Alex1Powell's Categories
Alex1Powell's Authors
Latest Saves
So, quick rundown of the latest #Squidigation decision: It's very thorough; 36 pages of Judge Parker explaining that Powell and her merry band of fuckups lose for every conceivable reason
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
Hi, #Squidigation fans. New developments in the Michigan tentacle. Driving little man to school this morning, but we can talk about it when I get back https://t.co/m6GxK7g5T1
— Akiva Cohen (@AkivaMCohen) December 7, 2020
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
Seeing a lot of this circulating on the right, so let me explain why folks are worried even though it is not literally true that every ICU bed in the country is occupied at the moment.
#1, the big worry is ICU space, not hospital beds, and as you can see from this very thread, ICU utilization is running well above hospital utilization generally.
#2 The constraint on ICUs isn't beds, it's staff. ICU beds are (relatively) easy to build. They're not much good if the only people you have to staff them are the cafeteria workers.
#3 It's true that ICUs can flex to deal with high utilization. But to do so, they have to:
1) Stretch existing workers to do more (potentially compromising care)
2) Recruit workers from other specialties (potentially compromising care)
2) Hire additional temporary workers
Hiring temps is the best strategy. The problem is, it's a good strategy that's hard to implement when a staggering fraction of the nation's hospitals are all having the same problems, requiring exactly the same skills from the same shrinking pool of workers, at the same time.
it's disappointing to see that we are back in the "media scare stories about hospitals" stage.
— el gato malo (@boriquagato) December 7, 2020
the good news is that, just like last time, this is simply not the case.
they either have no idea what they are saying or are seeking to mislead.
let's look.https://t.co/eWyj2txAh6
#1, the big worry is ICU space, not hospital beds, and as you can see from this very thread, ICU utilization is running well above hospital utilization generally.
#2 The constraint on ICUs isn't beds, it's staff. ICU beds are (relatively) easy to build. They're not much good if the only people you have to staff them are the cafeteria workers.
#3 It's true that ICUs can flex to deal with high utilization. But to do so, they have to:
1) Stretch existing workers to do more (potentially compromising care)
2) Recruit workers from other specialties (potentially compromising care)
2) Hire additional temporary workers
Hiring temps is the best strategy. The problem is, it's a good strategy that's hard to implement when a staggering fraction of the nation's hospitals are all having the same problems, requiring exactly the same skills from the same shrinking pool of workers, at the same time.
Dan Hodges thinks Boris didn't deliberately lie. Let's examine the record
1. Spread the lie about EU law on straight bananas
2. Spread lie about EU banning prawn cocktail crisps
3. Invented lie about EU introducing mandatory smaller coffins
(Continues...)
4. Invented lie about EU demanding plastic wrapping around kippers
5. Lied that 80 million people from Turkey would come to UK if we didnât leave EU
6. Then lied that heâd lied about Turkey
7 Sacked from The Times for inventing a quote then lying about having invented it
8. Found guilty of misrepresenting facts by IPSO
9. Sacked from Tory front-bench for lying about an affair
10. Lied about "IT lessons" with Jennifer Arcuri, when he was actually having an affair (and gave her ÂŁ126,000 of public money for nothing, which is corruption)
11. Campaigned to have a deal before we leave the EU, and to stay in the Single Market (see image), which was a lie
12. Sacked 21 Tory MPs for voting for the thing he promised
13. Falsely blamed Hillsborough on Liverpool fans, then described victims as âwhingeing scousersâ
14. Found to have broken the Ministerial Code by lying about his income
15. Got a British Citizen, Nazanin Zaghari-Ratcliffe, jailed in Iran because he made a false statement about her
16. Said he had reduced rough sleeping in London when he was mayor - it increase 130%
1. Spread the lie about EU law on straight bananas
2. Spread lie about EU banning prawn cocktail crisps
3. Invented lie about EU introducing mandatory smaller coffins
(Continues...)
For what it's worth, I also don't think there was any deliberate attempt to deceive by Boris. I think he genuinely believed the EU would fold. I honestly think he's managed to convince himself about this BMW and Prosecco stuff. Who knows, he might still be right.
— (((Dan Hodges))) (@DPJHodges) December 7, 2020
4. Invented lie about EU demanding plastic wrapping around kippers
5. Lied that 80 million people from Turkey would come to UK if we didnât leave EU
6. Then lied that heâd lied about Turkey
7 Sacked from The Times for inventing a quote then lying about having invented it
8. Found guilty of misrepresenting facts by IPSO
9. Sacked from Tory front-bench for lying about an affair
10. Lied about "IT lessons" with Jennifer Arcuri, when he was actually having an affair (and gave her ÂŁ126,000 of public money for nothing, which is corruption)
11. Campaigned to have a deal before we leave the EU, and to stay in the Single Market (see image), which was a lie
12. Sacked 21 Tory MPs for voting for the thing he promised
13. Falsely blamed Hillsborough on Liverpool fans, then described victims as âwhingeing scousersâ
14. Found to have broken the Ministerial Code by lying about his income
15. Got a British Citizen, Nazanin Zaghari-Ratcliffe, jailed in Iran because he made a false statement about her
16. Said he had reduced rough sleeping in London when he was mayor - it increase 130%