BC LAW
Saved by @Mollyycolllinss

In the cold light of morning, I'm still completely amazed by the legal belly flop that @ThomasMoreSoc filed in the DC District Court. It's the legal equivalent of watching the butt fumble, live

EVERYTHING you could possibly get wrong in a complaint, they managed

 Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"

Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp
OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
OK, so the State Legislatures weren't plaintiffs. They were Defendants, right? 'Cause, you know, the claim is that the legislatures didn't do what they were required to do?

Again
Let's gloss over the fact that they've joined a whole bunch of independent defendants, sued for independent wrongs, in a single case ....
For those who don't know, you ... uh ... can't do that. If I steal your car, and someone in Wisconsin empties your bank account, you can't sue us both in one case just because we both stole from you; unless it's a conspiracy & we're working together, you need separate suits
But sweet glory, they ALSO named the Electoral College as a Defendant, an "entity" that, with apologies to @scottlynch78, is entirely fictional.
That's like filing a lawsuit against "chemotherapy" or "the foreign policy establishment". As I said last night, pity the poor process server who was handed a summons and told "ok, go serve this on the Electoral College"
On the plus side, they DID make up a physical address for "Defendant Electoral College" - it's the US Capitol Building, where (unless I'm wrong and the DC electors use it) exactly NONE of the temporary members of the Electoral College even meet to vote
They also sued a raft of individual defendants from the various states "in their official capacity" - except Brian Kemp, who was sued in his "original" capacity - meaning that they all have 11th Amendment immunity from being sued
Or, well, they would, if the case ever got to the point where immunity is relevant, which it won't because ...
They sued these defendants in the US District Court for the District of Columbia, where basically none of the defendants reside or do business (except for Mike Pence and Congress, who, OF COURSE, were also named as defendants because when you're this crazy, why not?)
This is a slight problem due to the little-discussed topic of personal jurisdiction, which only a hundred thousand or so cases have addressed, which basically says "no, asshole, you can't sue Ginny Welch of Minnetonka in a court in New York. We have no power over her"
There are exceptions to that rule, of course - we're lawyers, after all, and bright-line, easily followed rules without exceptions would put us out of business - but none of them apply here, and the plaintiffs don't even bother arguing that they do.

More from Akiva Cohen

Akiva Cohen
Akiva Cohen
@AkivaMCohen
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
JUDGE
Akiva Cohen
Akiva Cohen
@AkivaMCohen
Let's talk about this North Dakota attempt to legislate around Section 230 and create a civil right of action for users censored by social media sites. CC @mmasnick

Forget, for a moment, that this law, if it passed would immediately be deemed void as preempted by Section 230 (Federal law is supreme over state law where they conflict, and this would create an express conflict). This bill is a really good example of why this stuff is hard

Here's the key provision of the bill. The various highlighting on these versions shows areas we'll touch on


First of all, let's look at the last of those images. There's no question that this would target conduct immune under federal law - and, in fact, if 230 were repealed nobody could ever be liable under this law (since it only reaches immune conduct). So it's incredibly stupid.


But again, put that aside. Let's look at the substance.

First of all, who gets to decide whether content fits into these highlighted categories? Do they actually think that the government will get to decide what counts as "otherwise objectionable"?
GOVERNMENT
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Akiva Cohen
Akiva Cohen
@AkivaMCohen
Looks like we need to spend some time talking about the Parler lolsuit against Amazon and why it's deader than a Mitch McConnell comedy special. They've brought three claims - antitrust, breach of contract, and tortious interference. None will survive. Here's why

Here's the meat of their intro: Amazon isn't being fair to us. They're holding us to a higher standard than Twitter - they say we allow violent content, but look what Twitter does!


There are a few problems with this approach. First, there's a factual problem: Twitter and Parler take very different approaches to moderation. Hell, *that's Parler's entire pitch.* So "we're the same as Twitter, why are you treating us different" isn't going to fly

ALSO, the hashtag was mostly people saying "these folks are calling to hang Mike


And ALSO also, did anyone notice any prominent right wingers complaining about losing tens of thousands of followers yesterday? You know why they did? Because Twitter has been active in deleting accounts that violate its TOS
BUSINESS
Akiva Cohen
Akiva Cohen
@AkivaMCohen
Seriously people. Executive orders mean exactly nothing to what Trump legally can or can't do to fuck with the election results (which is zero). Stop letting idiots make you crazy

There are two very simple, very basic reasons executive orders are meaningless here. Understand them, please

1) the president cannot issue an executive order that grants himself a power he does not already have. For example, the president could not issue an executive order saying that from now on he can make laws they don't need to pass Congress

(I mean, he could sign an executive order saying that, but it wouldn't have any legal effect)

2) the president can issue executive orders at any time.
TRUMP
Akiva Cohen
Akiva Cohen
@AkivaMCohen
OK, #Squidigation fans, I think we need to talk about the new Wisconsin suit Donald Trump filed - personally - in Federal Court last night. The suit is (as usual) meritless. But it's meritless in new and disturbing ways. This thread will be


Not, I hope, Seth Abramson long. But will see.

