Paul Gowder
@gowder
Prof @ Northwestern law, political theorist, cat parent. Black lives matter. Profile, pubs, etc: All my books (rule of law, racial justice, platform governance) are downloadable in free open access pdf @
I guess you could argue that they stipulated to this stuff in order to tee up the pure legal claim that they have the power to do so notwithstanding the first amendment without having to litigate a factual dispute, but that would be a very weird strategy even for this DOJ...
Every single democrat running for Congress needs to be running "Trump just promised to double the cost of your medicine" ads from here until November
Is there anyone else who finds this shockingly offensive? United would be perfectly capable of making charitable donations to Malala or whomever. Instead, it asks its customers to give up their frequent filer miles to bribe it to make donations in some indeterminate amount. WTF.
If you'll recall, some of us pointed out that Wurman's arguments rested on a bigoted imaginary of immigrants last year
Doing a 4 day mini-introducer to torts for some international LLM students next week and I have to apologize for Americans. (Context: Katko v. Briney is a spring gun case. Only Americans would come up with spring guns to defend MUH PROPERTY)
Judge Williams recognizes that the trump/irs settlement was patent collusive bullshit. Love this for America (can't wait for SCOTUS to ruin it on the shadow corruption docket) storage.courtlistener.com/recap/gov.us...
One of these two creatures can eat basically anything except garlic, raw and possibly still wriggling. The other would die if any other species looked at it funny. Evolutionary advantage: kitty.
When McConnell is finally dragged out in a bag at some convenient time to maximize undemocratic power in the Republican Party, he should be remembered for the time in 2015 where he got sufficiently rolled by Obama on some budget thing that the maniacs in his own party put this poster up in dc
The best faculty perk is library book deliveries, but it’s a bit dangerous when you‘re in the midst of huge writing projects and also out of the office for an extended period
he really is gonna get himself excommunicated before this abomination of a presidency is over isn't he?
Today, incidentally, he'd get doxxed and fired for not running an ideologically neutral classroom (From the Wikipedia page, en.wikipedia.org/wiki/Joshua_... )
You may think, "surely he can't be serious about the foreign slaves bit" but I have the book right here. The deranged interpretation of "subject to the jurisdiction" he puts in that op-ed is what he seems to think leads him to being cool with tourist slavery
4. Therefore the 14th amendment‘s birthright clause is for some insane reason LIMITED BY THE SCOPE OF ELIGIBILITY WHICHEVER NATURALIZATION LAWS CONGRESS HAS ENACTED (????), making Wong Kim Ark wrong (!?!??!) This is psychotically insane. For one reason, it would seem to follow that Congress could,
3. The 14th Amendment uses two different formulations of jurisdiction, which arguably could mean different things (sure), therefore, for **no discernible reason**, we have to read the racist naturalization acts to constrain the meaning of one of those uses
that proposition is obviously incoherent, but then it somehow leads to: 2. The racial restrictions in the 1870 naturalization acts are relevant in interpreting the 14th Amendment’s grant of citizenship by birth (HOW, RICHARD??? Naturalization and jus soli are DIFFERENT PATHS TO CITIZENSHIP)
Like, as best I can discern, his argument is as follows: 1. The U.S. didn’t adopt the british common law of citizenship by birth because, unlike the U.K., which required parliament to decide on naturalization , the U.S. required Congress to decide on naturalization (HUH WTF?)
Our press person managed to screenshot me in full “Christ I’m sick of having to talk about republicans”
soooo... did ̶G̶r̶í̶m̶a̶ ̶W̶o̶r̶m̶t̶o̶n̶g̶u̶e̶ Stephen Miller tell Trump that Kavanaugh wrote the majority opinion?
Alito also just fully embraces the batshit insane view that whether someone is born subject to the jurisdiction of the U.S. depends on foreign countries’ law. Some foreign legislature has the opportunity to do something really funny here…
It’s also kind of funny that Alito and Thomas are at complete cross-purposes. There’s basically no theory of the 14th amendment that can support both this passage from Alito and Thomas’s whole “domicile” fetish.
Ok Clarence so explain the alien enemies act then, which seems to be premised on the supposition that foreigners regardless of whether or not they had a “domicile” here might still be loyal to their home countries. Huh? Huh? Crickets?
This is an… interesting interpretation of how things stood in the antebellum U.S. Does he suppose that a person could just move here and be treated, for all intents and purposes, the same as a citizen?
is Justice Thomas going to bother explaining how this logic works with things like the U.S.’s infamous policy of inflicting extraterritorial taxation on its citizens who live abroad?