Firthermor

@firthermor

Mid-Atlantic nature. Natural world. Photography. Plays with words. Grovers Mill Martian invasion survivor 😉. Popular sovereignty, voting rights, democracy, and good governance stan.

2437 Siguiendo976 Seguidores7888 Publicaciones

YouTube Bluesky

¿Es tu perfil?Reclámalo y firthermor.dirty.social es tuyo.Reclamar perfil

Firthermor@firthermor· 16d

The theory of constitutional disgorgement developed in this Article rests on a simple but powerful foundation. An officeholder who receives an emolument in violation of the Constitution has been unjustly enriched. The enrichment is "unjust" because the Constitution itself declares it unlawful. The appropriate remedy is disgorgement of the net profits from the unconstitutional receipt. This theory is consistent with the equitable tradition of stripping profits from faithless fiduciaries, with the Restatement (Third)'s framework for disgorgement of profits from conscious wrongdoing, and with the Supreme Court's limiting principles in Liu: disgorgement is limited to net profits and is awarded for the benefit of the "victim"-which, in the emoluments context, is the public whose interest in uncorrupted governance the Clauses protect.[EN309]

To operationalize this theory, this Article has proposed the Emoluments Accountability and Disgorgement Act—a statutory framework that resolves the standing problem by designating authorized plaintiffs, provides clear definitions and procedures for disgorgement actions, reforms the congressional consent mechanism, and establishes a limitations period with tolling during the officeholder's term. The proposed statute is within Congress's constitutional authority under the Necessary and Proper Clause and its inherent power to enforce structural constitutional provisions. It is designed to work in conjunction with, not in replacement of, existing enforcement mechanisms: impeachment, criminal prosecution, and political accountability remain available, but disgorgement provides a civil remedy that addresses the specific economic dimension of emoluments violations.

Firthermor@firthermor· 16d

He may be endorsing a plan that might short him in the number of votes he gets. 🤣 bsky.app/profile/rach...

For 2024, the highest-paid CEO was Shopify Inc's Tobi Lutke, who took home $205.5 million in total compensation. His pay was entirely linked to stock and options awards as his base salary is a single dollar.

Firthermor@firthermor· 25d

“The central question is how to constrain a political and partisan body with no political accountability that writes and re-writes the rules under which American democracy operates. … is for court reformers to recognize that the justices are not doing the work of judges but of politicians.”

Ending life tenure, imposing a binding ethics code, and legislation making it more difficult for the justices to strike down laws should be the starting points of serious reform efforts.
The country needs to have a conversation along these lines to save itself from arbitrary rule by a governing body of elite, unelected, life-tenured former lawyers whom we mistakenly call judges but are just another set of government officials who wield far too much power and influence but without any political accountability. No constitutional representative government should house such a dangerous institution.

Firthermor@firthermor· 25d

The activation of the court is another indication of the Trump administration seeking to maximize its deportation authority in unprecedented ways. Though the court has never been used, its existence became an obstacle for the administration last year, when the administration sought to abruptly deport more than 100 Venezuelan nationals by labeling them members of Tren de Aragua, a transnational gang that Trump deemed a terrorist organization.

At the time, U.S. District Judge James Boasberg noted that the existence of the court seemed to suggest the administration could not simply deport people it labeled terrorists without the involvement of any court.

"In fact, Congress has an answer for us, doesn't it? Because they created the Alien Terrorist Removal Court," he said. "You can always go to the ATRC, which would be a first, but that's what it's there for, right?"

Firthermor@firthermor· 25d

Trump does like to enrich himself using government property and resources. “And that is not Trump's personal property; that's information about actions taken by the president, or will be taken by the president, …, or information in the president's possession due to his governmental role.”

Well, if Trump's public pronouncements are his own personal property, he can sell information about them or do whatever he likes with them. (Except if they're about tender offers). But in this case, his public pronouncements are only material
information about securities because they are potentially about government policy - actions that have been taken, will be taken, and so forth. And that is not Trump's personal property; that's information about actions taken by the president, or will be taken by the president, or contemplated by the president, or information in the president's possession due to his governmental role. It's "material, nonpublic information derived from such person's position as an executive branch employee," and Trump is not allowed to trade on it, or tip others in exchange for personal profit.

Firthermor@firthermor· 27d

The legislative proposal seeks to create a new section of federal law allowing the defense secretary to exempt certain
"controlled unclassified information," or
CUI, from disclosure under the Freedom of Information Act if the U.S. military determines the records concern national defense vulnerabilities and concludes that the harm from disclosure outweighs the public interest.

Firthermor@firthermor· 27d

“The court's decision also offers a rare view into how the government seeks to use cell-site simulators during law enforcement investigations, which includes surveilling people who have no connection to crime.”

It's unclear which federal agency brought the warrant application, dated June 15, 2026, as much of the docket remains sealed from public view, nor did the magistrate judge disclose the agency.

