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Joined 11 months ago
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Cake day: July 31st, 2023

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  • Yeah been following the rust cases closely.

    Kari Morrissey was the one who secured the conviction for Hannah Gutierrez Reid.

    Important things to note for Alec Baldwin’s case: he’s got more money and resources for his defense. There’s a bunch of high class attorneys that entered appearance for Baldwin. But he has 2 major problems: those attorneys are not from new Mexico. A good lawyer knows the law and a great lawyer knows the judge. Additionally, he is known for being bad at safety and security. That was already becoming clear in HGR’s trial. But legally things are bad as well: he held the weapon. Now in other states that doesn’t make him more culpable than HGR, but in new Mexico basically everyone holding a weapon is held accountable for the consequences of whatever they do while holding the weapon. This, together with what I would predict are looking like pretty bad facts for him rn, is an indication that he has a steep climb to make, unless Morrissey fucks up in a major way.













  • I know people will have much more radical stances on this, but it doesn’t sound like that Title IX is limited to discrimination of biological gender only. It looks to me like they were trying to aim higher, for discrimination in general. At least if I get the jist of the Title. That would make this ruling legally questionable as well. This raises more issues because in case of intentionality this might become a separation of powers issues where the judicial branch is trying to make a law something that it isn’t, therefore acting in the role of the legislative branch. That’s some serious shit.

    I’m saying this because obviously morally this is repulsive already, but I wanted to show that legally there’s some shaky stuff going on as well imo.

    Obligatory IANAL.




  • Well I can tell you what’s happening right now because of Chevron deference and it’s stupid af.

    Look at Sackett v EPA 2022: a couple bought a lot,began filling up the ground with dirt to a lay foundation. The EPA stepped in, declared the stuff they filled up to be “Waters of the United States” and found they had violated environmental protection regulations. We’re not talking river, lake or God forbid, an ocean. We’re talking somewhere between small water body and puddle.

    Why were they able to do that? Chevron deference meant that the EPA in this case is not clear on the exact definition surrounding this water body. So they decided it’s included in the “Waters of the United States”. You know the worst part? If a court rules differently on the definition, they are allowed to discard that definition and instead use their own.

    And this is what I mean. There’s no reason to give agency such broad unchecked power. Now even though this water dispute is annoying for the couple, it’s rather silly on paper. Now imagine the same with the NSA or CIA. Suddenly this is not as silly anymore.

    There’s a great Livestream on YouTube where a well versed lawyer gives a quick overview on that case and why Chevron deference is so dangerous but unfortunately I can’t find it anymore.

    The bottom line is, you can’t ask agencies to defer to a court before making any small decision, but you also can’t just let them make their own legal definitions. There has to be something in between. It’s not working rn.