The key point is this: Codifying Roe is a good idea but it is not a permanent solution. Such legislation would be just a road bump for a Court bent on eliminating the right to choose. The only way to truly secure that right is to reform the Court. 13/
@JacobDCharles The indictment is for violating 18 USC 922(a)(6) and 924(a)(1)(A), which ban making false statements when purchasing firearms. Have courts ruled those statutes unconstitutional? And isn't that a distinct issue from the constitutionality of 18 USC 922(g)(3)?
@jdmortenson@KevinMKruse I'd agree with the general principle that any category with really significant legal consequences ("insurrection", "major question", etc.) should have sharp borders to avoid abuse. But under-deterrence is a important counter-argument here: you only get once chance to deter a coup
@jdmortenson Taking "~" as a relation meaning "should be treated similarly for section 3 purposes." My initial skepticism that
attempted self-coup ~ insurrection
was overcome by this syllogism:
coup ~ insurrection
self-coup ~ coup
attempted self-coup ~ self-coup
~ is transitive.
@jdmortenson@KevinMKruse (Ofc, this example would be more compelling if the participants in the LA coup actually *had* been disqualified. But used to generate intuitions about situations where the DQ should clearly apply, this example suggests that coups are in the set.)
@AzEagletarian@KevinMKruse There's a good account of the congressional exclusion debates in the Baude and Paulsen paper, pp. 92-98: https://t.co/kEq9mt1a6N
Their account is based on Hinds’ Precedents of the House of Representatives of the United States, ch. 14, (1907): https://t.co/WmNO9QKo9X
@SCOTUSPlaces This is just from the last 2 weeks:
Enormous margins, ~2 spacing: https://t.co/a0KiUcUwOw
Large margins, ~1.5 spacing:
https://t.co/V1xaupsyqu
Smaller margins, ~2 spacing:
https://t.co/8SmX2xY5OG
Smaller margins, ~1.5 spacing: https://t.co/O6OLcOmFql
@RMFifthCircuit This reasoning proves too much: It could justify exempting people with felony convictions from the minimum wage, limiting their ownership of property, etc.
That said, there's no way this ruling survives the 5th Circuit's en banc process and/or the Supreme Court.
@JacobDCharles What's your prediction in those cases? My less informed guess is that this 4th Circuit panel will strike down the law but the en banc court will uphold it. The 7th Circuit seems harder to predict. Easterbrook's analysis in Friedman won't fly under Bruen (or even Caetano...).
@Jabaluck AI may only become able to replace the work of artists and screenwriters because it has learned from their creative work. Destroying those occupations is profitable in the short-term but plausibly self-defeating in the long-term -- conditions under which regulation is appropriate
@TadegQuillien@danwilliamsphil True. I was assuming:
A is better than B at Go -> there does not exist any Go strategy that reliably beats A but that B reliably beats.
But maybe a better definition would restrict the set of strategies quantified over in some way. An interesting question to ponder, imo.
@TadegQuillien@danwilliamsphil Assessing the truth value of that last sentence may be more complex than it seems. A similar Go-playing AI, KataGo, is more brittle than you'd expect (and more brittle than a top human player): https://t.co/OfdttRzSNB
@JacobDCharles I hope someone (e.g., you) will submit an amicus brief arguing that the Court should sua sponte reconsider Bruen on the ground that its test is unworkable.
@scottjshapiro The Supreme Court will decide this important public policy question by focusing on the question that really matters: whether the law disarming domestic abusers is analogous enough to Founding-era laws disarming Catholics. (Now there's a concrete and measurable standard.)
@brithume This was a statutory opinion, not a constitutional opinion. The Supreme Court did not hold that there was any constitutional problem with the debt relief plan, only that the HEROES Act did not authorize it clearly enough. Please consider issuing a correction.