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firthermor.bsky.social
Firthermor
@firthermor.bsky.social
740 followers 2.1K following 5.2K posts
Mid-Atlantic nature. Natural world. Photography. Plays with words. Grovers Mill Martian invasion survivor 😉. Popular sovereignty, voting rights, democracy, and good governance stan.
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firthermor.bsky.social
It appears this is an error in your article & conveys the opposite of what is intended (as written) as it omits that the use of force is an exception if the conditions are met:

“And even in such cases, lethal force is arbitrary if ‘less extreme means are insufficient to achieve these objectives’ …”
= JUST # SECURITY Q There are clear IHRL standards for determining when lethal actions are arbitrary. The UN Basic Principles on the Use of Force and Firearms by. Law Enforcement Officials, for example, explains that "intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life," and only in the case of an "imminent threat of death or serious injury." And even in such cases, lethal force is arbitrary if "less extreme means are insufficient to achieve these objectives" (9 9; see also Code of Conduct for Law Enforcement Officials, art. 3, commentary). Although framed in the Special provisions 9. Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life. From: https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-use-force-and-firearms-law-enforcement c. The use of firearms is considered an extreme measure. Every effort should be made to exclude the use of firearms, especially against children. In general, firearms should not be used except when a suspected offender offers armed resistance or otherwise jeopardizes the lives of others and less extreme measures are not sufficient to restrain or apprehend the suspected offender. In every instance in which a firearm is discharged, a report should be made promptly to the competent authorities. https://www.ohchr.org/en/instruments-mechanisms/instruments/code-conduct-law-enforcement-officials
December 7, 2025 at 2:35 PM
firthermor.bsky.social
papers.ssrn.com/sol3/papers....
Abstract Article I's Necessary and Proper clause is the starting point for both Congress's power to create offices and the limits on that power. Many legal scholars have demonstrated that, as a matter of original public meaning, the term "executive power" did not imply a presidential removal power, and Article II did not imply an indefeasible (unconditional) presidential removal power. By contrast, Article I's Necessary and Proper Clause is a basis for limiting congressional power that is more historically grounded in original public meaning and in early practice. Tenure protections and agency structures must be necessary and proper for executing federal power, meaning that they must be suitable means for pursuing proper ends. The debates and statutes in the First Congress reflect an analysis of means and ends in creating a small number of fully independent and mixed independent offices for specific complex tasks, often related to public debt and the public fisc. The debates recognized the tradition and the validity of semi-independent offices (i.e., a removal power with good cause requirements), and Congress passed statutes that empowered judges to remove (i.e., non-executive removal powers). The original public meaning of the Take Care clause does not support an indefeasible presidential removal power, but it provides a similar principle for distinguishing between valid and invalid congressional conditions, also consistent with all the removal precedents and with history and tradition. Our interpretation of the Executive Vesting Clause does not rely on the Empty Vessel hypothesis, and it is consistent with the Bundle of Powers …
December 5, 2025 at 6:00 PM
firthermor.bsky.social
It is likely to be on their list as they saw how Gen X broke towards Trump.
Generation lead Distribution of childhood blood lead levels (ug/dL) by age in the United States, 2015 The graph shows the childhood blood levels being elevated and peaking for the Gen X cohort (aged ~36 - ~50 in 2015).
December 4, 2025 at 3:38 PM
firthermor.bsky.social
The Donald J. Trump Institute for Fertilization.
A porta-John.
December 4, 2025 at 2:57 AM
firthermor.bsky.social
We have a possible big irruption year!

www.projectsnowstorm.org/posts/in-wit...
But it obviously happened somewhere up North, because in late October - unusually early - snowy owls started showing up in rapidly increasing numbers, from the western prairies to the Maritimes in Canada, and especially in the western Great Lakes around southern Ontario, Minnesota, Michigan and Wisconsin. That surge has only intensified in the past couple of weeks, with more and more owls showing up daily on eBird (which doesn't necessarily reflect the full sweep of where owls are), filling in the landscape in such normal hotspots as the Ottawa and St. Lawrence river valleys, southern Manitoba, Saskatchewan and Alberta, and even a few in British Columbia and Washington state, where snowies have been scarce to absent in recent years. They've appeared as far south as Long Island, New York, eastern lowa and northwestern Ohio.
November 23, 2025 at 2:27 AM
firthermor.bsky.social
“The documents reviewed by Reuters specified that employees determined by the administration to be in ‘confidential, policy-determining, policy-making, or policy-advocating’ jobs in the federal government would lose their whistleblower protections.”
Specifically, the documents showed the rule would remove legal protections that prohibit U.S. government agencies from retaliating against employees who accuse them of wrongdoing, such as violating the law or wasting funds.
November 19, 2025 at 12:26 AM
firthermor.bsky.social
More unlawful.