I apologize in advance to my wife, who would very much prefer I be billing time (today's a light day, though) and to my assistant, to whom I owe some administrative stuff this will likely keep me from 😃

First, some background. Trump's suit essentially tries to Federalize the Wisconsin Supreme Court complaint his campaign filed, which we discussed here.


If you haven't already, go read that thread. I'm not going to be re-doing the same analysis, and I'm not going to be cross-linking to that discussion as we go. (Sorry, I like you guys, and I see this as public service, but there are limits)

Also, @5DollarFeminist has a good stand-alone thread analyzing the new Federal complaint - it's worth reading as well, though some of the analysis will overlap.
TRUMP

More from Law

Jo Maugham
Jo Maugham
@JolyonMaugham
The High Court gave us 'permission' to bring some of our judicial review arguments in relation to the Government's odd PPE contracts. We are today asking again for permission to bring the others. You can read our (remarkable) Skeleton and Statement here.

We chose these three contracts (Clandeboye/Ayanda/Pestfix) in June/July when we had much less understanding than we do now about what was going on. Once you appreciate that fact, what we have already uncovered (before disclosure) about those three is all the more remarkable.

Let me just focus on one aspect of those contracts: the quality of the product supplied by those companies (respectively, a confectionery wholesaler, a 'family office', and a pest control specialist).

And, rather than me editorialising, let me quote the words of those companies themselves, or Government, or Government agencies.

This is what Government says about what we bought from Clandeboye (we spent a total of £108m on gowns).

But how can they not be cleared for use as gowns? And yet be "authorised for distribution... as part of the PPE ensemble"? It doesn't sound like what we got was gowns.
LAW
Abd\u2019Allah Lateef
Abd’Allah Lateef
@AbdAllahLateef1
Five years ago this week in a 6-3 decision, the United States Supreme Court declared that its prior 2012 ruling in Miller v. Alabama applied retroactively, thereby requiring that hundreds of former life-sentenced children like myself be resentenced.

I recall that day being one of subdued jubilation tempered by cautious optimism, having absolutely no confidence in how the sentencing judge or the parole board would respond to this High Court mandate. Would I be given an opportunity to live a meaningful life…

...or would I be condemned to prison for the rest of my life? Terrifying questions that had no immediate answers.

On June 27, 2017, I was resentenced to a term of 30-to-life. Following a successful parole hearing in August, on October 10, 2017, after being disappeared from society for over three decades, I walked out of prison on parole for life.

Sadly, in the four-year interim between the Miller and Montgomery decisions, my mother lost her battle with cancer. She was my last surviving (immediate) family member. For me, the Montgomery decision serves as a painfully cruel reminder that “justice delayed, is justice denied.”
LAW
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Tony Stark \U0001f9ec\U0001f1f9\U0001f1e9
Tony Stark 🧬🇹🇩...
@HighInteIlect
The Supremacy Of The Shari’a- A Thread 🧵

The Shari'a Law has been a subject of inequitable prejudice for a long time, which we already know is false & illogical.

However, as long as such claims are being made- we will have to falsify 'em.😏

Let's debunk all the myths.

Harvard Economists point out how eradication of poverty in secular states is one of the pressing issues academics face.

In fact, around a billion people live in extreme poverty conditions under the notion of secularism.

https://t.co/gVp2jRtjqU

https://t.co/oZELY0BFrd


Contrary to secularism-Islam was extremely triumphant in this regard.

The Shari'a states successfully eradicated poverty by creation of a welfare society & the institutionalization of obligatory charity.
https://t.co/5xpQkQ6ZQb
https://t.co/KH1sl1omB5
https://t.co/38ak5CUK1L


A logical outcome of 0% poverty is 0% crime rates, as criminologists point out.

This can be explained by the theory of Synnomie, which explains 0% crime rates & ideal social order under the Shari'a.

https://t.co/QwtLB6xEFW
https://t.co/HskBa5qy4P
https://t.co/mklS6BIOL0
LAW
Consortium News
Consortium News
@Consortiumnews
We're standing by in the virtual courtroom for @CraigMurrayOrg's trial to begin. Our tweets will be on this thread. More info on the case can be found at

Presiding are Lord Turnbull, Lord Menzies and Lady Dorian. Court its now in session.

#CraigMurray
LAW
Leah AntiTrustButVer1fy Nylen
Leah AntiTrustButVer1f...
@leah_nylen
In a final address, @JusticeATR Makan Delrahim says some of the changes recommended by House Judiciary are "quite sensible." DOJ needs more funding for antitrust, and he backs higher filing fees for mergers.

