Some of this stuff is really noxious. But not all of it. The idea that state officials can't enter into consent decrees that change state law without consent from the legislature is, frankly, a good one.
That's separate and apart from the fact that the consent decrees that had Trump up in arms were obviously reasonable and would have been approved. The legislature, not governors, attorneys general, or secretaries of state, is the state body that has authority to write law
In the normal course, the legislature is the only state body that can amend the laws they pass.

That the state is being sued over the law shouldn't change that by conferring authority on non-legislative officials to rewrite the law in the form of a settlement agreement
So yes, require consent from the legislature. That'll mean either (1) the end of bitching about this stuff, because they'll sign off on the obviously appropriate ones; or (2) actual court decisions after trial on unconstitutional laws the legislature won't back away from
Neither of those is a bad thing

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More from @AkivaMCohen

25 Feb
And on this note, just going to share an idea on the societal/institutional treatment of women that we can see from the megillah, if we pay attention to the text. Particularly, around Ahashverosh, Vashti, and Esther... and Mordechai.

Basically, don't be Ahashverosh (good advice)
So here's the question: What was it that Vashti did that triggered what looks like an inexplicable overreaction from Ahashverosh, and completely wild advice about societal breakdown from his advisor (Memuchan/Haman, same guy btw)?
I mean, sure, she said no to the King, and that's not really a thing you get to do in a monarchical state. But why in the world does Memuchan suggest that if the king lets this go, it'll have trickle-down effects on every subordinate government official? How does that make sense?
Read 22 tweets
23 Feb
All, I am humbly asking you to please support this important charity, which protects Jewish women from abuse and helps them through it. If my election suit coverage made your days better, and you can give or signal boost, I'd very much appreciate it…
For those who don't know, in Jewish law, a religious divorce is accomplished by means of a "Get", which is a religious document that must be given by the husband (personally or through an agent) to the wife to have any validity
Without the Get, the parties are still religiously married, with all the consequences that entails.

This should not be an issue. In 99% of cases, it's not. Not giving a Get is abusive - it leaves the wife locked in, unable to move on - and most of us aren't abusers
Read 6 tweets
21 Feb
This Israel vaccine nonsense.

1) The Oslo Accords provide that the PA is responsible for medical care in Gaza/WB
2) The PA did not ask Israel to procure vaccine for it and insisted it would procure it independently
3) Israel has not hindered them from doing so
The same folks who insist that Palestine is a state that should be a member of the UN and the ICC has jurisdiction over also seem to think Israel should be ignoring the PA's treaty-given rights and responsibilities. Because why not
Israel is rapidly vaccinating its ENTIRE population, Jews and non-Jews alike. It is not responsible for the vaccination of the population in Gaza or the West Bank, legally or morally. It *is* good epidemiology, given how intertwined the polities are, to help anyway
Read 5 tweets
18 Feb

Remember this? The legislators in ND have updated it.

Now, they are authorizing Nazis to sue you if you report their content to Twitter.

No, I'm not joking. I wish I was, but I'm not.
Here's the new bill…
Aside from trying and again failing to legislate around 230 - which protects social media companies from any liability at all for "viewpoint discrimination," they've now added an "aiding and abetting" claim against users for reporting content to moderators
Read 5 tweets
12 Feb
Access to justice issues are among the biggest of our societal issues and we just don't do enough to deal with it.

Government should subsidize litigation expenses for meritorious civil rights claims. Not attorneys fees. Expenses.
People don't realize how expensive litigation is even if you don't pay your attorney a cent. Filing fees. Court reporters. Discovery vendors. And good luck trying to get them to waive their fees
I've actually had some luck with an e-discovery vendor I use regularly. But I can't do that too often.
Read 5 tweets
5 Feb
Seriously, as a parent, I'm just sitting here feeling the agony of these parents whose baby was diagnosed with alzheimers after being vaccinated
Btw, you know what they call a baby that doesn't have much long term memory?

A baby
Read 5 tweets

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