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Gabriel Malor Profile picture
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14 Dec, 4 tweets, 1 min read
Meh. A lot of the "election integrity" bullshit is a way for the "it was fraud" people to launder their culpability over being morons about Biden's election.

It's goalpost-moving. "Fine, it wasn't fraud. But what about no excuse absentee ballots, huh, HUH?!"
And BTW, whereas fraud can typically be proven or disproven, "ballot integrity" is one of those amazingly squishy "we just have a feeling these states are bad at voting and these states are good at voting" things that will be a cash cow for activist groups for decades to come.
It's a perfect racket for activist groups and commentators. It's the flip side of Marc Elias' million frivolous voter ID lawsuits.
For example, on Heritage's Election Integrity Scorecard they count "The state does not automatically mail absentee ballot request forms to all registered voters" as a factor in determining the integrity of absentee ballot management. Absurd on its face.

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More from @gabrielmalor

Gabriel Malor Profile picture
16 Dec
5th Cir. revives excessive force and bystander liability suit from family of a man having a mental health crisis who died after officers restrained him with a five-man takedown during which he fell unconscious and then asphyxiated.

No QI. ca5.uscourts.gov/opinions/pub/2… ImageImage
I like this approach a lot. They start with the first prong for evaluating QI, making clear that, if the facts are as alleged, a Fourth Amendment violation occurred before moving on to the whether that was clearly established law at the time. Image
This is the meat of the discussion of whether it was clearly established in 2016 that officers engage in objectively unreasonable use of force by continuing to kneel on the back of an individual who has been subdued. Image
Read 5 tweets
Gabriel Malor Profile picture
15 Dec
Since Democrats want to talk about their voting rights bill, a reminder that much of HR1 is unconstitutional. A list:

(1) Requiring websites/media to keep logs of ads about politics for disclosure (violates 1A);
(2) Requiring disclosure of donors to private advocacy groups (violates 1A);
(3) Imposing redistricting commissions (violates anti-commandeering doctrine);
(4) Mandating manner of presidential elections (violates Art. II, sec. 1);
(5) Requiring a code of conduct for SCOTUS justices (violates sep. of powers);
(6) Requiring POTUS candidates to release tax returns (violates Art. II, sec. 1);
(7) Overturning Citizens United (violates 1A)
Read 4 tweets
Gabriel Malor Profile picture
15 Dec
Not the first employer this week to require vaccine and booster even for those who telework.

We're moving back into a socially conscious phase of the pandemic. Which we had early then lost and now private employers seem to think the pendulum is swinging back.
These private employers are saying "you should be vaccinated even if there's no danger of you infecting our customers/clients/students/coworkers."
(They're right. And employers should be free to set workplace policies in their own workforces free from the imposition of government interference.)
Read 4 tweets
Gabriel Malor Profile picture
14 Dec
Finally had a chance to read through the Assange extradition appeal decision.

It was the assurances the U.S. made that Assange would not be subject to SAMS or held at Supermax and that the U.S. was willing to let him serve any sentence in Australia. judiciary.uk/wp-content/upl…
(Those assurances apply only to his behavior *before* they were given. If he's a cut-up while awaiting trial, they can still punish him with SAMs.)
The court wasn't sympathetic to the idea that extradition alone would be oppressive, as that term is used in the extradition context.
Read 4 tweets
Gabriel Malor Profile picture
14 Dec
I know it's generally unhelpful when people say this, but while the first four episodes of Amazon's Wheel of Time basically sucked donkey dick, it really starts to pop in the fifth episode, and the sixth was smack me in the face good, so now I'm interested to see where it goes.
One of the problems with the Wheel of Time series is the same problem as the Wheel of Time books and that is that some of these characters are just so fucking awful I wanted the bad guys to kill them pretty much the whole fourteen books.
Seriously, kill Rand early, and this whole series becomes better. Mat Cauthon became interesting about halfway through the fourteen books, but before then, just die already.
Read 5 tweets
Gabriel Malor Profile picture
13 Dec
On the emergency docket, SCOTUS has denied two applications from healthcare workers in New York arguing that the state's vaccine mandate violates the free exercise clause bc it allows medical exemptions but not religious exemptions.
Justices Thomas, Alito, and Gorsuch would grant the applications.

In one of the cases, Gorsuch wrote a dissenting opinion, which was joined by Alito.

That is linked here --> supremecourt.gov/opinions/21pdf… Image
Reminder: it takes five justices to grant an emergency application.

Because this is on the emergency docket, we only know what Justices Thomas, Alito, and Gorsuch think. The others do not have to note their position in a denial like this.
Read 8 tweets

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