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Ohio

How did the feds make J6 look like an attempt to overthrow the government without getting anyone to do anything wrong?

Who decided that Ray Epps was a "lesser offender"?

The Supreme Court of the United States, in 1969, when it decided in Brandenburg v Ohio that the First Amendment protected speech so strongly that it became nearly impossible to convict a person of inciting a riot. Alternatively, the framers of the First Amendment itself.

I agree that the feds are charging people with more for less, but the rules they have to play by say they probably can't convict Epps for inciting a riot. Personally I think the First Amendment should be abolished which would make it much more possible to prosecute the kind of egregious behaviour Epps engaged in. But a lot of Americans disagree with me and it's their country.

  • -17

Is the economy good?

This takes the cake for the biggest load of nonsense I have ever read. It blusters a lot with only a few actual points made in defence of the notion that government economic statistics failed to capture true economic conditions post-Covid, all of which are very silly indeed.

My colleagues and I have modeled an alternative indicator, one that excludes many of the items that only the well-off tend to purchase — and tend to have more stable prices over time — and focuses on the measurements of prices charged for basic necessities, the goods and services that lower- and middle-income families typically can’t avoid. Here again, the results reveal how the challenges facing those with more modest incomes are obscured by the numbers. Our alternative indicator reveals that, since 2001, the cost of living for Americans with modest incomes has risen 35 percent faster than the CPI. Put another way: The resources required simply to maintain the same working-class lifestyle over the last two decades have risen much more dramatically than we’ve been led to believe.

In the first place I am disinclined to give this any credence because their calculations are very opaque. Even if you got to their website the 'data' section and 'white paper' for their 'True Living Cost' don't seem to give their actual weights or the changes in weightings (other that impressionistic statements like saying that 'luxuries' have been deweighted). However, even if I could trust their numbers it doesn't at all resolve the 'vibecession' question because based on TLC the Trump years were ones of economic decline too. However, the economic discourse in those years was uniformly positive. So what gives?

If you filter the statistic to include as unemployed people who can’t find anything but part-time work or who make a poverty wage (roughly $25,000), the percentage is actually 23.7 percent. In other words, nearly one of every four workers is functionally unemployed in America today — hardly something to celebrate.

Aside from the fairly preposterous gambit of saying that we can count some people in full-time employment as unemployed if their wage is too low (words have meanings, if you want to talk about wages then just do, don't crowbar it in to unemployment figures). More importantly though, what you will see again is that his 'true' unemployment figure tracks exactly the common U-3 figure over the years. So again it's totally worthless in explaining post-Covid dissatisfaction because the post-Covid 'true' rate was actually the lowest it has ever been since his data series starts in the 90s.

Here, the aggregate measure of GDP has hidden the reality that a more modest societal split has grown into an economic chasm. Since 2013, Americans with bachelor’s or more advanced degrees have, in the aggregate, seen their material well-being improve — by the Federal Reserve’s estimate, an additional tenth of adults have risen to comfort. Those without high school degrees, by contrast, have seen no real improvement. And geographic disparities have widened along similar lines, with places ranging from San Francisco to Boston seeing big jumps in income and prosperity, but places ranging from Youngstown, Ohio, to Port Arthur, Texas, falling further behind. The crucial point, even before digging into the nuances, is clear: America’s GDP has grown, and yet we remain largely blind to these disparities.

This is insultingly dishonest. Why does he say 'since 2013' in an article about the post-Covid economy? Because the trend doesn't hold true - after over a decade of sharply rising inequality, the 2021-23 period was actually saw bottom quintile income rise as a proportion of top quintile income.

This article is utterly irrelevant to post-Covid economic perceptions. What is might prove, if one believes the statistics, is that Americans ought to have been pessimistic about the economy throughout the 90s, 2000s and 2010s as well as post-Covid. But they frequently weren't. It still doesn't answer the question of why Americans get specifically upset in the post-Covid period.

What is a woman?

Couldn't resist just dwelling on this for a second too. Now, obviously no-one has to buy into avant-garde views of gender/sex, but to be simply unable to entertain the plausibility of a scheme of gender which includes trans women among women betrays a quite remarkable lack of intellectual imagination, and, frankly, intelligence.

This is talk radio 'why are my enemies all so thick' slop. Take it elsewhere.

I mean, one should be able to look at the crime rate of Springfield, Ohio over the next few years and see if things shift that much. Of course, history shows that at least w/ the first generation of immigrants, crime is likely to go down.