He has six recommendations: 1) Create bright line rules and alter burden of proof for mergers.

“Courts need additional guidance in these cases.” In cases where a company has more than 50 percent market share, burden should be on merging parties for any transaction in that market, he says

DOJ would still have to prove the market definition and the market share of the dominant firm.
LAW

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10 Signs of Social Intelligence 🧠

1-Smile
2-Good posture
3-Strong eye contact
4-Fluid hand gestures
5-Let’s others talk more
6-Listens & relates
7-Comfortable Touching people
8-Walk with a swagger
9-Speaks at slower pace
10-Keeps calm under criticism

[ QUICK THREAD ]


1-Smile

How do you feel when you see someone that looks angry?

It’s a downer

No one will want to interact with you if you look pissed all of the time, it’s just negative energy

Plus, smiling is a sign of confidence and boosts others moods


2-Good posture

Don’t walk Into any social setting looking like the hunchback

It’s weak and makes you look low energy

Plus, you’re displaying low status with weak posture

Stand up straight with your chin up & chest out like a god

Walk like you’re proud of yourself


3- Strong eye contact

Ever shake someone’s hand & their eyes are either looking down or darting?

It’s weak & you probably won’t trust them

Or in conversation?

Eye contact while talking means you’re listening and paying *Attention*

Strong eye contact displays confidence


4-Fluid hand gestures

Use your hands to talk & express your points

Don’t stand there like a robot

Using the hands can make what you’re talking about exciting

It can also be used to emphasize

Exciting = positive emotion

Remember, making people FEEL is what’s important
LIFE
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Amit Schandillia
Amit Schandillia
@Schandillia
[THREAD: HISTORY OF THE HINDU TEMPLE]
1/102
Four hours south of Aswan in Lower Nubia, right by the Nile, is a region dotted with temple complexes built more than 3,000 years ago. Some like the temples of Amada, Derr, and Beit el-Wali go as far back as 1500 BC.


2/102
A little further south, not far from the border with Sudan, is another complex dedicated to Ramses II, Hathor, and Nefertari in the village of Ipsambul, better known locally as Abu Sunbul and internationally as Abu Simbel. These go back to the 13th century BC.


3/102
Djeser-Djeseru, also known as the mortuary temple of Hatshepsut in Upper Egypt also dates to 1400 BC. Over 500 years older is the nearby Mentuhotep II, also a mortuary temple. Both were dedicated to the cult of Amun Ra, besides their respective pharaohs.


4/102
Far older is the Ġgantija complex of Malta. Going as far back as 3600 BC, this one comprises of two temples entirely made of stone and enclosed in a stone wall. From the figures therein, it's understood to be a site of some kind of a fertility cult worship.


5/102
Dating from the same period are the limestone megaliths of Ħaġar Qim and Mnajdra, both said to have once hosted ritualistic sacrifices as part of the same fertility cult worship as found in the Ġgantija complex. Malta has some of the oldest temple complexes in Europe.
RELIGION
The New York Times
The New York Times
@nytimes
Stan Lee’s fictional superheroes lived in the real New York. Here’s where they lived, and why. https://t.co/oV1IGGN8R6


Stan Lee, who died Monday at 95, was born in Manhattan and graduated from DeWitt Clinton High School in the Bronx. His pulp-fiction heroes have come to define much of popular culture in the early 21st century.

Tying Marvel’s stable of pulp-fiction heroes to a real place — New York — served a counterbalance to the sometimes gravity-challenged action and the improbability of the stories. That was just what Stan Lee wanted. https://t.co/rDosqzpP8i


The New York universe hooked readers. And the artists drew what they were familiar with, which made the Marvel universe authentic-looking, down to the water towers atop many of the buildings. https://t.co/rDosqzpP8i


The Avengers Mansion was a Beaux-Arts palace. Fans know it as 890 Fifth Avenue. The Frick Collection, which now occupies the place, uses the address of the front door: 1 East 70th Street.
CULTURE
Anastasis
Anastasis
@OrdersofM
https://t.co/6cRR2B3jBE
Viruses and other pathogens are often studied as stand-alone entities, despite that, in nature, they mostly live in multispecies associations called biofilms—both externally and within the host.

https://t.co/FBfXhUrH5d


Microorganisms in biofilms are enclosed by an extracellular matrix that confers protection and improves survival. Previous studies have shown that viruses can secondarily colonize preexisting biofilms, and viral biofilms have also been described.


...we raise the perspective that CoVs can persistently infect bats due to their association with biofilm structures. This phenomenon potentially provides an optimal environment for nonpathogenic & well-adapted viruses to interact with the host, as well as for viral recombination.


Biofilms can also enhance virion viability in extracellular environments, such as on fomites and in aquatic sediments, allowing viral persistence and dissemination.
ALL