https://t.co/u8GypCeRT4
The judge in this case has now issued an absolutely brutal smackdown that you'll enjoy reading. It comes complete with a well-earned threat of sanctions.
Folks, this is the single dumbest election lawsuit of the entire cycle, and I've read kraken filings front to back. https://t.co/PLHTf7HhbM
— Akiva Cohen (@AkivaMCohen) December 22, 2020
Because the substantive argument was loony tunes
More from Akiva Cohen
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).
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).
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
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
Five minutes of scrolling a search for #hangmikepence, a gallery: pic.twitter.com/40hsyJNK50
— Jawafawa (@jawafawa) January 11, 2021
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
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
More from For later read
1. A little DRASTIC Project you may be able to help with?
We want to collate all references to DRASTIC in academic papers & media articles
Here are a few:
medium article by @emmecola
thorough report by @netpoette
@ColinDavdButler 's Paper
Please add any links to this thread. Tks!
2. More References
Papers by @MonaRahalkar and @BahulikarRahul
Papers by @Rossana38510044 and @ydeigin
Medium articles & papers by
@gdemaneuf & @Rdemaistre
Papers by @flavinkins (Daoyu Zhang)
Papers by "Anon" & "interneperson"
French News - le Monde
Can anyone remember any more?
3. More References
Papers & Blog Posts by @Harvard2H (Sirotkin & Sirotkin)
260 Questions for WHO collated by @billybostickson
If you find mentions of our individual names or "DRASTIC" in Papers or News, please forward here to this thread as links or screenshots.
Histoire du COVID-19 – chapitre 6 - Partie 2 : Pourquoi le séquençage complet du virus RaTG13 n'a pas été communiqué par Shi Zheng Li avant février 2020 ? https://t.co/MYEZZSAzaE
SARS-CoV-2: lab-origin hypothesis gains traction
BY ANNETTE GARTLAND ON OCTOBER 12, 2020
https://t.co/sPs1y8Herg
We want to collate all references to DRASTIC in academic papers & media articles
Here are a few:
medium article by @emmecola
thorough report by @netpoette
@ColinDavdButler 's Paper
Please add any links to this thread. Tks!
2. More References
Papers by @MonaRahalkar and @BahulikarRahul
Papers by @Rossana38510044 and @ydeigin
Medium articles & papers by
@gdemaneuf & @Rdemaistre
Papers by @flavinkins (Daoyu Zhang)
Papers by "Anon" & "interneperson"
French News - le Monde
Can anyone remember any more?
3. More References
Papers & Blog Posts by @Harvard2H (Sirotkin & Sirotkin)
260 Questions for WHO collated by @billybostickson
If you find mentions of our individual names or "DRASTIC" in Papers or News, please forward here to this thread as links or screenshots.
Histoire du COVID-19 – chapitre 6 - Partie 2 : Pourquoi le séquençage complet du virus RaTG13 n'a pas été communiqué par Shi Zheng Li avant février 2020 ? https://t.co/MYEZZSAzaE
SARS-CoV-2: lab-origin hypothesis gains traction
BY ANNETTE GARTLAND ON OCTOBER 12, 2020
https://t.co/sPs1y8Herg
Humans inherently like the act of solidarity. We are social beings. We like to huddle up and be together.
They used this against us.
They convinced us that it was an act of solidarity to flatten the curve, to wear a mask for others, to take the vaccines for others,
and to reach #covidzero for others. They convinced us that this was for the greater good of society.
In reality, this couldn't be further away from the truth. They have divided us and broken the core structure of our society. They have dehumanized us with their masks.
They set us against each other into clans on opposite sides of a spectrum. They have turned us into aggressive beings fighting for our survival. Some of us fear harm from the virus, others fear harm from the vaccine, and yet others fear harm from the attack on our civilization.
We are all on a flight or fight mode. We are all operating under the influence of fear. We must collect ourselves and reflect on what has happened over the last year.
How is this for the greater good of society?
They used a tactical warfare strategy against us.
'Divide and conquer'.
We fell for it.
Now we must become aware of it and fight back.
We must reunite. We must find true solidarity to save our world. To free ourselves. To regain our autonomy.
They used this against us.
They convinced us that it was an act of solidarity to flatten the curve, to wear a mask for others, to take the vaccines for others,
If there was ever a time in our lifetime to be non-partisan and for citizens of all walks of life globally to unite behind the basic fundamentals of humanity, freedoms, liberties, human rights, sovereignty, autonomy, dignity, empathy and compassion: it is now. https://t.co/Fa3ieEq51x
— Kulvinder Kaur MD (@dockaurG) January 9, 2021
and to reach #covidzero for others. They convinced us that this was for the greater good of society.
In reality, this couldn't be further away from the truth. They have divided us and broken the core structure of our society. They have dehumanized us with their masks.
They set us against each other into clans on opposite sides of a spectrum. They have turned us into aggressive beings fighting for our survival. Some of us fear harm from the virus, others fear harm from the vaccine, and yet others fear harm from the attack on our civilization.
We are all on a flight or fight mode. We are all operating under the influence of fear. We must collect ourselves and reflect on what has happened over the last year.
How is this for the greater good of society?
They used a tactical warfare strategy against us.
'Divide and conquer'.
We fell for it.
Now we must become aware of it and fight back.
We must reunite. We must find true solidarity to save our world. To free ourselves. To regain our autonomy.