So, there's some talk downthread about Springfield, Ohio, Haitian immigrants and such. Putting aside I guarantee in the late 19th century there was in fact plenty of examples of massive population changes, even in more rural parts of the country. Ironically, many of the same people who put forth those population changes are now the ones scared of immigration, so in 50 years, as is American tradition, these Haitian immigrants will be saying we shouldn't be letting in the Bangladeshi's or whomever.

But, the interesting thing is the questions about "why" anybody puts up with them and well, at least according to local business owners, because they're more likely to show up to do the job and not fail a drug test than the righteous pure American's currently living there.

https://youtube.com/watch?si=nke3DETnGvcaAHE4&v=FA80DOcJnu8&feature=youtu.be - Youtube video

https://x.com/otis_reid/status/1833578554778374462 - Quote from the factory owner.

Of course, 2016 J.D. Vance would probably agree with this factory owner about the get up 'n' go of this socioeconomic group of people instead of defending them from economic competition from supposedly mentally deficient Haitians.

Now, to quote a lot of Twitter, it is true the Haitians are ruining that community's traditions, by actually getting to work and not showing up high.

To take your arguments one by one:

So like Barack Obama in 2008? Or 2012? (when Democrats worried absentee voting would drive old-people votes which harmed them).

I don't remember this. I do remember some kerfuffle where the Obama campaign sued Ohio because they passed a law giving the military three extra early voting days, and the conservative media tried to spin it as him trying to restrict military votes when the lawsuit sought to give the rest of the population the same early voting window as the military. Obama's been pretty consistent about "more voting, not less".

Or Trump whining about it for months before the election as the scheme was being ramped up by executive fiat in explicit contravention to election laws across dozens of states?

I clearly limited my argument to before 2020. And the states that ramped up mail-in voting by executive fiat weren't ones that were at issue in the 2020 election. Only 5 states changed absentee voting requirements through executive action—less than half a dozen, not dozens—and among them, three are clearly red states controlled by Republicans (Alabama, Arkansas, and West Virginia), one (Kentucky) is a red state with a Democratic governor, and one (New Hampshire) is left-leaning with a Republican governor. There was no clear liberal pattern here.

There are dozens of high profile examples over the last 2 decades...

I don't know about dozens, but I'll admit there are a few. But I'm not sure what this is supposed to prove. Everything involves tradeoffs. Suppose, for the sake of argument, it were conclusively proven that voter fraud could be eliminated entirely if we limited voting to polling places in major cities. The ultimate effect of this, of course, would be that the rural vote would be rendered entirely irrelevant and elections would have a decidedly partisan lean, probably to the point that our politics would realign entirely. If these now disenfranchised voters complained, I'd respond that people who find it too inconvenient to drive a couple hours to vote obviously aren't motivated enough to deserve any say in government, and people who can't afford the trip obviously don't have enough "skin in the game" to deserve a say in government. If the primary goal is the elimination of fraud, why wouldn't this be an ideal solution? We both know the answer to this question. The question isn't whether fraud exists, it's whether it has enough of a practical effect to make additional restrictions worthwhile.

Each time mail-in or absentee voting legislation has been passed, this was discussed repeatedly with additional security requirements and conditions because of those concerns.

No, it wasn't. I live in Pennsylvania. When mail-in voting passed in 2019 the biggest issue about the bill was that it also eliminated the straight ticket option, which led to some Democrats voting against it in protest. It otherwise passed unanimously, and was quickly signed by the governor. Every single Republican voted for it, including arch-election truthers like Doug Mastriano. I'm sure you can find some concerns if you look hard enough, but as someone who lived in the state, I don't recall it coming up once, and this is a politically diverse state with the largest legislature in the country. Similarly, in Michigan, the biggest criticism of Prop 3 wasn't that it expanded mail-in voting but that it was making something that should have been a legislative item into a constitutional one.

No one is arguing mail-in voting is inherently "unconstitutional."

I was writing this on my phone at work so I apologize. The OP said that it "violates every principle of Democracy", which I misinterpreted. Feel free to substitute the correct language.

