• 3 Posts
  • 85 Comments
Joined 3 years ago
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Cake day: June 18th, 2023

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  • The vote was 5-4 for the proposition that the Constitution guarantees birthright citizenship.

    The vote was 6-3 that a regular federal law guarantees the same right.

    Kavanaugh is the switcher. He voted against the Constitution and for the federal law. This is crazy because the relevant text in the law is a copy paste job from the Constitution. It’s the same text. Kavanaugh’s position is that the same words mean two different things in two different places, because the federal law was enacted at a different time than the constitutional amendment.

    Meanwhile, Gorsuch voted against birthright citizenship both times, but in his opinion he’s pretty clear that children born to parents who are domiciled in the US are citizens by birthright. Domicile means you are staying in the US long term and intend to remain. But you don’t need legal immigration status to have domicile. So that’s not really a Trump-friendly position if you dig into it.

    Edit: I meant to reply to the other comment, but I messed that up.



  • Misleading headline: The Court didn’t actually say that a warrant was required for these geofence searches.

    What the court actually said: a request for geofenced location data addressed to a service provider is actually a search that could require a warrant. These requests are not just subpoenas for business records.

    The supreme court sent the case back down to the circuit court to determine whether a warrant was specifically required in this case.

    When it comes to searches, a warrant is usually required, but there are a number of complicated exceptions for “reasonable” searches where no warrant is needed.












  • More than an investigation, there’s now a criminal indictment that alleges that SPLC, Inc. defrauded their donors when they paid undercover informants to infiltrate racist and extremist groups. The theory of the case is that SPLC was actually assisting and aiding these racist groups, contrary to SPLC’s public positions, by doing things like paying membership dues on behalf of their undercover informants.

    There are also money laundering charges on the basis that SPLC deliberately misstated the purpose of funds when they were transferring money over to the undercover infiltration side of the operation. Because, maybe, you know, they were trying to be under cover about it.






  • More like after they lose the prelim injunction and the stay pending appeal. My guess, in the 8th circuit, is that they stand a chance at winning the stay pending appeal, which would let them keep rolling for a while.

    It’s a non trivial piece of 10th amendment litigation. Maybe Minnesota has a sovereign right to investigate a homicide. But does that oblige the feds to do or not do something? Does it matter if the feds are the only way to get critical evidence? Is it important whether the feds are actively trying to thwart and deny MN’s police power? Does MN have to prove they can beat the Supremacy Clause on this case before they can get stuff?