No one is a completely objective conduit of a judicial philosophy and the law. Not least because judicial philosophies are subjective positions. Declaring a judicial philosophy, “originalism” for example, is declaring a subjective position. And there’s no value to espousing…
Hate: Not Good, Not Fun, But Legal
Having Freedom of Conscience means the State cannot outlaw Hate Crimes, because it cannot make law based on motivations. Otherwise, the State gets into the business of determining what motivations are acceptible. And frankly no State can be trusted with…
You Should Read This: Authoritarian Nightmare
Back in February I posted You Need To Read This: The Authoritarians, where I suggested that book as absolutely necessary to understanding politics in the U.S. today. Today, I think you should read Authoritarian Nightmare: Trump and His Followers. This…
Sovereign Immunity: Bad Thinking Leads To Bad Law
We’re starting to see a rise in use of the phrase “sovereign immunity” over the past few days, since Attorney General Barr decided to try to use it to make a defamation case against Trump go away. Really; that’s not…
Lowe’s And SARS-Cov-2: Good Policy, Bad Follow-through
So I was just at the local Lowe’s, because staying properly isolated during a pandemic involves a surprising number of trips to the hardware store on account of all the home-based projects that I’m getting done this summer, and I…
Executive Oversight: Gonna Keep Bangin’ That Drum
I’ve been on about this since one of the first posts on this blog (Failed Constitution Check: Executive Oversight): The United States has no effective oversight of the Executive branch. None. Zip. Zilch. Nada. Witness the ongoing festival of Hatch…
Good One, Gavin: Now Apologize For Making It Necessary
So, as Wonkette subtly points out in Gavin Newsom: Better Part Of Valor Is SHUTTING CALIFORNIA THE F*CK BACK DOWN, we’re putting the brakes on our brief dalliance with reopening public gathering places in the midst of a pandemic. So,…
Just Sayin’: How A Democracy Would Organize Its Military
Not as a miniature bubble of autocracy, that’s for sure. What sane democracy would centralize its most dangerous weaponry under the control of the citizens least in tune with its societal values? Seriously: the United States’ military as currently constituted…
Oh Noes: Mah WordPress Is H4xx0r3d
Apparently this blog, having only barely squeaked past 1000 unique visitors for the first time last month (according to awstats, at least) and even with my posting having dropped off dramatically what with the kids being stuck at home full-time…
Re-opening Your Business: There’s An App For That
So, my local county has decided to require a cell phone app for employees of “non-essential” businesses. Ugh. Just, ugh. First, this is exactly what I was saying is the wrong approach a few weeks ago in Don’t Get Comfortable:…