Max Kennerly
maxkennerly.bsky.social
Max Kennerly
@maxkennerly.bsky.social
Nearly 20 years in court as a law-talking guy for plaintiffs, now a mix of stuff. Posts too much about politics.

email [email protected]
A neat thing about birthright citizenship is how it tests whether a person cares at all about the Constitution. There's no argument against it, birthright citizenship is the unambitious text, the obvious intent of the drafters, and the undisputed way it was followed for the past 150+ years.
I continue to think that Matty coming out against birthright citizenship a few months ago should have been taken as a major warning sign that the group chats have already decided to surrender on this.
December 6, 2025 at 9:47 PM
Reposted by Max Kennerly
What an interesting coincidence.
December 6, 2025 at 5:43 PM
Trump makes these baloney investment claims all the time (with help from collaborator corporations and authoritarian countries) but they don't work, even with media outlets readily repeating them. Polling on Trump and the economy continues to crater, net approval currently -25ish.
“.. Federal data shows corporate investment levels are roughly in line with last year, with companies on track to invest over $5 trillion in 2025. The $20 trillion surge Mr. Trump has claimed does not appear in the available data.”

@cbsnews.com
www.cbsnews.com/news/trump-2...
December 6, 2025 at 6:35 PM
Yeah. All of the strikes have been just as illegal as if Iran sunk a Disney cruise because it suspected passengers carried weed.

But this one is so blatant—helpless survivors on an already-damaged ship—that it's impossible to fabricate any rationale. It's a crack worth widening.
I get this but plenty of people had been calling all the strikes murder and it hadn't broken through. This revelation did and put even Republicans on the defensive and willing to do some oversignt. My sense is that any crack the regime's implacability is a foothold.
Once the debate centers on whether the 2nd strike was legal, the first 21 strikes have been accepted as baseline. But the murder of the two survivors doesn’t make the other 21 any more legal. Selective outrage, not silence, is how authoritarianism becomes normalized @tadstoermer.bsky.social
December 6, 2025 at 5:07 PM
Reposted by Max Kennerly
your average debt collector routinely breaks the law to steal from poor people, generally with some level of knowledge and callous disregard. there are more altruistic prison guards.
We talk about "bullshit jobs" and other such while ignoring that there are indeed a few jobs that are legit utterly immoral.
I have no personal experience with poverty, I just think that what your average debt collector actually does in practice is a sin that cries to heaven for vengeance
December 6, 2025 at 4:36 PM
Reposted by Max Kennerly
You could write this. Or you could write: “That notion, which has been the rule in nearly every country in the Western Hemisphere for over a century, is grounded in the language of the 14th Amendment.”

All how you choose to frame it.
December 6, 2025 at 12:30 AM
Reposted by Max Kennerly
there are of course many examples of political constituencies that have in fact killed scores of children (en route to some other evil goal), but I can't offhand think of any historical examples of a political constituency organized for that specific purpose
Breaking: After contentious debates and three failed attempts at a vote, a federal vaccine committee decided on Friday to end the decades-long recommendation that all newborns be immunized at birth against hepatitis B.

www.nytimes.com/2025/12/05/h...
An End to Hepatitis B Shots for All Newborns
www.nytimes.com
December 5, 2025 at 3:59 PM
Reposted by Max Kennerly
This could probably be done with simple legislation. Article 3 says almost nothing about how the Supreme Court operates. It mentions that a chief justice will exist, but that’s about it. There are essentially no constitutional rules about how they hear or decide cases.
I'm going to keep saying this in my effort to speak it into reality: Supreme Court should have at least 100 Justices with rotating panels (and maybe an en banc option). No single Justice should have so much power and they shouldn't be names everyone knows.
A court with a normal-ish conservative majority would have been tolerable. I'm not eager for court packing, impeaching justices, and other such options. But this court sticking around post-Trump is untenable. They've already torched their own legitimacy, the only question is what do we do about it.
December 5, 2025 at 11:00 PM
Reposted by Max Kennerly
These are just petty, cruel people.
December 5, 2025 at 10:56 PM
Reposted by Max Kennerly
Rep. Grijalva says she was pepper-sprayed by ICE
December 5, 2025 at 8:00 PM
Reposted by Max Kennerly
To be crystal clear about this: The plaintiffs challenged the Texas law six days *before* it was signed by the Governor and became law. That was *too late*.
We need to talk about the massive loophole that the Supreme Court just carved into election law over the shadow docket—giving states a free pass to enact patently unconstitutional voting rules within nearly *one year* of an election. A stunning new limit on judicial review. slate.com/news-and-pol...
December 5, 2025 at 7:43 PM
Reposted by Max Kennerly
We are much less safe with these people in charge.

This is abject incompetence and insanity, rejecting sound public health policy and science.
The Centers for Disease Control and Prevention's vaccine advisory panel voted Friday to end the longstanding guidance that all babies born in the United States be vaccinated against hepatitis B on the day of their birth.
December 5, 2025 at 6:48 PM
Lots of bad stuff in Trump's National Security Strategy but this caught my eye.

