Indiscreet Function
@homotopic.bsky.social
Jew. Mostly leftist. Queer. Most people refer to me with the pronouns "he/him" and I acquiesce in this.
This is from a week and a half ago (November 7) though tbf I can't remember the last time he suggested it as part of a politically plausible deficit cutting package
November 19, 2025 at 3:03 AM
This is from a week and a half ago (November 7) though tbf I can't remember the last time he suggested it as part of a politically plausible deficit cutting package
I can think of another reason why use of Twitter might correlate with lesser aversion to Nazi symbolism
October 28, 2025 at 5:31 PM
I can think of another reason why use of Twitter might correlate with lesser aversion to Nazi symbolism
Not the most important part of this Harvard Crimson article about Vermeule but it seems worth noting that LITERALLY THE SAME DAY OBERGEFELL CAME DOWN President Obama gave a major speech in a church focusing on divine grace and then literally sang "Amazing Grace"
October 9, 2025 at 12:28 AM
Not the most important part of this Harvard Crimson article about Vermeule but it seems worth noting that LITERALLY THE SAME DAY OBERGEFELL CAME DOWN President Obama gave a major speech in a church focusing on divine grace and then literally sang "Amazing Grace"
New insights into the history of sexual orientation and the law from Roy Moore's nonprofit
October 6, 2025 at 2:57 PM
New insights into the history of sexual orientation and the law from Roy Moore's nonprofit
I had forgotten this, but one of several reasons the chance of a grant here is quite low is that the Sixth Circuit held that Davis failed to preserve her challenge to Obergefell. Not even the only vehicle problem this one has
August 8, 2025 at 7:45 AM
I had forgotten this, but one of several reasons the chance of a grant here is quite low is that the Sixth Circuit held that Davis failed to preserve her challenge to Obergefell. Not even the only vehicle problem this one has
This from the Ernest Mandel case is not great, for example (though one wonders whether the Supreme Court would really stand by the quoted language from a 70-year-old case about the Communist Party)
August 7, 2025 at 3:26 PM
This from the Ernest Mandel case is not great, for example (though one wonders whether the Supreme Court would really stand by the quoted language from a 70-year-old case about the Communist Party)
Grupo Mexicano is fairly slippery on this imo, I think reflecting the awkwardness of trying to understand this from a post-Erie standpoint. I don't think it is obvious that the Grupo Mexicano Court would have distinguished federal questions and my guess is that they would not have
![We turn, then, to the merits question whether the District Court had authority to issue the preliminary injunction in this case pursuant to Federal Rule of Civil Procedure 65.3 The Judiciary Act of 1789 conferred on the federal courts jurisdiction over “all suits . . . in equity.” 1 Stat. 78. We have long held that “[t]he ‘jurisdiction’ thus conferred . . . is an authority to administer in equity suits the principles of the system of judicial remedies which had been devised and was being administered by the English Court of Chancery at the time of the separation of the two countries.” Atlas Life Ins. Co. v. W. I. Southern, Inc., 306 U.S. 563, 568 (1939). See also, e.g., Stainback v. Mo Hock Ke Lok Po, 336 U.S. 368, 382, n. 26 (1949); Guaranty Trust Co. v. York, 326 U.S. 99, 105 (1945); Gordon v. Washington, 295 U.S. 30, 36 (1935). “Substantially, then, the equity jurisdiction of the federal courts is the jurisdiction in equity exercised by the High Court of Chancery in England at the time of the adoption of the Constitution and the enactment of the original Judiciary Act, 1789 (1 Stat. 73).” A. Dobie, Handbook of Federal Jurisdiction and Procedure 660 (1928). “[T]he substantive prerequisites for obtaining an equitable remedy as well as the general availability of injunctive relief are not altered by [Rule 65] and depend on traditional principles of equity jurisdiction.” 11A C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure §2941, p. 31 (2d ed. 1995). We must ask, therefore, whether the relief respondents requested here was traditionally accorded by courts of equity.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:xck3ih2vgieo2isofd5x7p5x/bafkreiczd232dzsfc77ljfgfcy6pdbv4tobgjgkwwfhrlmxbq7esnpbiwm@jpeg)
August 5, 2025 at 3:36 PM
Grupo Mexicano is fairly slippery on this imo, I think reflecting the awkwardness of trying to understand this from a post-Erie standpoint. I don't think it is obvious that the Grupo Mexicano Court would have distinguished federal questions and my guess is that they would not have
This in particular is an outrageous mischaracterization of the law. "Departmentalism" in the sense that the executive branch has the right to rely on its own legal interpretations has a long pedigree. "Departmentalism" in the sense that the president can defy a court order is not!