www.justsecurity.org/121167/us-se...
The White House argued that the attacks also complied with the law of armed conflict (LOAC), though its statement actually references the international law related to nations entering into wars based on principles of self-defense, whereas LOAC deals with limits on the means and methods of warfare and the protections for noncombatants and civilians during conflict. President Trump suggested the strikes are lawful because the targets were "positively identified, extraordinarily violent drug trafficking cartels and narcoterrorists," and noted this sends a "clear message." These legal arguments have been swiftly and comprehensively criticized, and the attacks condemned as unlawful under domestic and international law including by former lawyers in the Justice Department's Office of Legal Counsel (Marty Lederman writing in these pages and John Yoo writing in the Washington Post). Nevertheless, Secretary
November 3, 2025 at 2:57 PM
firthermor.bsky.social
“… focused on helping state and local governments fill the void created by the Justice Department’s retreat from public corruption work. … will also represent the targets of criminal and congressional investigations ….”
She and fellow Smith team alum J.P. Cooney rolled out a new law firm this week focused on helping state and local governments fill the void created by the Justice Department’s retreat from public corruption work. Gaston & Cooney PLLC will also represent the targets of criminal and congressional investigations as Trump flexes his ability to use federal law enforcement and his allies in Congress to target his political opponents.
October 24, 2025 at 9:58 PM
firthermor.bsky.social
Also, healthy growth since June.

This is an increase of about 40% in the upper bound of participation estimates.

www.gelliottmorris.com/p/no-kings-d...
As of midnight on Sunday, June 15, we have data from about 40% of No Kings Day events held yesterday, accounting for over 2.6m attendees. According to our back-of-the-envelope math, that puts total attendance somewhere in the 4-6 million people range. That means roughly 1.2-1.8% of the U.S. population attended a No Kings Day event somewhere in the country yesterday. Organizers say 5m turned out, but don’t release public event-by-event numbers.
October 19, 2025 at 4:25 PM
firthermor.bsky.social
It has been pretty reliable for an estimate here. I can’t say that it would necessarily be applicable where you are. I am still expecting—hoping—to get another Gray Catbird sighting this season.

My experience has been consistent with the BirdNET probabilities for my area.
BirdNET default probabilities for Gray Catbirds. “Today” is shown in a contrasting color (green) and is labeled; it is showing a little more than 25% and is on a steep part of the curve showing lower probabilities in the late fall. BirdNET default probabilities for Dark-eyed Juncos. “Today” is shown in a contrasting color and is labeled; it is showing a probability of around 35% on a steep curve showing increased probability for late fall through early spring.
October 18, 2025 at 1:05 AM
firthermor.bsky.social
www.nrc.gov/ai
The Next 12 Months Broaden the scope of generative AI training to agency staff and contractors and the development of the rules of behavior for the use of generative AI tools. Continue to engage with the inspection community across all regions and inspection types in Future Focused Research outreach sessions. Further develop the regulatory framework to support the use of AI in NRC-regulated activities. Continue communication with industry stakeholders to ensure preparedness for future uses of AI in NRC-regulated activities. NRC (U.S. Nuclear Regulatory Commission)
October 16, 2025 at 4:45 PM
firthermor.bsky.social
“Police in Chicago also routinely arrest people for the singular charge of resisting arrest—a phenomenon experts say is concerning, and could mean the problem is far more expansive than the settlement data indicate.”
"What was the person resisting if there's no underlying charge?" said Samuel Walker, a professor emeritus at the University of Nebraska and a national expert in police accountability. "That's just a gigantic red flag that the officer probably used force and is using this resisting arrest charge to provide cover or an explanation."
October 13, 2025 at 9:56 PM
firthermor.bsky.social
“Clarence Thomas may have been taking another billionaire-funded trip on that yacht we just targeted in the Caribbean.”
Marco Rubio whispering in Trump’s ear.
October 9, 2025 at 1:32 AM
firthermor.bsky.social
Members of the National Guard are gathered on a street corner below a banner of George Washington with his mouth gagged.
October 3, 2025 at 1:30 PM
firthermor.bsky.social
“Ultimately, Illston ‘assume[d] without deciding that at least some ARRPs may include pre-decisional and deliberative materials,’ because she found that ‘the need for accurate fact-finding overrides the government’s interests in non-disclosure.’ (More on the protective order question below.)”
After the U.S. Supreme Court issued its two-paragraph order tossing out Illston's preliminary injunction that had stopped the Trump administration from implementing government-wide mass firings, the plaintiffs asked for Illston to consider anew requests that the government turn over the specific agency proposals for those reductions-in-force (RIFs), which DOJ epposed. Those plans- Agency RIF and Reorganization Plans (ARRPs) — were not a part of the initial injunction before the Supreme Court. That injunction only addressed the challenge to President Donald Trump's executive order and the joint implementation memo from the Office of Personnel Management and Office of Management and Budget.
October 1, 2025 at 3:46 PM
firthermor.bsky.social
“Using RIFs in this context is uncharted territory. Neither the Merit Systems Protection Board (MSPB) nor the federal courts have squarely addressed whether a lapse in appropriations legally justifies the permanent removal of federal employees.”

