akivamcohen.bsky.social Profile picture
Aug 8, 2021 24 tweets 8 min read Read on X
Oh, baby, no, what are you doing?
"You are discriminating against us on the basis of race, in that some of us are black and some of us are white" might be the stupidest line in this godawful year of performative political litigation, and that's in a field fucking full of elite level contenders
Lest you think that stupid performative political litigation is limited to the Trumpist right, this is a suit filed by some of the Democrats who fled Texas to deny the legislature a quorum, against Texas' governor, house speaker, and - AFAICT - a random Black GOP house rep
I mean, I kind of get what the Texas Governor and House Speaker are doing in this LOLsuit, but what did poor James White do?

house.texas.gov/members/member…
I'm gonna skip Paragraph 2, which is just a list of where each of these reps live, and jump to the rest of the intro, which will of course explain in broad terms what this suit is abo--- oh my god what is this shit?
I mean, it doesn't actually say "we're suing because the House is imposing consequences on us for fleeing the state to avoid a quorum" but that's got to be what this is about, right? If so, in what universe is that "because of [your] protected status"?
Also, how do you ask for what looks to be a fucking class action to protect the class of "state legislators who want to deny the legislature a quorum by leaving town"? Remember that "numerosity" requirement we discussed in the Trump class action thread? There are only 150 of you!
And no, the consequences are not "because you are petitioning Congress". It's because you're refusing to appear in the Texas house to do your jobs of voting on the bills before you. And, well, Texas has rules governing what happens if you do that.
1) This has nothing to do with whether you have a good reason to deny them a quorum (the proposed bills are pretty fucking awful)

2) This has nothing to do with what you're doing on your out-of-state jaunt. The fact that you chose to go to DC instead of bird watching in Alaska
is not a get-out-of-consequences-free card.

Texas's rules on "legislators who refuse to appear to deny a quorum" don't have a "unless you've got a really good reason" exception.
Also, if your case is based on "we did this Constitutionally protected thing and now they are harming us because of it" you might want to include WHAT THE THING WAS and WHAT IS HAPPENING TO YOU in your fucking introdamnduction, you goofballs
Like, Federal civil rights cases against a state governor are not the place to maintain an air of alluring mystery.
Oh come the fuck on, really?
You can tell I'm doing this live, right?

Look, I know I said I was going to skip Paragraph 2, but it turns out I'm not. I'm just going to show it to you now.

Along with Paragraph 6.
I mean why? Why would anyone do this?

I can usually come up with a reason why, in the mind of the lolyer filing the lolsuit, the stupid thing they said or pled contributes to the case, but I'm at a complete fucking loss here.
I mean, were they concerned that the first time wasn't enough? Were they just so proud of the pleading they thought doing it twice would be even more effective? What the hell?
No, really, White is absolutely just a random member of the House (of RepresentativE, apparently)
This sounds really serious. I wonder what that course of conduct was?
No, really, I wonder what it was.

Because they don't bother pleading any specific things
Guys, I have literally never seen this before. I've seen complaints that plead batshit conspiracy lunacy (by amending the Help America Vote act, every person in every government conspired to rig the election). ...
I've seen complaints plead factual allegations that just aren't actionable. "On June 12, 2020, he called me a piece of shit! That's defamatory!"
But I've never seen a complaint that doesn't bother pleading ... anything, at all.
"They're violating my rights!"
"How?"
"By doing what they're doing!"
"What are they doing?"
"Violating my rights!"
And then they top it off with a request for injunctive relief.

"Your Honor, make them stop!"
"Stop what?"
"What they're doing!"
"Which is?"
"Violating my rights!"
Hey, @RMFifthCircuit ... ever hear of these jokers before?

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More from @AkivaMCohen

Jun 30, 2023
OK, time to get myself ratioed.

The SCOTUS affirmative action decision was legally wrong - poorly reasoned and legally silly. But in the long run, and if it spurs schools to use socioeconomic status and opportunity as the finger on the scales, it will be a net positive
Race is a blunt instrument, and I think we *all* agree that, for example, Willow Smith doesn't need or warrant any sort of bump on her college application. But Willow Smith is a WILD outlier and "but what about [insert rare exception]" isn't a useful policy framework
So yeah, it was perfectly reasonable for universities to use that blunt instrument.

As many of these university reaction statements are making clear, the burden will now be to find finer instruments that allow for the same intended benefit of taking into account the very real
Read 7 tweets
Jun 9, 2023
This thread from Yesh is a good example of a philosophical mistake I like to call "solutionism" - the belief that if a problem is bad enough then there must be a solution out there to resolve it, because "yeah, it sucks, it can't be solved for" is too unthinkable to bear
You see it a lot in the context of Israel/Palestine, with people convinced that the right mixture of fairy dust & button pushing can lead to a peaceful resolution that addresses all of the important and competing imperatives, it's just that nobody has found the right mixture yet
And we're seeing it with "a large portion of the population is willing to believe any prosecution of crimes by Trump is political"

Yes, that sucks. Yes, that's a potentially society-destroying problem.

No, there isn't a solution
Read 8 tweets
Jun 9, 2023
@yesh222 You don't worry about that, because it's not a solveable problem. You keep doing the right thing and hope that convictions and mounting evidence prevents more people from joining the conspiracy theorists, but that's all you can do
@yesh222 I said this 4 years ago, and it's proven true in every particular.

Read 4 tweets
May 19, 2023
That she was the one stealing the bike.

Literally nothing she did on the video is consistent with her new story. When her colleague came over and the kids said "that's his bike, he already paid for it" she didn't deny it, or look surprised by the claim.
Like ... how do you determine truth in a they-said-she-said situation? Watch human behavior. Throughout the video, the kids' tone is exactly what you'd expect for someone who believes their own story. Hers very much is not
And when her colleague comes and suggests that the kids get another bike, and they say "no, he paid for that bike, he unlocked it, it's his" there's exactly no reaction of "no, *I* paid for it" or "what the hell", which is what you'd expect if they were lying
Read 4 tweets
May 9, 2023
Hey, Twitter, and especially my #LitigationDisasterTourists, gather round. B/cwhile DM is focusing in on the court finding that selling videogame cheats is criminal copyright infringement and RICO, I'd like to tell you about something different. The CFAA, and @KathrynTewson
And don't get me wrong - that RICO stuff is big news that should be sending shockwaves through the cheat software industry. Cheatmakers often use resellers. Being found liable on a RICO violation means that every reseller could potentially be liable for 100% of the damage caused
by the cheat software.

And by 100%, of course, I mean 300%, since RICO comes with treble damages. Plus attorneys' fees. So that's a big deal.

As is the finding that it's criminal copyright infringement. Those are both new precedents in the area, and that's huge.
Read 21 tweets
Mar 8, 2023
I'm not inclined to forgive antisemitism, but this is more a learning opportunity than a defenestration opportunity. There are people who still legitimately don't understand that "Jew down" or "gyp" are slurs; it's just a phrase they've grown up around and use w/o thought
And yes, he doubled down when called out on it. That's almost always going to happen when someone who sincerely doesn't believe they're doing anything bigoted is called out for it in a public setting.

The real test will be whether he can learn (& apologize) as he gets more info
Also, HOLY FUCKING SHIT @pnj, you couldn't find an *actual* Jew to get a quote from, so you decided to go to a Christian LARPing as a Jew for missionizing purposes? What the absolute fuck? pnj.com/story/news/loc…
Read 4 tweets

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