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Cake day: July 9th, 2023

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  • Wouldn’t the establishment of a new precedent require the Supreme Court to overturn their previous ruling though? I’m not super familiar with the judicial system, so perhaps someone could tell me if I’m on the right track here with this hypothetical series of events

    1. Charges filed
    2. Defense motions to dismiss case on grounds that police don’t have to protect anyone
    3. Prosecution counters that that’s not necessarily what they are arguing here
    4. Judge at the lowest level with jurisdiction decides to allow the case to proceed based on prosecutions argument that they aren’t litigating settled law
    5. Trial
    6. Defendants found guilty
    7. Defense files an immediate appeal and a stay of sentence because they still feel like their clients are protected by precedent
    8. Repeat until Supreme Court gets a writ of certiorari asking them to take up the appeal
    9. If SCOTUS accepts the case, they will decide if A) the defense IS actually protected by precedent in this scenario B) whether previous precedent is constitutional and C) the ultimate fates of the defendents 9.1 If SCOTUS does not take up the case, the lower court’s decisions are affirmed and that becomes legal precedent.

    Is that a probably series of events? Obviously the suit being allowed to continue and the defendents being found guilty are huge assumptions, but, assuming they come to pass, am I on the right track here?



  • Blackgate.com - the remnants of Black Gate magazine, which was published from 2000-2011 and then continued in digital form since. It focuses primarily on vintage literary fantasy, though occasionally the an article will be published in films or new fiction. Of particular note to nerds is the Cinema of Swords column by Lawrence Ellsworth, who fantasy fans may be familiar with as the Principal Narrative Designer for Baldur’s Gate 3. I’m not so immersed in the fantasy world that I understand most of what is discussed on the blog, but it is a nice taste of the old Internet, one which might resonate with other fediverse users.



  • I’m no legal scholar, but my read on Thomas is that he is, at the end of the day, a constitutional originalist. He is also a scumbag, but the opinions of his that I’ve read tend towards similar things: i.e. what does the Constitution/Founding Fathers say about this issue? Of course, most of the time, that ends up generating some wacko opinions because he’s generally unwilling to deviate from at 1700s era mindset. In fact, he seems to immerse himself in that mindset in order to form his opinions.

    For example, if you read the majority opinion he wrote, Thomas defines the case very narrowly on Constitutional grounds. Basically, the payday loans companies argue that the consumer protection agency is in violation of the Constitution because, unlike most other federal agencies, its director is imbued (by Congress, mind you) with the power to withdraw up to a stuatory cap of funds from the Federal Reserve every year “as [they] determine fit to meet the agencies operating expenses”. The loan companies say that this is in violation with the Appropriations Clause of the Constitution, which states, " no money shall be drawn from the Treasury except in consequence of Appropriations made by Law".

    So, Thomas’s approach to this disagreement is to determine what an “Appropriation” is, as it might have been defined by the people who wrote the clause. To do so, he, I shit you not, consults a dictionary from the period, like the intro to a lazy term paper ("Merriam-Webster defines appropriation as…). He also gets into the historical case law of Britain, rather extensively, as he believes (probably accurately, frankly) that that’s the best way to understand what the authors of the constitutional had conceived as they wrote the document.

    After all of this, he winds up with several examples of executive agencies which do/did not fund themselves via the standard appropriations bill process (Customs Offices and Post Offices being the primary examples used). So, he concludes that it’s clear that the Founding Fathers had a broader view of how to find the government than ONLY annual appropriations bills, even if the literal text seems to indicate otherwise.

    Also, he points out that the whole thing kinda falls apart in the sense that the creation of this agency was an act of Congress, with stuatory funding regulations drawn up by Congress, which was then signed by Obama into law. So, Congress made a law that said this particular agency is allowed to bypass the appropriations clause in x y z ways. Thomas has a stack of historical records which show that this was something the founders not only were aware of, but actively sanctioned via how the Post Office and Customs offices were set up at their establishment. So, he has no choice but to conclude that this agency is in line with what Jefferson et al had in mind. Thus, tough shit payday loans, bribe a congressman to change the law because ain’t shit can be done from a judicial perspective. Which, I imagine is probably what Thomas told these companies’ bag men when they showed up to secure his opinion.










  • Only do so if you have high tolerance for bad filmmaking. I’ve seen the live action sequels, and they are BAD. The second film feels like an unrelated script that got attached to the IP for name recognition. As I recall, it’s dull, poorly acted, ugly, and cheap. The third film does lean into the IP, complete with satirical propaganda gags and, yes, mech suits make an appearance. However, my recollection of the rest of the movie is that it is dull, poorly acted, ugly, and cheap, but less so than the second.

    If you enjoy Sci Fi Channel original movies from the early 00s, these movies are birds of a feather with those.





  • Fwiw, this is not a case of China stepping in and censoring anything about the awards. Rather, it’s a case of the Hugo administration in the West self-censoring their nominees because they feared China might step in if they didn’t get ahead of the curve.

    Of course, that doesn’t really change the situation, but we shouldnt get the story twisted here. The blame falls on the administrators who were so afraid of a threat that they imagined that they caved to non-existent demands, rather than the Chinese (at least for direct fault, since you could argue the Chinese government’s policies indirectly led to this situation and I wouldn’t fight you on that).