Oh goddamn the comments responding to this.

Let's rapid-fire some of these, but to begin with the most basic principle:

A sincerely held belief is protected the same as any other, there is no threshold of legitimacy for either the religion or the tenet.

1/
Yes, it costs more money to abide by constitutional and statutory rights than to disregard them. The fact that the source of his belief comes from Wikipedia rather than the Dead Sea Scrolls is irrelevant.

2/
The precedent that "the courts do not assess the legitimacy of a religious belief, just its sincerity" is long-standing.

People imprisoned by any government *should* take advantage of the right to religious accommodation.

3/
There are whole lineages of cases involving the limits of "my religious beliefs are X" as applied to "therefore I must be allowed to do a crime".

Eating organic food is not a crime, this is a nonsequiter.

4/
If you wind up in prison and have a demonstrably sincerely held belief (e.g you refused to eat for more than a week because it did not meet that dietary limitation), you would have the same cause of action.

5/
NB: that has *nothing* to do with whether there is some obligation to ensure you can follow that restriction while you're not incarcerated. Being directly in government control is very different from "the government could pay for my food if it wanted to".

6/
There seems to be some confusion between "other dietary choices" and "religious restrictions on diet".

Here's a cheat sheet:

Are you picking it (including for ethical reasons), or do you think it is a spiritual obligation?

7/
This is about pre-trial detention. Important suffix: "pre". It doesn't change the constitutional or statutory analysis, but it seems important to remind people that he's not "doing the time" because he hasn't been convicted of anything yet.

He's guilty as sin, but holy shit

8/
Because it would be extreme to deny someone their religious dietary requirements, right?

Not because of some idiotic idea that applying the same standard to this dude's beliefs that would be applied to any other beliefs is "extreme", right?

9/
I mean... no. But I *can* explain why this has nothing to do with it.

A Muslim who follows Halal, or a Jew following kosher rules would get the same treatment. And have, because this is not the first religious dietary restriction case in this country.

10/
Five minutes on Google:

Jones v. Carter, 915 F. 3d 1147 (7th Cir. 2019).

Shakur v. Schriro, 514 F.3d 878 (9th Cir. 2008).

What in the good goddamn are people talking about?

I can't say with certainty either of those plaintiffs were black, but these cases happen regularly

11/
People in the custody of the government (and thus receiving all their meals from the government) are protected against infringement by their food supplier *because they're in government custody*.

Do you seriously want to make that trade?

12/
If they can show it's a sincerely-held belief, absolutely fuck yes they should.

Somehow I think people are mistaking "sincere belief in something I think is silly and not real" for "just say you have a religious belief and you win".

13/
Every religious belief can be derided as illegitimate and based on some stupid shit someone read somewhere. We *do not* want the courts in the business of deciding which religious views are "real".

14/

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More from @apark2453

1 Feb
I'm not wont to defend Bernie. But come the fuck on.

"The crotchety old Jewish guy dressed for the cold because it was January in Washington D.C didn't seem excited enough" is not white privilege.

But let's look at how to construct a (very dumb) narrative.

1/
First: deploy recognition of white supremacy not as a matter of real inquiry (analysis of what white supremacists advocate, align themselves with, or portray themselves as), but as akin to Potter Stewart on pornography: "we know it when we see it"

2/ Image
This, then, frames the discussion: if "we" see white supremacy, it is there. The only question left is why *others* can't "see".

Eliding, not subtly, the questions of "why do we think this teacher knows what white supremacy looks like" or "how good is her class's judgment?"

3/
Read 8 tweets
1 Feb
The one wrinkle to this I'd add is that there's evidence for a third group (separate from "people who follow rules" and "people who don't") who will follow rules conditionally.

Specifically if they don't see that other people *aren't* and getting away with it.

1/
These are called "contingent cooperators", and the fastest way to lose their cooperation (e.g. free-riding in a tax game) is for them to see other people refusing to cooperate.

And that seems to be a spectrum, with different thresholds for cooperation loss.

2/
Most people feel like fools if they follow the rules and other people don't. Which is both a support for Lane's argument (don't make rules you won't/can't enforce) but also a support for rule-enforcement as a way to encourage cooperation.

3/
Read 6 tweets
8 Dec 20
I *do* want to pick it apart!

And... Wow. This is art.

154 pages.

One entry on the table of contents: "Motion for leave... page 1".

1/
Typically one can sue a group of defendants together whey they acted in concert. It'd be a weird kind of joinder rule to be allowed to file one lawsuit against three different defendants under three different theories of wrongdoing solely because "it's all election stuff".

2/
Each of these is alleged at a different state. None are *true* of course, but even if true I'm not sure why Paxton thinks he can file one suit against all three on three different theories.

And the third is just silly.

3/
Read 76 tweets
8 Dec 20
wsj.com/articles/south…

This is an interesting set of hot takes from the governor overseeing the highest positive testing rate of any state in the country.

I'm sure it won't come as a galloping shock that her "better" numbers are bullshit.

1/
This is already untrue. Cases in the last seven days/100,000 in South Dakota is 98.6. Illinois is 75.6.

If we include data since January 21st, South Dakota's per capita rate is almost twice as high.

But I'm sure we'll stick with "last seven days" throughout, right?

2/
Recent figures are probably the better measure, and Noem is correct to use them. Otherwise we're getting a lot of noise from the early going based on where the virus cropped up. At this point it's everywhere. So current numbers are more indicative of competence

3/
Read 6 tweets
8 Dec 20
Let's take some time to break this down.

Starting with the weird analogy between "actual distribution of species on the planet" and "representation of groups of people in fictional media."

It's a step or two removed, but it's basically the thermian argument.

1/
It requires viewing a fictional world like a continent: it either does or does not have certain things in it and that's just how it goes. There just don't happen to be kangaroos in Europe, so don't complain.

NB: there are, people pay to see them

2/
As no one should need to be reminded of: fictional worlds are not real places. Everything in them is put in them by choice. There's no natural selection, no speciation which leads to some species of birds in some places and not others. Every blade of grass is put in by choice

3/
Read 6 tweets
7 Dec 20
All right, R is off work and can confirm all of this. I'll preface by saying: I definitely got heated after someone suggested I get the gun I didn't know they had and shoot myself in the head.

But I'm getting ahead of myself.

1/
First, to set the stage: both R and I were a bit leery of it to begin with. We'd had get-togethers and in all of the recent ones where were a lot of "those goddamned millennials" talk.

2/
With "millennial" meaning "anyone younger than them" since apparently it covered everyone from school administrators probably only a decade my mother's junior to my younger brother's (currently a college Senior) classmates.

Obviously that's not quite right.

3/
Read 20 tweets

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