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Joined 5 months ago
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Cake day: February 15th, 2024

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  • This is a weird power grab from the court. Chevron already allows that the courts can decide what Congressional intent it. The deference to agencies only comes once they determine the law is ambiguous. In a different world, where we had expert courts full of engineers and analysts, this might even produce better results than the current system, but we do not, and Judges opining on technical fields are probably the only thing worse than engineers opining on the use of language, LOL.

    I suppose if Trump wins and guts the career professionals in the executive branch and replaces them with partisan hacks at every level, we could end up glad this ruling happened, but agencies already had to act with a certain respect for internal rules and “reasonableness”. What’s more likely is that this SCOTUS will make sure it passes the final word on every significant regulatory question that arises in the next 20 years, and somehow magically the status quo that was being abused will become the law, even when it has only the thinnest threads of non-technical justification. Or worse, everything is now up for re-litigation and nobody knows WTF anything will mean anymore.



  • This is very specifically how Oklahoma’s AG sold their case against the religious charter school.

    [Oklahoma AG Gentner Drummond] said allowing a school like St. Isidore would open the door for state-funded schools to teach other religious beliefs, such as Sharia law or Satanism.

    “While I understand that the Governor and other politicians are disappointed with this outcome, I hope that the people of Oklahoma can rejoice that they will not be compelled to fund radical religious schools that violate their faith,” Drummond said.


  • I wish the Dems had felt more confident in 2020, or that Kamala Harris had proven to be a more vibrant personality able to take the reins in 2024. I wish the Overton window in the US were farther to the left. But that’s not the fight in front of us; we are where we are.

    I don’t think anybody denies that Biden is in physical and a sort of general mental decline. He’s old AF. I tend to think “turning it on” just takes a lot out of him and maybe requires a couple of days of R&R which you don’t normally get as president, but I would hardly be surprised if they give him a little chemical helper sometimes. If taking a stimulant just makes you feisty and articulate and able to pop off a solid State of the Union speech then, again, that just speaks to your being old. Someone who literally doesn’t know what they’re doing will be the same idiot, but higher energy…

    You know, like Trump.



  • Fair; I guess I should have run some data. I just used gasbuddy.com to run a similar track for what would have been my rather lengthy commute if my employer had asked us to return to office (and kept the lease on that building). Apart from a couple of outliers just outside the Dallas-Fort Worth airport, I’m only getting an 8% variance (about USD 0.23/gallon, versus your 25% and AUD 0.55/litre – is that right?).

    That said, Iwill admit that $0.10/gallon suboptimal average price is probably more likely than I thought, though with a less intense driving situation one would still be well under the $260/year “convenience premium.” Outside the US and other oil-subsidizing countries, the numbers clearly work out very differently.


  • the lens of his that stare decisis is a poor doctrine

    I can imagine an abhorrent precedent like Dredd Scott leaving a bad taste in a young black lawyer’s mind, but it’s certainly an odd way to approach jurisprudence in a common law country, and it’s a pretty shit way to regulate a complicated body of law that relies on litigation for clarity. Combine it with a simplistic version of originalism once stare decisis is discarded, and I stand by my statement: bafflingly literal and lazy, and I’ll add arrogant. “I know best, the entire body of built up law that came before me is without value, and the decisions that real people make under their influence are gauze in the wind.” It invites constant relitigation and enables the most extreme kind of judicial activism while claiming to be above that fray.


  • I haven’t kept up with his output, but when I was studying SCOTUS cases years and years ago, his opinions, mostly dissents or concurrences back in those days, were just bafflingly literal and lazy. Shit like, “I would declare the government’s actions unconstitutional because they’re regulating cars and the word ‘car’ is not in the Constitution.”

    I can’t believe his thread of, I won’t even call it originalism, more like historical-context-free literalist textualism, has gained any traction.


  • IIRC, Plato puts almost everything of substance into Socrates’ voice. Similarly, there are multiple versions of Homer, multiple versions of Gilgamesh, even multiple extant texts of Shakespeare, to say nothing of the sources he lifted from shamelessly. Hell, the Christian Bible collects four variations on the life of Jesus, not completely consistent with each other and super different from quite a few narratives that didn’t make the cut when they decided on a single library to collect as “The Bible.”

    This is also a very clever meta way for Miller to tell the nerds to calm down. I actually find it really interesting how the people who can create compelling stories are often among the least fixated on telling consistent ones.



  • People are weird about gasoline. They’ll drive around looking for the cheapest option, to save 2 cents/gallon. Even with a huge tank, that’s less than 50 cents of total savings.

    Bless 'em for keeping the price pressure on, but this is so very true. Once I ran a couple of mental hypotheticals, I stopped giving a shit, beyond avoiding places right by airports that jack it up a dollar or more (Las Vegas and especially Orlando, with lots of tourists in rentals, are the worst offenders I’ve seen).

    For a pretty extreme example consider, as you say, a large 25-gal tank, and filling up from dry twice a week, at an average of $0.10/gal non-optimal price: you pay an annual premium of $260 bucks not to drive yourself batty hunting for pennies, and burning at least a tiny bit more fuel to do it. Most people will pay far less. It’s just this weird thing that stuck in people’s brains long past the point where a cent increase was any significant percentage of the fuel purchase.









  • SCOTUS keeps punting because of the politics, but pretty soon here they’re going to have to take these immigration cases on the merits. For a million very practical reasons, foreign affairs among them, immigration is a federal issue, and the states are obligated to deal with anyone that the Feds let in or decline to remove. Some of the “gotcha” bullshit technicalities in the border states (i.e. trespassing charges) might hold up, but in even this court isn’t gonna let fuckin’ IOWA, 400 miles from Canada and 800 from Mexico, explicitly take up immigration enforcement with no legal fiction that they’re doing anything else. While they are partisan in a way that’s more obvious than ever, they aren’t quite Aileen Cannon level hacks (Thomas possibly excepted, who was basically a joke as a jurist when I was in law school, unlike someone like Scalia) who can’t follow a thread of caselaw and see how it will eventually affect their pet causes.