TFW you've reached a joint agreement with DHS in a difficult detained case which gets your client the best possible outcome under the circumstances only to have a Trump-appointed immigration judge a time zone away reject that joint agreement using the wrong legal standard
FYI for non-lawyers: it is rare for a judge to decline to accept *any* joint agreement brought to the court in good faith by the parties involved
IJ: Counsel, do you reserve appeal?
ME: Yes
JUDGE: well I hope that doesn't keep him in custody at govt expense too much longer
*angry pause*
ME: I have to say that everyone here was hoping we'd reached a solution which would save the govt the trouble
IJ: that's out of my hands
After condemning my client to another 4+ months in custody *against ICE's wishes,* the IJ went on to say that he was the most "polite" + "respectful" detainee he'd ever met.
Friends, if I hadn't already smashed that mute button after the absurdity of "it's out of my hands"...
I can't imagine that we're ever going to be forced to physically appear in #immigrationcourt for shorter hearings again, but if we ever are I will dearly miss the luxury of being to click a button which lets me say things which would put my law license at risk as events unfold
Just a whole generation of lawyers who have become totally comfortable saying things like "fuuuuucck" and "is this actually fucking happening right now" and "can someone grab the paper towels, I'm covered in coffee rn" in open court
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Mass violence is a rational response to beliefs that:
-Latino immigrants are "invaders" (El Paso)
-a race war will preserve white supremacy (Charleston)
-Muslims are the enemy (Christchurch)
-Jews support refugees to "replace" whites (Pittsburgh)
-women owe you sex (Isla Vista)
-"antifa" threaten white supremacy (Charlestown)
-Norway's leftist party presents an existential threat so great that its next generation must be exterminated (Utoya)
-publishing cartoons of your prophet is blasphemy (Charlie Hebdo)
-white genocide is in progress (Buffalo)
Other than correctly assessing that to be antifascist is to stand against white supremacy, these beliefs are not reasonable, respectable, or objectively correct.
But they are subjectively rational, and hundreds of millions of ppl around the world hold them
My favorite question to ask my fellow citizens whose brains remain blissfully uncooked by The Law is who the president was when the Supreme Court held there is an individual Constitutional right to own a gun in all states.
No one has ever correctly guessed it was Barack Obama.
Heller (the subject of the linked thread) came out in June '08, a month after "Iron Man" and six months before Obama was elected.
Two years later McDonald doubled down and applied that right to the states.
Most people guess Adams, Jackson, or some other 19th century president, which only makes the well-known fact that the NRA was desperately afraid to bring this question to the court and actively tried to stop the lawyer who did in 2008 that much more incredible
1/This thread on an obscure committee nominally responsible for directing a beloved #EastBoston park is this week's essential #bospoli reading. Meet me back here when you're done for a few more thoughts from someone who has been following this fiasco closely for the past 10 yrs
2/ For context, here's the finished portion of Piers Park. I live around the corner, walk past it every day, and visit as often as possible. It"s a treasure, one of New England's beautiful spaces. The angry racists you've just seen in those videos are tasked with managing it.
3/ Piers Park is an amazing place for working people of limited means to have parties, get married, shoot music videos, take family photos, and hear great music. Like my band, @hightiderocks! Here we are playing some Dead on Jerry Garcia's birthday
I've always said that ICE's lawless excesses would inevitably become too big for Americans to ignore, and while that day may not be here yet this report should get us there a little faster. This goes *so* far beyond immigration enforcement
You should already care that ICE constantly lies to the public and the courts about the people it rips from their families, detains in terrible conditions, and violently deports. But a lot of US citizens don't + never will, so let's say you're one of them. This report is for you
Read this paragraph, and then read it again, and then read it out loud to someone nearby and start a conversation about why an immigration agency has any right to conduct warrantless surveillance on all of us in the course of enforcing non-criminal statutes
It's good to have everyone see what honest lawyers always knew: #SCOTUS decisions are historically unmoored from compelling arguments, "Constitutional reasoning," or much more than the will of the majority voting block.
Wtf else did you think "substantive due process" ever was?
Originalism, textualism, balancing tests, the "reasonable man," strict scrutiny, intermediate scrutiny, "penumbras" of rights--it's all made up, folks
Bill Douglas scrawled opinions out on airline cocktail napkins, Scalia had his seances with Thomas Jefferson, Kavanaugh I assume drinks beer until it makes sense
1/ Marriage should be a two-year initial contract, renewable at the joint option of the parties for whatever period of time they choose with a default renewal period of five years the first time and ten each subsequent renewal
2/ If the parties are in the minority of humanity who can realistically commit to sexual monogamy for life that can be specified as a term of the contract, subject to amendment at the parties' joint option at any time
3/ (and for those who think I'm being too transactional about this the current model is already a legally binding contract)