gattsuru
2hr ago
Leaving it as a statutory question would have given an out that did not demand taking the amendment process or ramming the hardest-right justices through the courts as the least escalatory answer.
Dred Scott, once issued, couldn't be reversed: even were Scott freed, he couldn't become a citizen. Indeed, under Dred Scott, Scott couldn't even sue anyone over anything in federal courts in the future. That's why Dred Scott made non-legal avenues the only available ones, either direct defiance of the holding (eg the Territorial Slave Act of 1862) or the eventual war.
This isn't quite that bad, but the calculus for immigration restrictionists is still far uglier than Roberts had to make it.
gattsuru
4hr ago
I don't think Yglesian popularism necessarily involves tactical lying (although all politicians, populist, popularist or otherwise do a lot of it), and I don't think Yglesias personally is engaging in tactical lying about his political views.
gattsuru
21hr ago
Yeah, fair. And some circuits have rejected geofence warrants as general warrants, so it's not implausible.
Fourth Circuit opinion
Thanks, corrected.
gattsuru
22hr ago
Why wouldn't it be a reasonable search, given that the police in Chatrie had a warrant?
My personal read of the Fourth Amendment is that the warrant clause is disjoint from the right to be secure from unreasonable seizures, and a warrant does not automatically make a search reasonable. But, to be clear, SCOTUS does not agree with me. McNeely holds that a blood draw is perfectly valid as a subject of a warrant. I think this leads to very bad places, as evidenced by what rubber-stamp warrants often lead to, but that's just my position.
And, yeah, it's a punt-of-a-punt from SCOTUS.
gattsuru
23hr ago
I haven't followed the politics closely, but my impression is that Bukele was also a mayor of a major city and had pivoted to a hard anti-crime posture a few years before he got the presidency, so it's not like he or his policies were just showing in El Salvador completely fresh, either.
Grant to Viramontes and Grant, consolidated as a question specific to the AR15. Disproves the "waiting on ANJRPC" hypothesis, but doesn't leave any real valid explanation for why this took five months. It's now got the record for most relists before a grant.
No information on the rest, which is ... a decision. Lamont had significant overlap, so refusing to consolidate it with is a choice. Nothing on the magazine cases, which means Duncan's inevitably going to be punted down to the 9CA and back up again later.
All of the under-21 questions were denied cert, with no explanation. That's a real big mess, since it's a massive pool with a major circuit split, but I don't think any conservative's going to be making arguments to this court about consistency anytime soon.
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