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naraburns

nihil supernum

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joined 2022 September 04 19:20:03 UTC
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User ID: 100

naraburns

nihil supernum

8 followers   follows 0 users   joined 2022 September 04 19:20:03 UTC

					

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User ID: 100

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Right. By means of ostensibly saying that the group was bad, right? Jesus, what is the point of claiming you didn't say what you said?

You didn't--as you were for some reason anxious to point out--say that anyone was bad. Remember? This is you:

I didn’t say anyone is "bad."

That's true! And it is true in very much the same spirit in which I didn't say that you said it.

It doesn’t undermine your broader point, which is that you don’t want people opining about the motives of members.

No. What I don't want you doing is weakmanning any groups, but especially not this one.

What did you mean, if not that I was saying that the group is bad?

That you had violated the rule against weakmanning.

I didn't say that you said anyone is bad.

Yes, you did: "Do not weakman in order to show how bad a group is."

Which word in that sentence you quoted is the word "say" or "said?" Can you bold it for me?

I didn’t say anyone is "bad."

I didn't say that you said anyone is bad. I modded you for violating the rule against weakmanning. Since you were apparently confused by the shorthand, here is the rule in its entirety:

There are literally millions of people on either side of every major conflict, and finding that one of them is doing something wrong or thoughtless proves nothing and adds nothing to the conversation. We want to engage with the best ideas on either side of any issue, not the worst.

Post about specific groups, not general groups, wherever possible. General groups include things like gun rights activists, pro-choice groups, and environmentalists. Specific groups include things like The NRA, Planned Parenthood, and the Sierra Club. Posting about general groups is often not falsifiable, and can lead to straw man arguments and non-representative samples.

Avoid posting solely about gaffes, misstatements, or general bad behavior from prominent people. Discussing policy implications is always fine, and concrete criminal or impeachable offenses are also fair game. For example, "Look at Congressman Jones being a jerk" is not OK; "congressman Jones is under suspicion of taking bribes" is fine, as is "congressman Jones's employment law is bad for these reasons . . ."

Sometimes we get good discussion about the consequences of gaffes, misstatements, or general bad behavior; for example, "here's Congressman Jones being a jerk, let's talk about the underlying reason why congressmen do this sort of thing regularly". In most cases, these should stand as valuable posts regardless of whether they refer to Congressman Jones or not.

Links to news stories should generally follow the above rules, although cannot be expected to adhere to them exactly. For instance, a news story which uses an anecdote to introduce a concept is OK (this is a very common framing discussion), a news story which is about tweets from non-prominent people reacting to some event isn't ok.

You broke that rule, and in particular the group under discussion was this forum, which I am particularly protective of, as we have discussed.

Don't.

I haven't assumed anything. But if you're suggesting that Gdanning should have been modded under "speak plainly" instead, your suggestion has been noted.

This post and this one are a bit too far into "rant" territory. While each has its merits, it's presented in such a blistering way as to drown the light in heat. Snappy rhetorical questions, pithy comparisons, passionate appeals, none of these things are forbidden, exactly, it's just that you've turned the rhetoric dial too high. Please dial it back.

Do not weakman in order to show how bad a group is.

Meanwhile OP doesn't have any goal besides idly amusing himself with rhetoric and all of his logic will never lead him to the truth, only to "owning the libs".

This is all heat and no light. Don't post like this please.

I would guess that most of the people complaining are more concerned about who he was running against. And for some of those people, more specifically the race of that person.

Do not weakman in order to show how bad a group is. Especially when that group is "this forum," please.

It pains me to read these tired talking points on the Motte of all places. This reads like the equivalent a woke college student listing off their usual combination of strings handed down to them from the hivemind.

This adds heat to your post, but no light. It's totally unnecessary. Please don't.

In simpler words, who gives a shit? u know what I meant.

Too much heat--better to step away from the conversation than let others get to you.

Those who bring up the example are simply bloodthirsty warmongers.

Too antagonistic, don't post like this please.

Feel free to post in the CW thread.

Posts don't appear until approved. Though apparently by linking it you did make it available for people kind of?

Anyway, I've approved the post now. It's technically culture war outside the culture war thread, but also you've framed it as a megathread and those are often allowed with culture war rules applied. On reflection I supposed this constitutes something of a loophole if we allow just anyone to post a "megathread" but so long as it doesn't get abused I, at least, am unlikely to do anything about it.

I believe this is the answer to your question.

Apropo, I was recently helping clean-out/de-clutter my mom's basement and came across a Rubbermaid tote full of my old ExoSquad and Dino-Rider toys which we're fixing up and repurposing into Christmas gifts for the eldest. I expect there's probably some collector somewhere cringing at the thought but come on... Kid's already big mecha fan, and actually has a pretty good track record of taking care of his toys.

What a fun Christmas gift! Fasa v. Playmates Toys was actually one of the first IP cases to catch my interest (you may remember how that ended); the Robotech/ExoSquad crossover toys (especially, the Veritech Fighter) occupy a really interesting place at the intersection of fandom and licensing.

Edit: holy crap, for the record, at time of writing I didn't know that @naraburns had already made effectively the same comment down thread.