We're not talking about millions of votes needing to swap, but ~40,000 in any of 5 different states

Well, no. Flipping one state wouldn't have been enough to turn the election in favor of Trump. At best he would have needed to flip two, provided they were Michigan and Pennsylvania. Realistically he needs to flip three. And if he goes the flip 2 route then he needs about 80,000 votes in PA and over 100,000 in MI, at least double the 40,000 you mentioned. What's the largest mail vote fraud scheme you can find? How about the average? Remember what I said about tradeoffs?

if a single one did something as simple as requiring canvassing hundreds of thousands of votes which had no signed chain of custody receipts (and no election officials have yet been charged despite this being a crime in multiple states like AZ).

Ah, yes, the old "the previous five audits we requested didn't find anything, but if we do a sixth one we're pretty sure the whole edifice will come crashing down because a televangelist saw something in a viral video that PROVES that Biden and the Democrats committed MASSIVE FRAUD by forging hundreds of thousands of illegal ballots under the cover of night but being too dumb to think of forging chain of custody receipts along with them". I'm sure the Kraken will finally be unleashed.

If two people raced bikes all over France and then the loser tested positive for PEDs, do you think they should both get a do-over race or otherwise we're not talking about "principles"?

Are the PEDs supposed to be a stand-in for fraud, or for mail-in ballots generally? If they're a stand-in for mail-ins generally, then they aren't a banned substance and there's no problem; you can't claim a race was unfair just because you don't like the rules. If they're a stand-in for fraud, then you do get to win the race, but I don't see what this has to do with the election—in one case you found actual evidence of cheating, and in the other you didn't, you just argued that the rules made it easier to cheat. What you're suggesting is more analogous to a race where PEDs are banned and your opponent never tested positive, but you want to rerun the race because you're pretty sure he cheated but can't actually prove it.

The Federal Government is currently abusing laws made 150 years ago in response to the Civil War as well as stretching interpretation of other laws way past their breaking point...

Well, what do you think a more appropriate charge would have been. If organizing a plot to take over the Capitol building in order to prevent the lawful transfer of power of a democratically elected president so that it will remain in the hands of the guy who lost isn't seditious conspiracy, what is exactly? What line do you think he needs to cross? And how is the jury biased? Unless you're arguing that he didn't actually do what the government said he did, there's no room for bias here. Jury nullification isn't something you can expect from any jury, and isn't something you should expect in this case unless you seriously think attempts to overthrow the government should be legal.

Do you follow election disputes/protests over "local judges and clerks," closely?

lol, I'm a lawyer. I deal with these people all the time, and yes, it makes a difference. I not only follow them closely, I follow them closely in counties and even states where I don't live and can't vote. If you want I can fill you in on the drama in West Virginia's First Circuit judicial retention election, or tell you about the recurring pissing match between the current and former Recorders of Deeds in Westmoreland County, PA.

That might sound weird, given the murderous pedophile thing, but to me supporters of those theories generally just seem like they are stupid and prone to weird fantasies and LARPs but have always been that way, whereas people who are existentially shattered by Trump seem like they might have been different at one point, but then suddenly Trump appeared in the corner of their reality and traumatically inverted it into some new configuration of dimensions.

This epitomizes general differential expectations of conservatives and liberals. Conservatives are regarded (and to a shocking degree, regard themselves) as lacking in agency to the point of being almost animalistic. When a conservative raves about cities are shitholes full of degenerates and criminals, that's just how they are. FEMA death camps, Birtherism, Jewish Space Lasers, etc... They're dumb, they're ignorant, they can't help themselves and we shouldn't expect anything of them. We practically talk about Trump supporters in anthropological terms with all these fucking Ohio diner ethnographies. It's on the rest of us to manage them.

Liberals, though. They're supposed to be better, smarter, more accountable. Apparently. When they think a guy who says he wants to be a dictator wants to be a dictator, they're supposed to exercise some critical thinking and realize he's not serious, that's just him being bold and masculine. They're not supposed to say West Virginia's a shithole full of drug addicts even though it objectively is. They're supposed to be adults in the room.

Meanwhile, on reddit, a conversation like this is happening:

is it really extrapolating much to assume that the party that requires healthcare providers to report any miscarriage so you can be investigated and prosecuted and mandates that you be raped with an ultrasound probe before you can get life saving medical care could also require you to have children by a certain age or other things that are not part of current legislation? Are slopes ever slippery?

Is it possible for Trump to ditch Vance? He doesn't seem to bring much to the ticket, other than taking the spotlight away from Trump. Trump already won Ohio with a wider margin than Vance did in his senate bid. Can I get a steel man for why he was picked? It doesn't change my vote, but it comes off as a bad play to me.