July 31, 2025 at 12:59 PM
This in particular is an outrageous mischaracterization of the law. "Departmentalism" in the sense that the executive branch has the right to rely on its own legal interpretations has a long pedigree. "Departmentalism" in the sense that the president can defy a court order is not!
The agreement does not define "single-sex" but is Columbia agreeing to offer trans-exclusionary single-sex housing here?
July 24, 2025 at 2:44 AM
The agreement does not define "single-sex" but is Columbia agreeing to offer trans-exclusionary single-sex housing here?
Interesting juxtaposition here
July 24, 2025 at 2:39 AM
Interesting juxtaposition here
The arguments are boring standard 2010 conservative fare but this claim in particular is a serious distortion of the law. Non-consummation (in the UK) or impotence (the parallel ground in the US) does not make a marriage void, only voidable, and voidability grounds are waivable
July 23, 2025 at 12:06 PM
The arguments are boring standard 2010 conservative fare but this claim in particular is a serious distortion of the law. Non-consummation (in the UK) or impotence (the parallel ground in the US) does not make a marriage void, only voidable, and voidability grounds are waivable
The bullshitting explanation almost has to be right mathematically but what exactly is the actual proposal here
July 23, 2025 at 10:51 AM
The bullshitting explanation almost has to be right mathematically but what exactly is the actual proposal here
Justice Alito almost invites the potential Don't Say Gay consequence of today's ruling. If the opt out means that unworkably many students opt out, that's the school board's own fault--shouldn't have bothered to do LGBTQ-inclusive education at all!
June 27, 2025 at 10:30 PM
Justice Alito almost invites the potential Don't Say Gay consequence of today's ruling. If the opt out means that unworkably many students opt out, that's the school board's own fault--shouldn't have bothered to do LGBTQ-inclusive education at all!
Getting some cool new followers
June 17, 2025 at 7:20 PM
Getting some cool new followers
Reuters has read its Baude & Paulsen (obviously the substance here is also important)
June 15, 2025 at 4:17 PM
Reuters has read its Baude & Paulsen (obviously the substance here is also important)
Apparently an archaic word whose meaning is disputed (I also failed to get that כ is the prepositional prefix "like" and the word has no relation to כלב)
June 13, 2025 at 3:01 PM
Apparently an archaic word whose meaning is disputed (I also failed to get that כ is the prepositional prefix "like" and the word has no relation to כלב)
I guess he's an antisemite after all
June 10, 2025 at 11:49 AM
I guess he's an antisemite after all
Now feat. alt text
June 10, 2025 at 11:45 AM
Now feat. alt text
This is a good answer www.nytimes.com/2025/06/10/n...
June 10, 2025 at 11:44 AM
This is a good answer www.nytimes.com/2025/06/10/n...
But worth noting too that SBC on socially conservative flashpoint issues does not always align with the mainstream of the conservative movement--there's this detail in the article about opposition to IVF, which most conservatives have run away from
June 8, 2025 at 3:02 PM
But worth noting too that SBC on socially conservative flashpoint issues does not always align with the mainstream of the conservative movement--there's this detail in the article about opposition to IVF, which most conservatives have run away from
(image from 2016)
June 6, 2025 at 12:12 PM
(image from 2016)
This paragraph (and this comes from the UKSC ruling, it's not EHRC's invention) is a sign of how wrong things have gone: you can exclude a trans man from a women's space to prevent "alarm or distress," especially if he strongly presents as male, but you still must exclude him from men's spaces
May 22, 2025 at 12:39 PM
This paragraph (and this comes from the UKSC ruling, it's not EHRC's invention) is a sign of how wrong things have gone: you can exclude a trans man from a women's space to prevent "alarm or distress," especially if he strongly presents as male, but you still must exclude him from men's spaces