Akiva Cohen Profile picture
Oct 7, 2021 7 tweets 2 min read Read on X
Here's the thing: There's not even the slightest smidgeon of doubt that SB-8 is unconstitutional. There isn't a scintilla of an argument that it can stand under current law. And nobody even tries to make one.
The only questions are procedural, because it is *expressly & intentionally* written to try to prevent courts from addressing the unconstitutionality of the law.

Texas' state government is expressly trying to trample people's constitutional rights. And the right is cheering
The right, which used to worry about "freedom" and "government overreach" is cheering "one neat trick that lets the state take away your freedom in a way the courts can't do anything about"

Because they don't like the right in question
And because they're fucking stupid enough not to realize that if this "one neat trick" works, it'll immediately be replicated by the left everywhere they can. Like your second amendment? Religious freedom? Bye-bye.
"We're not fining the nuns for not including abortion coverage in their health plans. We're just giving anyone negatively impacted a cause of action with $100,000,000 in statutory damages. Bake the cake or be sued." Etc. etc.
"Handguns are legal, but anyone who feels threatened by seeing you with one has a claim for intentional infliction of emotional distress, statutory damages, and attorneys fees ..."
You stupid, short-sighted, America-hating motherfuckers. Grow up.

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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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