to be clear. I'm the vice president, not James Talarico."

Internet is down in our building and they're doing construction on the floor above us, so it's a banner day for the practice of law

My reaction to the suggestion that I open some kind of book to figure out what the law is

Dump truck alert @sailormoondamus.gobirds.online

Aaron Rupar@atrupar.com

Trump on Jon Husted: "I don't do this with men very often. I started examining his body, because I didn't know he was a great athlete ... I looked at his ass"

Just discovered a reason to tidy up my files One of my more colorful partners bought some of these beeping devices and I can't find it among all my stacks of paperwork

I want to make a joke, but it's kind of sad at this point

Molly Roberts@mollyroberts.bsky.social

"More than being upset and furious right now, I am just beyond disappointed in the government. I have done everything humanly possible to give the government the benefit of the doubt in this case. I have done it repeatedly. I have done it for months."

"I'll trust the government." "Your Honor, they have beat people, fired people, deported people, all in violation--" "I. Will. Trust. The. Government."

Seeing those swan toppers on Bake Off

Ah yes, the standard Esterházy torta

Wings feel like cheating, but the top hat is just a regular cake

Seeing those swan toppers on Bake Off

Lemon AND raspberry, are you insane? That will pop their taste buds open

Realizing I have the same taste in suits as the president and vowing to change

derek guy@dieworkwear.bsky.social

Trump's suit appears to be part of Jos. A. Bank's Traveler line. The suit is listed as having been made abroad using a wool-polyester-spandex blend. The company describes it as having the "ultimate stretch" and was designed to minimize body odor.

storage.courtlistener.comMemorandum Opinion and Order AND ~Util - Terminate Motions – #136 in Silencer Shop Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives (N.D. Tex., 6:25-cv-00056) – CourtListener.comMEMORANDUM OPINION AND ORDER. Granting in part and denying in part cross-motions for summary judgment re: 48 ; 59 ; 117 ; 118 . (Ordered by Judge James Wesley Hendrix on 8/5/2026) (ada) (Entered: 08/0...

ATF just announced that they will no longer enforce NFA requirements for short barreled rifles or suppressors after deciding not to appeal this decision. www.atf.gov/news/press-r...

Owen Barcala@obarcala.bsky.social

Interesting opinion just out from NDTex—because Congress eliminated the NFA tax on short-barreled rifles and shotguns and on suppressors, the NFA restrictions on those items are no longer constitutional storage.courtlistener.com/recap/gov.us...

@chrisgeidner.bsky.social

There are about 15 states where the NFA restrictions still apply, however, due to state laws that require following the federal permitting process. So don't go out and buy a suppressor before checking.

Owen Barcala reposted

Chris Geidner

Beyond this thread, it should be noted that the Supreme Court did vacate the Ninth Circuit's order here — www.supremecourt.gov/Search.aspx?... — and Arizona proceeded to carry out one of the most horrifyingly botched executions in the modern era of executions. www.buzzfeednews.com/article/jimd...

Owen Barcala@obarcala.bsky.social

Considering the news, I want to share this dissent in the 9th Circuit, suggesting that maybe all executions should be by firing squad. "If we as a society want to carry out executions, we should be willing to face the fact that the state is committing a horrendous brutality on our behalf."

"Sure, firing squads can be messy, but if we are willing to carry out executions, we should not shield ourselves from the reality that we are shedding human blood. If we...cannot stomach the splatter from an execution carried out by firing squad, then we shouldn’t be carrying out executions at all."

cdn.ca9.uscourts.govcdn.ca9.uscourts.gov

This was a case where the inmate was attempting to get information on the drugs to be used, the source, the amounts, and who would administer them. The opinion's insistence that the execution method be "foolproof" seems pretty important given recent events cdn.ca9.uscourts.gov/datastore/op...