Penguinone Pal

Anonymous law student. Probably procrastinating :/

[Penguinone Pal @penguinonepal]

@OrinKerr The type of opinion that should just be self-evidently preposterous?? Like, the phone should really be deemed as private as the home at this point.

[Penguinone Pal @penguinonepal]

@TrueSlazac Also I even replied this but, as a non-native speaker who’s been learning Mandarin for quite a while, I don’t think you could learn this even in 10 months of intensive study unless you basically just learned the exact words and grammar patterns of this specific book

[Penguinone Pal @penguinonepal]

@gwoyeuromatzyh @MayoMainz Either I’m just slow as heck or the hypothetical training is quite intensive indeed, but it seems unlikely someone could get to that level of proficiency in 6-9 months unless they were just like, specifically studying the characters in that book??

[Penguinone Pal @penguinonepal]

@souljagoyteller Relatedly, how is Nestle v Doe the worst thing that happened in 2021??? Like, I also don’t care for the decision, but like… an 8-1 statutory interpretation case on the Alien Tort Statute is your headliner???

[Penguinone Pal @penguinonepal]

@OrinKerr Not from a particularly sophisticated Fourth Amendment perspective, but just at a “what do I feel is most private to me” level, that makes total sense I feel like! Though, pretty surprising the Court agrees.

[Penguinone Pal @penguinonepal]

@poorlyreasoned It’s not the same vibe as some of the others, but I like a lot of what @lawfare puts out; I find the weekly trials and tribulations episodes super helpful in keeping up with weekly case happenings

[Penguinone Pal @penguinonepal]

@kyledcheney Exactly! The Buenrostro Mendez majority (unsurprisingly) way underplayed the statutory liquidation//settled practice argument. Glad to see the ACLU emphasizing it here.

[Penguinone Pal @penguinonepal]

@GsuGrinding A first, I felt like the "or otherwise" means subset point was pretty rough for appelles, but imo the dissent addressed that pretty well with the parts-of-speech response. Also, feels like the majority underweighted the statutory liquidation argument the dissent emphasized.

[Penguinone Pal @penguinonepal]

@Patterico I also genuinely thought her textual analysis was better. At some point the parsing of how we should understand "or otherwise" and what it implicitly includes feels more than a bit unmoored from reality, but I found her point about grammatical differences compelling.

[Penguinone Pal @penguinonepal]

@CNLiberalism this is kinda giving Jill stein voter but from the center

[Penguinone Pal @penguinonepal]

@crulge nyc needs an Albanian ambassador

[Penguinone Pal @penguinonepal]

@whignewtons that just isn't true though. the firings and erosion of institutional capacity in the administrative state, and the precedent it sets, is going to be enduring, for better or worse.

[Penguinone Pal @penguinonepal]

@constans I mean in terms of having a social interaction, it can be genuinely very challenging to figure out where it's acceptable, especially if you can't drink/don't like the club/bar environment (but I do suspect a bunch of the screenshotted dudes have uh other issues)

[Penguinone Pal @penguinonepal]

@SJonNantucket @DavidAFrench lol if you're talking about this order 1) this is the 4th circuit, not DC; 2) this was written by J. Harvey Wilkinson, a very conservative Reagan appointee; 3) all of the emergency panels in the DC circuit so far have been conservative 2-1 anyway.

[Penguinone Pal @penguinonepal]

@CBHessick Not unrelated that Congress doesn't want to/can't do anything. Executive power is less problematic when Congress can do oversight/change policy. The same disfunction also motivates more executive power, as the executive is the only actor capable of near-term policy changes.

[Penguinone Pal @penguinonepal]

@CBHessick Imo, current judicial review doctrines have miscalibrated for the two different "faces" of the administrative state (a la Chertoff & Bulman-Pozen): "national security" state has little process (allowing the worst abuses), the standard regulatory state still has perhaps too much.

[Penguinone Pal @penguinonepal]

@Noahpinion there is a lot of incredibly valuable federal land that we should absolutely not be building on, and I do not trust that they are going to pick the right lands.

[Penguinone Pal @penguinonepal]

@agraybee It's unclear whether these particular consequences were spelled out ahead of time? I agree with the broader point that people should accept the foreseeable consequences of their actions, but (gen q) was there was any prior indication that Columbia would take this stance?

[Penguinone Pal @penguinonepal]

@mattyglesias Alternatively, it's another in a long stream of Senate D failures to do anything displaying a hint of a spine. (Yes, they're a minority party and they don't have much leverage. But this is one place where they at least have *something* they can do instead of snarky tweets!!)

[Penguinone Pal @penguinonepal]

@deepakguptalaw Gupta Wessler once again doing the lord's work :)