I think this just is one of those where you are not well-versed with a very different legal regime than your own. I notice that you avoided talking about McIntyre v. Ohio Elections Comm'n. Do you have any comment on that case or how it could play in to a hypothetical future case that directly addresses reporting requirements?

I haven't read that case and I don't intend to.

Express advocacy has reporting requirements.

So it does. TIL.

What's the difference? You just said "any" expenditure made for the purpose of influencing the election is a campaign expenditure. So, shouldn't the latter be one, too?

Implicitly I meant "any expenditure by the candidate or people coordinating with the candidate". The distinction I was drawing was that I believed unconnected individuals did not face reporting requirements. You've now alerted me that this is not precisely the case, so I amend my answer: Not a reporting requirement nor a crime, because a "Blue Lives Matter" sign does not constitute "express advocacy".

Let me one more hypo you. One that I would be very unsurprised if it literally actually came up in arguments if we had a SCOTUS case directly on the reporting requirements. Would the pseudonymous Federalist Papers have been legal? They were all essentially politicians of various sorts and were surely running for elections at various times. The papers, themselves, were certainly aimed at influencing voting, and they could very plausibly think that it would influence things in ways that would get them elected (as they were, indeed, elected to various positions). Pseudonymous? Or reporting requirement? Criminal?

I'm not sure I understand the question? Why would they be impacted by campaign finance laws at all?

I sort of have the view that Harvard/Stanford/Whatever is good at churning out elite but not exciting folks like programmers and doctors and bankers and lawyers, but for truly world-changing things to the extent that there's any correlation there it's all selection rather than treatment. If Harvard is good at doing the former and not the latter, I think it kind of makes sense to "uplift" a bunch of people into those positions that don't require true genius to do well, and not really worry whether the next Einstein goes to Harvard or Ohio State for undergrad. Anyway, as you said, it would be hard to identify this in the data anyway, but I just don't think it's the open and shut case that a lot of people here make it out to be.

I don't know that Vance is the best example. While he called out hillbillies (and I use that term loosely because the Rust Belt white trash he's describing in Ohio are decidedly different from Appalachian white trash) in his book, his actual politics started veering into the "lack of agency" lane as soon as Trump's success made it a veritable requirement for him to do it. I can't tell you how many times I heard from conservatives that nobody owes you anything, stop whining, buck up and take that menial job because you aren't above working at McDonalds just because you have a college degree, nobody wants to work anymore, etc. (not to me personally, but the sentiment). One night I was at the bar and a bunch of them were bitching about immigration. They weren't white trash, but obviously successful guys from a wealthy suburb. My view on immigration are complicated, to say the least, but when they started about Mexicans taking jobs from Americans it pissed me off so I turned it around on them: "Why do we owe them jobs? Why should I pay more for stuff because some whiny American doesn't want to work for what I'm willing to pay. Those Mexicans are damn glad to get my money, and besides, they do the work and don't complain. Besides, they're the only ones who seem to want to work anymore." Or something along those lines. It didn't work, of course, because as soon as anyone brings up market forces to a conservative in an argument about immigration, they just do a u-turn and talk about welfare instead, not realizing the inherently contradictory nature of those arguments. And, as a putative conservative, I couldn't really argue back.

The same thing applies more directly to employers. There's one older guy I know we call "Pappy". He's big in the whitewater community arouind here and is an excellent boater, and teaches free lessons at the park and cheap roll lessons at a scum pond on his property (only charging to cover the insurance). He's very generous with his time, especially considering these lessons are always 8-hour marathons. Not so much with his money. He owns a garage and auto body shop and refuses to pay his employees. He also constantly bitches about the quality of the help he gets. I once couldn't help but comment that maybe if he paid more than ten bucks an hour he'd find decent people. I knew this would get him fired up, because he was great at going on these kinds of rants; "Hell, when I started out I made 2 bucks an hour and was glad to get it. When I opened this place you couldn't ask no god damned bank for any money because they wouldn't give it to you. I had to save my money to buy all this and earned all of it. These people don't want to work, they just want to sit on their asses and collect a check. And you lawyers are half the problem. When my wife and I bought our first house the mortgage was one page. One. When I took out a loan last year it was a god damned book. And it's all because you lawyers found lazy fucks who didn't want to pay and tried to weasel out of it, and now the banks have to make sure that you can't."

