Gabriel Malor Profile picture
Feb 8 6 tweets 2 min read
11th Cir.: QI for officer who, having arrived at the wrong address after midnight, shot and killed the armed owner who came out to his driveway bc he thought he heard a prowler.

Infuriating.
media.ca11.uscourts.gov/opinions/pub/f…
*without warning
It's after midnight. You hear something weird outside. Maybe a prowler. You grab your lawfully-owned gun. Open the garage. Walk out. You're peering around twenty seconds. All is quie—BLAM

Officer shoots you without warning.

11th Cir.: seems reasonable to us
The "safest thing to do"?!? Safest for who?
I do get it. Policing is dangerous sometimes. But there is no reason to prevent this from going to a jury.

It should be up to a jury to decide whether this was a reasonable sequence of events.
These are excellent questions for a jury to consider.

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More from @gabrielmalor

Feb 9
For folks wondering what the Florida "don't say gay" law controversy is about, I have screengrabbed the two operative provisions.

They have the potential to create many problems for school districts, and—on their face—encourage anti-gay discrimination.
flsenate.gov/Session/Bill/2… Image
First, the prohibition section: school districts may not encourage classroom discussion about sexual orientation in primary grade levels OR (in any grade level) in a manner that is not age-appropriate.
Problem: there are no definitions for what "encourage classroom discussion" means or what is "age-appropriate" in older grades.

This is a big problem if you're a school district trying to comply, but not run afoul of the First Amendment rights of LGBT students and teachers.
Read 18 tweets
Feb 1
Exactly. There's just no upside to going scorched earth over this SCOTUS seat and a LOT of opportunity for reputational peril.
Part of this is people throwing grenades to settle scores over judges from the last time they were throwing grenades over judges.

Just be cool, folks.
In the immortal words of Agent J, "don't start nothin', won't be nothin'.
Read 4 tweets
Jan 16
He took hostages at a synagogue on a Saturday. Pretty sure this act of terrorism was targeted at the Jewish community, champ.
fuckssakes
Sure, folks. When the guy whose demands weren't about Jews forced his Jewish hostages in a synagogue to call a rabbi in another state, it totally wasn't about Jews. That was just a coincidence. Coulda been calling anybody, really.
Read 9 tweets
Jan 15
Absolutely, hands down, no contest, the best uniforms to this day.
I was a high school marching band geek, and we got uniforms when I was a senior where the tunic was fastened diagonally like the Star Trek tunics, and let me tell you it was really satisfying to pull that sucker open and breath. Those were the best.
One of the many great things about this film is that half the men have bangs.

I'm not sure how I ended up on a Wrath rewatch tonight, but here we are.
Read 10 tweets
Jan 14
Big SCOTUS news. The court has agreed to hear the case of a high school football coach who was disciplined for praying at the fifty yard-line after games. supremecourt.gov/DocketPDF/21/2… Image
9th Cir. held that when he "kneeled and prayed on the fifty-yard line immediately after games while in views of students and parents, he spoke as a public employee, not as a private citizen," and so was not protected by the First Amendment. cdn.ca9.uscourts.gov/datastore/opin…
That provoked a HEATED exchange of views when the court denied rehearing en banc. cdn.ca9.uscourts.gov/datastore/opin… Image
Read 4 tweets
Jan 13
SCOTUS will block the OSHA test-or-vaccine mandate.

Per curiam opinion.
Justices Gorsuch, Thomas, and Alito concurring.
Justices Breyer, Sotomayor, and Kagan in dissent. supremecourt.gov/opinions/21pdf…
SCOTUS will *not* block the CMS mandate. That can go into effect.

Per curiam opinion.
Justices Thomas, Gorsuch, Alito, Barrett in dissent. supremecourt.gov/opinions/21pdf…
Let's dig in. Here's the nut of the NFIB/OSHA test-or-vaccine maj. op.

"Although COVID– 19 is a risk that occurs in many workplaces, it is not an *occupational* hazard in most."
Read 7 tweets

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