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
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
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
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Akiva Cohen
Akiva Cohen
@AkivaMCohen
OK, let's start talking about the House's 80 page brief on impeachment. It really is an incredibly well-done piece of work. There are some things I'd do differently and some pieces I didn't love, but overall, it's very very good.

Again - this thread will happen in fits and starts. I'm swamped at work and this will come in 10-15 minute chunks as I take a break

Let's start by taking a look at the table of contents. After a 4-page intro (that's relatively long, don't love it), the brief spends a solid 30 pages walking through the facts underlying the impeachment - and, the subheadings tell us, tying in Trump's general refusal to accept


the election results with everything that followed. This is a strong rhetorical approach, but it comes with dangers: the President not only had a legal right to contest the election results, but the GOP Senators pretty much all backed that right, strongly.

It's going to be important to thread a needle of saying "this set the stage for what came after" without putting yourself in a place where you're trying to convince the Senate that the challenges themselves were impeachable. That won't fly
CULTURE
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
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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Jeff Carlson
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@themarketswork
This issue was repeatedly highlighted bu Judge Totenberg:

Dominion’s system “does not produce a voter-verifiable paper ballot or a paper ballot marked with the voter’s choices in a format readable by the voter because the votes are tabulated solely from the unreadable QR code.”


Judge also found that Dominion's QR codes are NOT encrypted:

“Evidence plainly contradicts any contention that the QR codes or digital signatures are encrypted,”

This was “ultimately conceded by Mr. Cobb and expressly acknowledged later by Dr. Coomer during his testimony.”

Judge Totenberg said there was “demonstrable evidence” that the implementation of Dominion’s systems by Georgia placed voters at an “imminent risk of deprivation of their fundamental right to cast an effective vote,” which she defined as a “vote that is accurately counted.”

Judge Totenberg found that Dominion Systems inherently could not be audited.

She noted that auditors are severely limited and “can only determine whether the BMD printout was tabulated accurately, not whether the election outcome is correct.“

Totenberg stated in her ruling that a BMD printout “is not trustworthy” and the application of an Risk-Limiting audit (RLA) to an election that used BMD printouts “does not yield a true risk-limiting audit.”

Georgia used RLAs to claim no fraud...
LAW
Bar & Bench
Bar & Bench
@barandbench
Delhi High Court begins hearing plea concerning #COVID19 situation in the national capital.

Hearing before Justices Vipin Sanghi and Rekha Palli.

#OxygenCrisis #OxygenShortage

@CMODelhi @MoHFW_INDIA


Any orders passed by the Supreme Court: Court

It is listed today. As of now I have no instructions: ASG Chetan Sharma

It will be taken up once item 301 is over : Counsel

We will proceed. Did the meeting take place : Court

Yes, it did. Mr Mehra is appearing before Surpreme Court: Adv Satyakam urges Court to take up the matter little later.

Maharaja Agrasen Hospital, adv Alok Aggarwal: We have ICU beds and emergency beds. We don't charge emergency patients for oxygen. There is a notice to Hospitals saying we have to attend to all emergency patients within 10 mins and give them oxygen and medicines.

There is no one who is able to tell us there are people supposed to go if we can't admit them. We are full. They can't keep on occupying emergency area.. I can't kill a person because I've to admit another patient : Aggarwal
LAW
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Dividend Growth Investor
Dividend Growth Invest...
@DividendGrowth
Charlie Munger on Delayed Gratification:

I've also got the money-sense gene. The first 13 years I practiced law, my income from practicing law was $300,000 total.

At the end of that 13 years, what did I have?

1/


A house. Two cars. And $300,000 of liquid assets. Everyone else'd have spent that slender income, not invested it shrewdly, and so forth.

I just think it was, to me, it was as natural as breathing, and of course I knew how compound interest worked!

2/

I knew when I saved $10 I was really saving $100 or $1,000 ,because of the future growth of the $10.

It just took a little wait. And when I quit law practice it was because I wanted to work for myself instead of my clients, because I knew I could do better than they did.