www.lawfaremedia.org/article/redu...
In the end, the administration's effort to use a shutdown as a springboard for permanent workforce cuts tests the limits of both law and politics. Courts are unlikely to second-guess large-scale RIFs so long as agencies follow the rules, leaving Congress as the real check on executive overreach. Whether lawmakers choose to act will determine if shutdowns remain temporary disruptions-or become a powerful tool for reshaping the federal workforce.
September 30, 2025 at 10:08 PM
firthermor.bsky.social
They will only want this to apply while they still have the majority. Of course, they will not want to give up easily the possibility of retaining this majority.
In a nutshell, the trilogy appears to stand for the (new) proposition that courts not only may, but must, consider the possibility that a party is likely to prevail even if the governing precedent is squarely to the contrary—if it’s a case in which the Supreme Court is likely to overrule that precedent. In other words, courts are now under an obligation to issue equitable relief even in contexts in which they’re not allowed to rule for the party on the merits—where, at the Supreme Court’s own insistence, they’re unquestionably bound to follow the relevant precedent until it is overruled.
September 25, 2025 at 2:40 PM
firthermor.bsky.social
You might still have some nearby, even over the winter. I was very surprised to see one relatively close to home one winter, but never wintering in my yard. I suspect those that remain retreat to the woods.
Range map for the Gray Catbird. The year round range extends along the eastern seaboard from northern Florida to Cape Cod, Massachusetts.
September 24, 2025 at 12:17 AM
firthermor.bsky.social
Connecticut Warbler.
Kentucky Warbler.
Tennessee Warbler.
There is a Canada Warbler, but no provincially-named warbler (e.g., Saskatchewan Warbler, Ontario Warbler, or Nunavut Warbler).
Range map for Bell’s Vireo. The northern extent of its range does not extend ito Canada.
September 23, 2025 at 12:12 AM
firthermor.bsky.social
Unfortunate labeling. At least it was not orange pekoe.
A bottle labeled “ JUST ICE TEA” (peach oolong tea) sits atop a picnic table while there is an ongoing ICE surge ongoing nearby in Washington, DC. At least it was not orange pekoe.
September 21, 2025 at 2:59 PM
firthermor.bsky.social
Here are some options and recommendations for audiobooks that provide a variety of genres and listening experiences.
Piranesi by Susanna Clarke North Woods: A Novel by Daniel Mason American Ramble: A Walk of Memory and Renewal by Neil King Jr. The Backyard Bird Chronicles by Amy Tan
September 19, 2025 at 9:46 PM
firthermor.bsky.social
To counteract the central bank’s lack of independence relative to high finance, there is a good case to be made not for less democratic accountability but for more. As the political theorist Leah Downey argues in her timely book, “Our Money,” if we conducted monetary policy as if democracy mattered, we might consider a system of periodic reviews of the central bank. This iterative process could extend to the central bank’s mandate. Should we limit it to price stability and maximum employment, as currently written into law? Might we add decarbonization objectives or other projects of industrial policy, for instance? Or should the Fed limit itself to delivering on its mandate by ensuring an abundant flow of credit?
September 15, 2025 at 3:40 PM
firthermor.bsky.social
A Ruby-throated Hummingbird is caught preparing to nectar on jewelweed. The jewelweed at the edge of a marsh was providing an abundant and rich nectar source for several Hummingbirds and they were making sure to take their fill.
A Ruby-throated Hummingbird caught preparing to nectar on jewelweed (orange blossoms) at the edge of a marsh.
September 11, 2025 at 1:47 AM
firthermor.bsky.social
A look into the scrub-shrub wetland showcasing its diversity and vitality even as the season starts to crest and fall arrives.
A view into the scrub-shrub wetland. It is vibrant even as the leaves are starting to change as fall arrives early. Water in a low spot can be seen in the center of the foreground. Shrubs and shorter trees can be seen on the right and in the background. A Gray Catbird was here singing, but is not in the picture. Another view into the scrub-shrub wetland. It is vibrant even as the leaves are starting to change as fall arrives early; dark reds, yellow-greens, muted greens, light colored blossoms can be seen. Shrubs can be seen throughout and shorter trees appear in the background.
September 11, 2025 at 1:05 AM
firthermor.bsky.social
The riotous chaos season of early fall has arrived at a scrub-shrub wetland. The plants are thriving. There is very good diversity. Leaves have started to change color. Fall blooming plants are at their peak and offering their nectar to a variety of insects and to hummingbirds.
#SenseOfTrail
A boardwalk starts from the foreground and leads to the background through a scrub-shrub wetland. The vegetation flanking the boardwalk looks vibrant and has a mix of color. Some leaves are changing color. The trees in the background and on the right side of the trail are slightly stunted. The boardwalk in the first picture continues through the scrub-shrub wetland starts from the foreground; takes a quick slight turn to the right; and veers to the left in the background through a scrub-shrub wetland. The vegetation flanking the boardwalk looks vibrant and has a mix of color. Some leaves are changing color. The trees in the background and on the right side of the trail are slightly stunted.
September 11, 2025 at 1:05 AM