Russell Steinthal

Russell Steinthal

@steintr.bsky.social

Antitrust lawyer, computer nerd, long-suffering Mets/Jets fan Watching NYC area weather via WatchedSky: 🌩️👀 xEqdwWB2srp6

429 followers936 following2.1K posts

With NM replacing IA as an early 2028 primary, Democratic (at least) presidential candidates can go from having nuanced positions on ethanol mandates to . . . whether the federal government should respect the states' sovereign authority to name themselves?

Am I the only person who worries that some unholy combination of Purcell and the "Independent State Legislature" theory (notwithstanding Moore v. Harper) will emerge to block the Missouri Supreme Court redistricting ruling?

Changing district lines between the primary and GE might be just enough pre-election chaos to smooth the jump of Purcell to state courts, whatever the doctrinal problems with that (or correctness of the MO Supreme Court decision as a matter of MO law)...

I find it interesting that I get block notifications weeks after I've posted anything. Presumably people reading old posts and deciding they don't want to read more from me, which is entirely fine, but it breaks any sense of what the cause was. Oh well. Just an interesting Bluesky phenomenon.

The suspect being a guest at the hotel would answer a number of questions about the outer perimeter. Unless they are going to clear the whole hotel, it's hard to see how they mitigate that risk (of getting past the outer ring).

E.g. SecDef has not taken a "constitutional oath . . . to the best of his ability, preserve, protect, and defend the Constitution of the United States," and does not have a "constitutional duty to take care that the laws be faithfully executed." (The PCA would like a word w/r/t the latter.)

He does, however, need to follow the law himself and ensure his subordinates do, which is the gist of several of the other articles, and his conduct undoubtedly "warrants impeachment and trial, and removal from office." (Among many other civil officers of the United States of whom that is true.)

I would really like to live in a time when I can stop learning news from the gabbai announcing that we're adding tehillim because of a war started after Shabbat began...

As a lifelong Mets fan whose son would also consider being an Orioles fan now (if he knew where Baltimore was), this hits hard but true...

Roger Cormier@themetsnewsletter.com

John Oliver on his son's Mets fandom and how the Mets are actually very British.

This is a remarkable doc in so many ways, from the seemingly casual non-compliance w/ release orders, to the lack of resources/process at the USAO to deal w/ habeas petitions, to the gov't atty's candid statement that she shares the court's concerns b/c she "is not white" & her family is at risk.

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I don't know if it's even fair to say that "I built it.". I certainly didn't code it. I have no idea how this would translate to a more complex project. I'm not even sure it was "enjoyable" as such. But it's definitely eye opening to watch and think about as a technology.

An hour later, I have a working game with an interface I've tweaked, an auto-play mode for the impatient, etc. The game itself is still basically pointless (as IRL), but the experience of watching the system code it itself with human feedback is fascinating and, l'll admit, a bit unnerving.

I'm not necessarily complaining, but the #Mets' strategy of improving their defense by signing players to play positions that they have never played before, thereby displacing other players into positions they haven't played is . . . interesting . . . .

Several posts I've seen this afternoon/evening have me considering writing a bot to periodically repost the Bluesky Miranda warning: everything you post here can and will be used against you (and probably taken out of context to boot)...

Genuine question for mil/legal experts: even if we accept that, in general, individual SMs don't get to second-guess the political decision to use force (or its constitutionality), would an order to attack a NATO ally (e.g. invade Greenland) be an unlawful order for UCMJ purposes?

Put differently, is the Senate-ratified North Atlantic Treaty situated any differently from a legal perspective than more general jus ad bello rules? (I realize the UN Charter is similarly a duly-ratified treaty, so this question probably applies to VZ as well, but let's take the "easier" case.)

When I see a headline in my inbox "Inside Trump's Decision to Remove Maduro," I can't help but think that it was a short leap (at least in his head/the Administration's view) from arbitrarily removing executive officials in the US to doing it in other countries. Hemispheric Unitary Executive Theory.

I don't know if Amazon is using some sort of automated system to generate its TNF "Rapid Recap" video, but the fact that it cuts directly from the SEA TD to make it 30-28, then the "incomplete" 2-point conversion, and then to it being 30-30 without showing the replay decision is very confusing...

Very good points. Another opportunity for the Court to show that equity matters even apart from the substance.

Michael Li (李之樸)@mcpli.bsky.social

We’ll see what happens at SCOTUS with the Texas redistricting appeal, but one important contextual thing is that Texas is *not* being ordered to use a court-drawn map or a map that it drew only under duress. It is being ordered to use its *own* GOP drawn 2021 map. #txlege

Ship has probably sailed, but does the logic of CASA v. Trump also apply to facial challenges to criminal laws? If Cong were, e.g., to repass the Sedition Act, would there be any ability to bring a pre-enforcement 1A challenge or would defs have to assert the defense individually until SCOTUS ruled?

How is the second phase of the Qatari place grift supposed to be legal even on its own terms? Aren't gifts to Presidential Libraries the property of the United States anyway? (Just as with Presidential gifts received during an Administration and not purchased by the previous POTUS at market value.)

Genuine question: to the extent the Bureau of Prisons has statutory authority to designate the place of confinement for federal prisoners, is there a limitation that it has to be in the US? Subject to the 8A, could BOP just decide that some prisoners are, for reasons, best sent abroad?

I'll assume that CECOT would likely create 8A conditions of confinement issues, but put those aside for the moment. If BOP wanted to transfer prisoners to, e.g. Norway, could it do so? I can't imagine that was anyone's intent in adopting current law, but the Admin obv doesn't care about that.

(Note that I'm aware of the ironic example of the First Step Act that Trump signed, which imposes a presumption in favor of incarceration < 500 miles from the inmate's place of residence. But that's subject to, e.g., bed availability, security level, etc.)

If the WH imposes tariffs with immediate effect, does that mean stuff just sits at customs until people figure out what the new rates are and pay them? Is there a rule for the exact moment when they become due? Whether the goods touch US soil before POTUS (or relevant Sec'y) signs his name?

I don't want to ignore the real, immediate harm done to those whom the US has illegally removed to El Salvador. But to ask a broader legal q: if it's the Gov't's view that habeas jx disappars as soon as they transfer someone to a foreign sovereign's custody, what's the limiting principle? /1