Ninth Circuit basically endorses California’s version of Texas anti-abortion law, holding it’s ok to impose civil and criminal penalties on arbitration agreements as a condition of employment, even though plainly intended to frustrate federal law.
So what did Kindred Nursing hold if it wasn’t applying the FAA to regulation of pre-agreement conduct? 🤷‍♂️

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More from @tedfrank

14 Sep
Her ticket was surely comped, no? AOC is a policy ignoramus who would be an evil president, but I have respect for her playing the optics perfectly: she’d be lambasted wearing anything else and recognized the optimal path.

If she paid $35,000, though, yeah, hypocrite.
But at least we know that AOC won’t vote for reinstating a full SALT deduction, right?

<Natalie Portman gif>
Read 5 tweets
6 Sep
Boycotting Shang-Chi and other MCU until they pay ScarJo.

Saw her ex-husband’s movie, FREE GUY, instead. Except I guess that’s Disney, too? First movie in theaters since KNIVES OUT. Pleasant forgettable B-minus trifle that wasn’t as good or as bad as it could have been.
It’s sometimes fun when you can see the seams. The FREE GUY screenplay was clearly set up (SPOILERS!) so that Millie would restore Guy’s memory by singing to him, and they left all that foreshadowing in, but somewhere they got a note to change it to a magic kiss.
Which makes no internal plot sense, and the movie left in an earlier line in the screenplay that suggested that this was impossible, but the change was certainly more crowd pleasing.
Read 4 tweets
5 Sep
Leave aside Rubin’s strange unexplained and presumably unprincipled ideological journey.

Why isn’t she right about the §1983 option? Why can’t a deep pocket create a legal fund to indemnify abortion providers and then sue any bounty hunters?…
Separately, why can’t a straw plaintiff sue an abortion doctor now in a putative class action and get a ruling of unconstitutionality? Or does SB8 bar res judicata too?
SB8 is very clever, but it hardly seems (ahem) impregnable.

And we on the public interest right should be thinking about this stuff for when the California legislature starts creating bounties in retaliation.
Read 4 tweets
26 Jul
I suspect increased marijuana usage is a material factor in recent crime and disorder increases. It’s insane how we’re criminalizing vaping at the same time we’re legalizing a much more dangerous drug.…
The illiterates criticizing this tweet while ignoring the linked discussion of the problems of schizophrenia and cognitive decline associated with marijuana aren’t exactly impressing me regarding the dangers of cognitive decline and marijuana.
Case in point. Funny how many marijuana fanatics have trouble reading.
Read 6 tweets
22 Jul
I’m vaccinated. But flew @united Sun and Tues, landed Tues with a fever and other symptoms, got tested, got a positive COVID result Wed. And no one is contacting me for contact tracing, and @united refuses to take my info. Who at CDC do I contact, or is this still amateur hour?
Delta is real, y’all, & the unvaccinated are a menace to society. And we’re still making the stupid mistakes of 2020 if 48 hours after my inadvertently flying with COVID no one is notifying the people on my flight. (Or me from whatever person gave me Delta on my Sunday flight.)
Moderna with second shot in late January. Fever peaking at 101.5, congestion, headache, fatigue, sore throat, loss of appetite, some minor GI effects. Pulse Ox bottomed at 96. No effect on taste or smell, but that’s apparently true for Delta. So far equivalent to a very bad flu.
Read 13 tweets
27 Jun
The reporting hasn’t been very good on this: there’s just nothing in the 2018 Champlain South Surfside engineering report that suggests emergency repairs are needed. /1
The report buries the bit about structural repairs in the middle of a lengthy two-page paragraph on page 7 sentences after discussion of handrails. Like, maybe lead with the failing garage slabs in bold rather than balcony window sealant issues?… /2
The fact that condo board members are dead in the pancaked rubble kind of shows a revealed preference that they didn’t know the required maintenance was urgent. Doubt I would’ve read a report leading off with window sealant replacement and thought so either. /3
Read 15 tweets

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