3/

You only get a few opportunities, and you have to grab them aggressively when they come because even in the most favored life, they're really rare.

I always feel that the opportunities are rare. I only get a few and then I have to seize them aggressively.

4/

Now that lesson I just talked about, it is taught in no business school I know of. But…everybody who has any sense ought to know [that] at the start of life, and practically nobody does.

I just described reality the way it really is.

5/
LAW
Teri Kanefield
Teri Kanefield
@Teri_Kanefield
This is what he wants to do.

No matter how this trial plays out, the US will remain divided between those who choose truth, Democracy, and rule of law and the millions who reject these things.

1/


The question is how to move forward.

My mantra is that there are no magic bullets and these people will always be with us.

Except for state legislatures, they have less power now than they have for a while.

2/

The only real and lasting solutions are political ones. Get Democrats into local offices. Get people who want democracy to survive to the polls at every election, at every level.

It’s a constant battle.

3/

Maybe I should tell you all about Thurgood Marshall’s life to illustrate how hard the task is and how there will be backlash after each step of progress.

4/

Precisely. That's why Thurgood Marshall's life came to mind.

We are still riding the backlash that started after the Supreme Court decision in Brown v. Board of Education.

That's why I keep saying there are no easy
LAW
effenen donkerder
effenen donkerder
@EffenenD
Reeeeeeeeeeeeeeeeeee

If you are one of those conservatives right now saying "we will not #Resist, we're better than the left" then FUCK YOU

YOU are the reason we're here right now

Anyone not declaring total war on this joke of an administration is beyond saving

1/


For the last four years these animals have weaponized the courts, the media, their bolshevik shock troops and generally made life nightmarish for anyone who opposed them

They committed to their ideology and realised that THIS IS NOT A GAME

2/

You are facing an enemy that is stronger, has greater reach, limitless resources and excels at propaganda

If you sit there talking about honour, decorum and "fair play" YOU WILL DESERVE EVERYTHING THAT HAPPENS OVER THE NEXT FOUR YEARS

3/
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Today I'm going to expose these so called reviver of Sanatan dharma.

Arya samaj's main book which they treat as their bible is Satyarth Prakasha. Which was written by "Maharishi" Dayanand Saraswati.

Dayanand Condemned Idol worship and blamed it on jains . like really??


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here is hate against Vaishnavas
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Ever notice how the top niches are centered around health, wealth, and relationships?

There's a deep-rooted psychological (and biological) reason why.

And today, I'm gonna to explain all of it so you can start profiting off of this knowledge 💰💰

*Now, this thread is going to be long and in depth. Make sure to favorite the top tweet now so you can come back to it later.

So. Down to the very core of every living being (humans, dolphins, bacteria, aliens), there are only two drivers:
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Right off the bat, we know that sex is a primary driver to human behavior.

This would also mean that each gender has its own insecurities regarding sex.

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Women have a fear that their man will leave them for someone younger & better-looking

We can conclude that men are attracted to looks, and women are attracted to status.

This is human nature down to its very core.

Crazy, blue-haired feminists will try to argue and say otherwise.

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Here's a quick visualization exercise so you can see how true all this is...
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Took me 5 years to get the best Chartink scanners for Stock Market, but you’ll get it in 5 mminutes here ⏰

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Hey, for people interested in this stuff, here's a thread about a change we made to running our facebook account:

So, about 5 years ago, we got on facebook. Why? Well, facebook has a big audience and they like to consume on facebook. So, we started posting comics there, even though we got paid nothing and facebook made money off the free content.

Why? Because back then, once in a while, you would say "also hey, I sell books" or "hey, I'm going to be signing at this event" and your facebook followers would actually see it.

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Joe Rogan's podcast is now is listened to 1.5+ billion times per year at around $50-100M/year revenue.

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👏

https://t.co/RywAiBxA3s

Joe is the #1 / #2 podcast (depends per week) of all podcasts

120 million plays per month source https://t.co/k7L1LfDdcM


https://t.co/aGcYnVDpMu
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