The court's decision also offers a rare view into how the government seeks to use cell-site simulators during law enforcement investigations, which includes surveilling people who have no connection to crime. It's not known how many similar warrants the government has sought across the U.S. and how many have been granted.

Firthermor@firthermor· 27d

Throughout the hearings, just like it was throughout the entire term. “Throughout the hearings, however, the justices did not seem to appreciate their responsibility to the public, or their role as a co-equal—and not superior—branch of government.”

Perhaps the simplest example of the Court's resistance to accountability is the infrequency with which justices testify before Congress. As Maryland Democratic Representative Steny Hoyer noted, hearings like today's "used to be the norm": At least one sitting justice appeared before Congress every year from 1960 through 20ll. But today's hearings were the first time a justice has testified before Congress since 2019. In 2023, Senate Judiciary Chairman Dick Durbin asked Chief Justice Roberts to testify at a hearing about judicial ethics. Roberts declined.

Firthermor@firthermor· Jul 2

“It dates back to the early 1870s and Reconstruction, when white terrorists were attempting to oust democratically elected Black officials as well as white politicians who did not support their violent anti-Black agenda.”

The usurper law allows the state to remove officials from office who recognize or otherwise acknowledge or assist any official the state deems as illegitimate. It dates back to the early 1870s and Reconstruction, when white terrorists were attempting to oust democratically elected Black officials as well as white politicians who did not support their violent anti-Black agenda.

investigation into letters Murrill sent the city officials in May threatening to use the state's
"usurper law" after the council approved a measure to set an election for the newly created clerk of court position in the city.

The legislature created the job by combining the clerks of criminal and civil courts as part of Gov. Jeff Landry's effort to block Calvin Duncan, a formerly incarcerated Black New Orleanian who was wrongfully convicted, of taking his duly elected office as clerk of criminal court.

Firthermor@firthermor· Jul 2

Brownsville Energy Storage Terminals is a real LLC. But everything on its website — from its history of the company, to its job postings, a diversity and inclusion policy - appears to be fictional. But perhaps more troubling is that Google, the proprietor of the world's primary research tool, has rolled out AI Overviews that can indiscriminately take in fake material and authoritatively spit it back out as real.

Firthermor@firthermor· Jun 30

At least they still have 44 U.S.C. 3502(5). 🤣

(5) the term "independent regulatory agen-cy" means the Board of Governors of the Federal Reserve System, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Energy Regulatory Commission, the Federal Housing Finance Agency, the Federal Maritime Commission, the Federal Trade Commission, the Interstate Commerce Commission, the Mine Enforcement Safety and Health Review Commission, the National Labor Relations Board, the Nuclear Regulatory Commission, the Occupational Safety and Health Review Commis-sion, the Postal Regulatory Commission, the Securities and Exchange Commission, the Bureau of Consumer Financial Protection, the Office of Financial Research, Office of the Comptroller of the Currency, and any other similar agency designated by statute as a Federal independent regulatory agency or com-mission;

Firthermor@firthermor· Jun 22

That ruling found that in the states covered by the 8th U.S. Circuit Court of Appeals - Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota — private individuals and groups do not have the right to sue to enforce what's known as Section 208 of the Voting Rights Act, which generally allows voters with a disability or inability to read or write to get help with voting from a person of their choice.

Firthermor@firthermor· Jun 19

$It is the latest dip in the deteriorating relationship between the once-close leaders and a further fracture between the US and its European allies, coming after signs of repair at the G7 summit this week in France. In an interview with Italy's La7 TV, Trump claimed Meloni had "begged" him for a photo at the summit, and he obliged because he felt sorry for her, according to a dubbed Italian translation posted by the outlet. Meloni refuted the comments in a sharply worded video posted on Friday morning, saying they deserved "an immediate response." "Donald Trump's statements are completely fabricated. I'm frankly shocked. I don't know why the president of the United States behaves this way towards his own allies, and it's not the first time it's happened," she said in the video posted on X.$

Firthermor@firthermor· Jun 19

Greenwater Services is considering rebranding as Tribble Algae.

Star Trek episode card (not for a real episode) with the title “The Trouble with Tribble Algae”

Firthermor@firthermor· Jun 13

“For a long time I've been thinking about doing a series about the concept of a "hierarchy of finance". This phrase refers to the fact that different households and institutions have access to financing for their current-or desired-activities, at both different quantities and qualities.”

Firthermor@firthermor· Jun 5

"We're up to over 22,000 species of everything that has been documented here in the Smokies," Kuhn said. More than 1,000 of them documented since 1998 are new to science, a number believed to just scratch the surface. "That is maybe a third to a quarter of the actual diversity here."

Finding a new species might seem like a rare joy, but it happens regularly, Kuhn says. Larger, charismatic species are well documented, but little ones, such as mites, mosses, and microscopic plankton-like rotifers are often understudied.

Firthermor@firthermor· Jun 4

Subsection 2(c) of the WPA feel neglected. avalon.law.yale.edu/20th_century...