By the mouth of two or three witnesses every word shall be established.

Also how am I only just now realizing that Nara Burns was/is an ExoSquad reference?

Presumably you just haven't looked at my profile page or avatar in the last... 12 months? Prior to that, well, it is relatively obscure despite the cameos in 2018's Ready Player One (where both Marsh's Aerial Attack and Weston's Field Repair E-Frames make brief appearances).

As a small follow-up, I found this article interesting. Even though all justices on the Colorado Supreme Court were appointed by Democrats, three dissented in this case.

The four Colorado Supreme Court justices who ruled Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot all attended Ivy League institutions or otherwise a top-ranked elite law school on the East Coast for law school.

The three dissenting justices, meanwhile, all graduated from the University of Denver's law school...

The "cognitive elite" strikes again!

I don't disagree, but it's not obvious to me that the Court needs to reach the First Amendment question, which sometimes (though certainly not always) means that they won't. The First Amendment question is substantial to the question of insurrection, and however this ultimately plays out I would expect SCOTUS to prefer a procedural holding over a substantive one. So I expect the Fourteenth Amendment to play a more decisive role than the First--but you may be right!

Parties are private organizations, though. They can just disregard the Colorado primary in deciding which candidate to back in the general election, can't they?

It's an interesting question! It depends on what you mean by "back," and also on how each state handles the primary process. I'm not familiar with Colorado's primary election laws so I don't have a direct answer for you, but in general states do not assemble their general election ballots based on what political parties want, but based on how relevant procedure (including primary elections) dictates.

For example, even if, say, Ron DeSantis won the Republican primaries generally, and the Party decided to back him, he could in theory still be excluded from some state ballots for, say, failing to get the right paperwork filed on time.

U.S. Term Limits v. Thornton, 514 U.S. 779 (1995) ruled that states can't add additional qualifications for Senators and Representatives. The same rules should apply to Presidential elections.

I doubt this simply because Article I gives Congress a say in the election of Senators and Representatives. Article II doesn't. But you may be right.

And Colorado is pretending that Trump is disqualified by the 14th Amendment, not exercising its discretion to exclude whoever they want.

They're definitely saying this now, but they're saying that Trump's Fourteenth Amendment disqualification can be litigated (very broadly, see this comment) under the state's election laws. This creates a fact/law question (leading to the Fourteenth Amendment problems I tagged but should have pondered at greater length) that SCOTUS seems likely to want to avoid, but... hard to say. It would be interesting to know how far the Colorado court is willing to go to keep Trump off the ballot, but depending on how quickly SCOTUS remands (assuming they do), we may get to find out.

Yeah, looking at this after sleeping on it, I'm less satisfied with my analysis than I was. In addition to being a pragmatist, Roberts has a tendency to aim for narrow, technical rulings, and if he can remand this in a way that (as you say) "punts on the ugly questions" I could see him pushing for that route. I agree that US Term Limits is a bad fit simply because we're in the wrong Article with this case. But the fact/law distinction on the question of insurrection potentially tees up the Court to either do Trump or his opponents a huge rhetorical favor, no matter the legal result.

However, if the case is decided based entirely on a state court’s interpretation of the federal constitution, can’t the Supreme Court tell them their interpretation of the federal constitution is wrong and remand the case?

Yeah, this is correct, I should probably have waited to post until after I'd gotten some sleep.

If you read the decision, the Colorado Supreme Court is not basing its case entirely on the federal constitution, but rather saying that Colorado statutory law provides a judicial remedy for voters seeking to remove a disqualified candidate from the ballot, and further that they are removing Trump from the ballot in holding that Trump is so disqualified. But there are two prongs to that--a question of fact, and a question of law. On the question of law, SCOTUS isn't going to hold that insurrection doesn't disqualify, but they could (even though supposedly appellate courts don't like to revisit findings of fact, they often do) hold that Trump has not actually been proven guilty of insurrection (the Due Process/Fourteenth Amendment question I mentioned but didn't elaborate upon).

The question then becomes, how far is the Colorado court willing to go, on remand, to keep Trump off the ballot anyway--but as others have pointed out, by then the issue may be moot.

I do agree States get to run their elections but in this case the State Court is citing constitutional law to remove him.

Yeah, in morning's light I'm thinking about the difference between the law of disqualification versus the factual question of insurrection. SCOTUS isn't going to rule that insurrection isn't disqualifying, but if they do rule that (e.g.) insurrection requires some kind of criminal conviction then on remand Colorado will need to find a different excuse. But in a way that turns into a gift for Trump, who would then get to walk around saying "the media lies, SCOTUS itself cleared me of insurrection," which... well, I don't know. It would be nice if the Republican Party would just toss him out in the primaries, then this would all be moot, but that seems less and less likely to happen.

Sorry, it would have been more precise to say "if Colorado's legislature says Trump can't be on the ballot, provided they haven't done anything unconstitutional in the process (e.g. racial discrimination or whatever)..."

In morning's light I am less satisfied with the rest of my analysis, though. The legal question of insurrection (and whether and how it may be disqualifying) is at least plausibly separable from the factual question of insurrection, though. So it will be interesting to see what happens.