First for the absurd clap-for-Tinkerbell logic: if we're "unapologetic" and "believe," then it's more "effective"? Come on.

Second because Trump has done more damage to "soft power" than anyone else in our lifetimes.
December 5, 2025 at 6:56 PM
Reposted by Max Kennerly
The country's biggest anti-vaccine lawyer, the guy behind weakened school mandates in Mississippi and West Virginia, who pulls in millions a year harassing the CDC on behalf of Del Bigtree's anti-vaxx org is ... presenting at ACIP. This panel is anti-vaccine theater. It's a cruel joke.
December 5, 2025 at 5:16 PM
Reposted by Max Kennerly
Bongino saying the quiet--and cynical--part out loud.

In other words: I was making money shoveling conspiracy bullshit without having any facts and conning my audience to make a buck. After I leave the FBI, I will get back to that.

What a confession.
December 5, 2025 at 5:11 PM
At long last, a viable use for crypto: tax loss harvesting. 😂
Falling crypto prices put investors in a 'unique' position to take advantage of a classic tax strategy, says CPA
If you have losses in your crypto portfolio, you may be able to "harvest them" to offset tax you owe on gains.
www.cnbc.com
December 5, 2025 at 1:58 PM
Reposted by Max Kennerly
2/ As long as this short post is getting some attn, here I explain why there is no saving the American Republic without reforming the Court and breaking the hold of the corrupt six Republican appointees. talkingpointsmemo.com/edblog/the-s...
The Status Interview—Or How To Write Up a Senate Purge List
Over the last couple days I’ve argued both that the denouement of...
talkingpointsmemo.com
December 5, 2025 at 12:45 AM
1) Anonymous sources, so caveat lector.

2) What he says now to avoid confessing a crime is hardly as meaningful as documentation/recordings of the decision.

3) What's described here is *still* a crime! You can't just execute people because you claim they're "attempting to continue their drug run."
December 4, 2025 at 3:17 AM
Absolutely. Good writing and clear thinking amplify one another.

Unfortunately, the same is true of bad writing and muddled thinking.
i strongly, strongly believe that good writing is downstream of clear thinking and a strong understanding of the subject matter at hand. without fail, tortured writing comes from writers who don’t know and can’t think clearly about anything.
Oh man! This paragraph is brutal. The best thing about this review is it's not trying to be mean. It's just listing how bad the writing is.
December 4, 2025 at 2:23 AM
Love the cope in the NYPost. If being 'too left' nonetheless shifts an R+22 district to R+9 despite massive efforts by the GOP, then every Dem everywhere should shift as far left as humanly possible.

Special elections are funny things, but all 5 of them in 2025 shifted +D by over 10 points.
December 3, 2025 at 3:44 PM
Marc Rowan, one of the billionaires destroying higher education, has an op-ed out about how private credit is "safe" and "plays a critical role in financing the economy," which of course means he knows it's a problem, he wants to juice the returns a bit more then get a bailout.

For example...
Private-Credit Fears Are Based on Four Myths
In Charles MacKay’s 1841 book Extraordinary Popular Delusions and the Madness of Crowds, he highlights how mass human behavior can lead to irrationality: “They go mad in herds while they only recover ...
www.bloomberg.com
December 3, 2025 at 2:49 PM
One problem with AVs that always gets waved away is the timeline: so when does adoption become ubiquitous? 50 years? 100?

Even if they perfect the technology, Tesla & Waymo ain't giving those cars away. Our crappy car-centric infrastructure will be majority-human-driver for the foreseeable future.
“There’s a public health imperative to quickly expand the adoption of autonomous vehicles.”

Would the author say the same about building bike lanes? Installing automatic traffic cameras? Requiring Intelligent Speed Assist?

All of those are proven to save lives — and at a fraction of AVs' cost.
Opinion | Don’t Fear Self-Driving Cars. They Save Lives.
www.nytimes.com
December 3, 2025 at 1:05 PM
Reposted by Max Kennerly
Why wait until the polls close to start that most beautiful pageantry of Democratic politics, the ritualistic Blaming of the Left
Y’all talked too much about the TN-7 race, turned it high salience, juiced turnout, and wrecked Dems’ chances of sneaking in a win.
December 3, 2025 at 12:42 AM
Reposted by Max Kennerly
Note that a 14pt shift left in a red state is still catastrophic for the GOP: the only safe red states in such a wave (assuming even distribution) would be ID, OK, TN, KY, ND, AL, SD, WV, and WY.
looks like two completed counties (v red rurals) with Behn improving on Harris by 10 in one and 15 in the other -- huge shifts but not winning shifts

the Needle took a big dive to the right on the reporting of the Williamson County early vote, now R+5.7

betting markets now aligning on 5+ pt margin
December 3, 2025 at 2:07 AM
Reposted by Max Kennerly
An article that wasn't focused on elite colleges might be capable of considering that disability accommodations are about a student getting a good education for themselves rather than framing things in terms of a hunger games competition for who gets to be elite in society
December 3, 2025 at 12:41 AM