Oregon: This November, there'll be an extremely strict gun-control initiative on the ballot.

Ordinarily, I'd be all for this!

But after reading the text of the initiative closely, I have concluded that it is a BAD IDEA and you should vote AGAINST it. A short 🧵: The biggest problem with the initiative is that it places almost limitless discretion to issue or not issue a permit in the hands of the local sheriff or police chief:

So far, I've stayed neutral on the effort to recall Ted Wheeler. I voted against him, but a plurality of our neighbors voted for him. Portland made a choice and I wanted to respect that. But this past weekend changed everything.

https://twitter.com/ryanjhaas/status/1430543216957280260

This weekend, the Proud Boys came to town. They came to terrorize us. To shoot us, beat us up, and generally to create mayhem.

And what did Ted Wheeler do? He told PPB to stay neutral. "You should not expect police officers to intervene." wweek.com/news/city/2021…

Got a little downtime today so let's talk about something near and dear to my heart: Brief aesthetics. #legalwriting Briefs shouldn't just be substantively good; they should look the part, too. Why? Because judges & clerks are busy; they _will_ use imperfect heuristics to decide how much time to give your brief. That includes stuff we all hate—like bluebooking—& that also includes aesthetics.

Good QI decision from CA10 last Friday. The facts, as the court said, shock the conscience: A prosecutor intentionally fed a medical examiner false info to get a suicide reclassified as a homicide, & then used that to put plaintiff behind bars.

No QI. 1/ ca10.uscourts.gov/opinions/19/19… Just as good as the no-QI result is how the court got there. First, it declined to engage in a "scavenger hunt for prior cases with precisely the same facts": /2

If anyone's having a slow Friday afternoon, you might watch this space for some tea-spilling in the next 20 minutes. First off, our reply brief in support of a preliminary injunction is on file. You can see a (slightly redacted) version below. scribd.com/document/47249…