(c) The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

Firthermor@firthermor· May 23

Episode title “Subject to the Jurisdiction Thereof” superimposed on the USS Enterprise orbiting a planet.

Firthermor@firthermor· May 23

“No Second Stardate” episode title superimposed on the USS Enterprise orbiting a planet.

Firthermor@firthermor· May 23

“The Trouble with Jar Jar” episode name superimposed on the USS Enterprise orbiting a planet.

Firthermor@firthermor· May 20

Buy 1,279 Cybertrucks and get Twitter’s outstanding debt for free. 😉 www.ft.com/content/f4bc...

SpaceX, the Musk-led rocket and satellite maker, accounted for 1,279 - or more than 18% - of the 7,071 Cybertrucks registered in the US during the fourth quarter, according to registration data that S&P Global Mobility provided to Bloomberg News. The billionaire's other ventures acquired another 60 vehicles during those months.

Firthermor@firthermor· May 20

2/ georgiarecorder.com/2022/04/22/m...

They pointed to a Jan. 5 interview in which Greene predicted a "1776 moment" the following day.

Attorney Andrew Celli sought to convince the judge that, because 1776 was the year the Declaration of Independence was signed, a pivotal step in the split from England, far-right activists use the number to refer to violent action against governments they also view as tyrannical like that of President Joe Biden.

Firthermor@firthermor· May 18

As part of the oversight Congress needs to do more of, justices should be asked pointedly about when they make up facts, when they take anti-constitutional positions, when they effectively amend the Constitution, their use of the shadow docket, & their inconsistencies indicative of partisanship.

The exchange, which is archived on C-SPAN's website, is worth noting for what it reveals about the norms of the era: a sitting justice appeared at a scheduled hearing, fielded pointed questions from a member of Congress about the Court's most controversial recent ruling, and responded in a public forum. That kind of discussion would be difficult to replicate today. The routine of appearing before Congress did not just facilitate budget oversight; it also created a setting in which justices could be asked difficult questions and could demonstrate a willingness to engage with the political branches on terms beyond the Court's own choosing.

Firthermor@firthermor· May 9

“A new Voting Rights Act could define partisan and racial gerrymandering in terms of its effects. There are clear, neutral ways to identify these offenses.”

Firthermor@firthermor· May 8

MTN
MEIDASTOUCHNETWORK
Meidas Touch • @meidastouch.com
NEWS: Virginia Dems have filed a motion asking the Supreme Court of Virginia to delay issuing its mandate striking down the congressional redistricting referendum.
The filing states the Commonwealth intends to file an emergency petition with the U.S.
Supreme Court of seeking review of the decision.

Firthermor@firthermor· May 1

The gains since the passage of the Voting Rights Act, shown below, are likely to be reversed in both the selected southern states and the other states as districts favorable to electing Black Representatives are gerrymandered in favor of other gains. donmoynihan.substack.com/p/power-demo...

A graph showing the number of Black U.S. House members over time. A line shows the signing of the Voting Rights Act in 1965. There is a dramatic increase in the number of Representatives for select southern states (from zero in 1965) and for all other states.

Text:
The VRA increased Black political |
...which in turn increased Black economic power by opening up previously barred avenues, like public employment.

Note: Select Southern states are Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas and Virginia. The New York Times
'20

Firthermor@firthermor· Apr 30

It is antithetical to democracy for the State to have objectives such as partisan advantage and protecting incumbents being given primacy, which is what SCOTUS has done.

partisan gerrymandering, Justice Alito essentially welcomes the practice: "A plaintiff may carry its disentanglement burden by offering an alternative map that achieves all the State's objectives— including partisan advantage and any of the State's other political goals—at least as well as the State's map." Partisan gerrymandering—or any other political goal such as protecting incumbents-has become an absolute defense to any claim under Section 2 of the Voting Rights Act. It is now, the Court wrote, "a
constitutionally permissible criterion that States may rely on as desired."

Firthermor@firthermor· Apr 29

Collins and her Congressional peers need to be reminded of section (c). uscode.house.gov/view.xhtml?p...

(c) Presidential executive power as Commander-in-Chief; limitation
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
(Pub. L. 93-148, §2, Nov. 7, 1973, 87 Stat. 555.)

Firthermor@firthermor· Apr 20

Let’s see if it is repeatable. 😉

Book cover with a picture of Rod Serling in front of a glowing turquoise door-shaped portal framed in a brighter shade. The turquoise light bleeds out past the frame of the portal.

SERLING
A JOURNEY INTO
THE TWILIGHT ZONE WITH TV'S FIRST VISIONARY by ALAN SEPINWALL

Firthermor@firthermor· Apr 7

Since Bovino was appointed to a position by the head of a department—Thanks, Noem (derogatory)—Bovino falls within the general view as to who is impeachable without pushing the boundaries of impeachment, per a Congressional Research Service report. 👇 www.everycrsreport.com/reports/98-1...