• 0 Posts
  • 1.09K Comments
Joined 2 years ago
cake
Cake day: June 18th, 2023

help-circle




  • But then who says what the statutes that Congress passed mean…?

    In this case, the court has determined that notices in English only, that give a 24 hour deadline, with no information about how to contact an attorney, are illegal. That amount of notice is not due process as guaranteed by the 5th amendment of the Constitution.

    The constitution overrides all parts of federal law, including the Alien Enemies Act. There is no power to suspend the constitution here. Not even a war power. The constitution applies to the plaintiffs in this case, because they are in the territory of the United States. Full stop.

    The government has argued to the court, without citing any specific clause of the constitution, that the President enjoys broad “war powers” that prevent the court from looking into any aspect of what the administration is doing here. The court has clearly rejected that argument* with respect to the 5th amendment concerns.

    So that is what the law is, and that’s what the law is not. That’s a final decision.

    *The court has not decided yet on whether the government can use this reasoning to block any interpretation of the meaning of the words “invasion” or “predatory incursion.” The lower courts that have ruled are something like 4 or 5 to 1, on the side that the judiciary can interpret those words.

    EDIT: Actually, I think the one judge that ruled for the AEA proclamation did so by interpreting “invasion” by looking it up in a dictionary. She just used a modern dictionary, while the others have been using 1798 dictionaries.







  • This guy sits in Amarillo. Normally when you file a lawsuit in federal court your case is assigned to a judge by random lottery. But Amarillo only has one judge, so the lottery always comes up with this guy.

    This is the same man that tried to ban mifepristone nationwide based on the Comstock Act.

    This seems to go against a pretty recent SC precedent authored by Gorsuch.

    I bet it’s a universal nationwide injunction too, the kind the SC was just talking about limiting yesterday.

    Edit:

    Ultimately, Judge Kacsmaryk ordered the complete removal of all references to sexual orientation and gender identity as protected classes under Title VII from EEOC guidance. His ruling declares that “all language defining ‘sex’ in Title VII to include ‘sexual orientation’ and ‘gender identity’” must be stripped…

    Yep. Universal nationwide injunction and directly contradicts the holding from Bostock.



  • Historically speaking, USSR / Russia, China, and NK have loved to talk up the capabilities of their kit, and these parades were a big part of that. They have frequently failed to deliver on all of their promised capabilities.

    In the United States we have done the opposite. We don’t talk about our latest gen aircraft programs; we hide them out in the desert. When we do talk we remain cagey about what we have for years and decades, until long after we’ve started selling it to allies.

    I understand that this parade will not show off our real capabilities (not at 25 tanks anyway), but I am saddened that the man feels like he needs to stoop to the level of the adversaries we’ve held for so long.


  • Scary stuff. However, it’s not total panic in the skies when this happens.

    There are defined procedures for lost communications that every pilot is trained and examined on.

    • pilots continue to fly usually the previously assigned route. There are a bunch of rules designed to minimize the risk of collision.
    • When there is visibility, old fashioned see-and-avoid is very much in play. There are basic right-of-way style rules that prevent collisions. However, even in good visibility it is hard to see other planes at typical distances and speeds.
    • Most planes, and all of the commercial passenger liners, have TCAS based on ADS-B. This is a peer to peer transponder system that can issue resolution advisories with guidance to both aircraft to prevent a collision. No ATC infrastructure is involved.
    • ATC towers have red/green light guns that they can use to signal pilots. There are defined signals to issue instructions and landing clearances.
    • The 3D volume of airspace is so vast that collisions are normally pretty difficult. En route traffic is channeled onto airways, but the airway corridors are usually at least 5 NM wide, and traffic in opposite directions are on alternating altitude assignments. The main exception where collisions are risky is in the terminal area, where a whole bunch of planes are trying to get to the same limited runways. That’s where collisions happen and where ATC is the most important.





  • There’s a conspiracy theory that every Pope has been illegitimate since 1958. The reasoning is pretty dumb, but I’ll put it out here:

    • The reforms made during Vatican II are blasphemous.
    • No legitimate pope could endorse the blasphemy due to infallibility
    • Therefore the popes have been illegitimate.

    I’m not Catholic, but I can see the fallacy there.

    Interesting enough, the sedevacantists think the entire line after 1958 are pure antipopes, there’s a splinter group of sedeprivationists, who think like you said: the post-1958 line can regain legitimacy once they renounce the so-called heresy.


  • I am not a lawyer, and I am not your lawyer.

    Off the top of my head, I can’t really see where or how this is illegal in most US jurisdictions. In “at will” states you can be hired or fired at any time for any reason* or no reason. And likewise you can quit at any time for any reason or no reason. If you can be hired or fired based on this scam, you can be promoted or held back based on it.

    Having said that, this is really scammy, and I would not want to work there.

    *except discrimination based on: race, color, religion, sex, national origin, age (>40), or genetics. Likewise, retaliation for unlawful sexual harassment.