I wasn't thrown by the change of tack because he never missed an opportunity to dunk on my profession. I would note that my brother was an inspector for a major industrial company that does global business and they had him paint some equipment. The quality steadily deteriorated over the years to the point they had to cancel a very lucrative contract because nothing he did would pass. I've known a few people who took their cars to him for work and now aren't on speaking terms after the work was so bad they had to withhold payment. His intransigence is literally costing him money, but he won't budge on principle.

I bring up these examples because they're evidence of this mentality not among the white trash that Vance talks about, but among normal, successful people. As for Vance himself, he plays into the same ethos wholeheartedly, and doesn't seem to understand the contradiction with the argument that gave him fame. If he continued in the Reagan mold of bold free market principles, or took the opposite tack of siding with the lefties in "What's the Matter with Kansas?" sense, I could take him at face-value. But instead he's latched onto the same victimization worldview of those he previously complained about. He was once a moderate and anti-Trumper; now his "National Republicanism" is just an amalgamation of the worst protectionist ideas Trump had to offer. Maybe it's a cynical response to give him more political credibility, I don't know. But it's certainly a contradiction with what he used to be.

I agree that Oberlin's statements are even more damning in context, but as you saw in the court decision each claim was evaluated in isolation. The "long history" claim was found to be defamatory on its own (¶33), without including the specific allegation of assault (which was dealt with separately in ¶34, with the claim about the owner dealt with separately again in ¶35). Your argument that the comparison is unwarranted because Oberlin's statement contained specific allegations of assault/choking is demonstrably not true. Setting that disagreement aside, do you, personally, believe that Oberlin claiming the bakery had a "long account of racial profiling and discrimination" on its own should count as an actionable statement of fact for purposes of defamation? Yes or no?

It is, indeed, much different from the MSJ in the present case.

Certainly, and the circumstances are very different too. For one, that was the defendant's MSJ. Plaintiff MSJs for defamation are virtually unheard of, because defamation is so fact-dependent and MSJ require there to be virtually no disagreement on the facts.

"CU" = Citizens United? That is not at all what Citizen's United said.

And it's probably going to happen to your position if it doesn't have a bit more justification than, "If a candidate buys a diet coke, he has to report it; if he doesn't, that's a felony, because the price could have been too low and formed a quid pro quo."

I really don't understand what you are trying to say. The definition of "contribution" to providing goods or service at less than the usual and normal charge is quite well-established, across many, many states. Moreover, just last December, Kris Kobach agreed to a settlement with the FEC for a violation of "52 U.S.C. § 30118 by accepting an inkind corporate contribution from WBTW in the form of a list rental below the usual and normal charge." Why would he do that, if there were a reasonable argument that the definition is invalid? The fact that you can make up a hypothetical about diet cokes does not render the law invalid.

Finally, I don't understand what any of this has to do with the Trump indictment. Again, AFAIK, no one is claiming that his campaign bought goods or services at less than the usual and normal charge therefor.

I did note it. He’s just derailing things, as are you, about whether Trump supporters do or don’t believe his lies.

During ABC's presidential debate, Trump said: "In Springfield, they are eating the dogs. The people that came in, they are eating the cats. They’re eating – they are eating the pets of the people that live there." But city officials have told BBC Verify there have been “no credible reports" that this has actually happened. -BBC

For Jamie McGregor, a businessman in Springfield, Ohio, speaking favorably about the Haitian immigrants he employs has come to this: death threats, a lockdown at his company and posters around town branding him a traitor for hiring immigrants. -NYT

I don’t think this is historically correct. The First Amendment was practically moribund for most of US history and it was not until well into the 20th century that the Court put any teeth into it at all. Eg, in 1915 the Court unanimously ruled that film are not speech nor press and hence film censorship is permitted. That case was not overruled until 1952.

So, the history is not "we once had more freedom but then slid down the slippery slope, and now are clawing back up." Rather, we started at the bottom

There is zero chance he wins the primary against Trump in the midwest. Not "maybe" he can't, but zero % chance he wins a primary. I have seen nothing at all to think desantis knows how to talk to midwesterners at all and his record in Congress and comments since then are big turnoffs to midwesterners. The guy is not charismatic and he's not funny. He's the sort of dude who would pay $100,000 for someone else to write jokes for him to badly try to pull-off.

edit: Here's a good example of how Ron Desantis intends to connect with midwesterners. From "his" book:

I was geographically raised in Tampa Bay," DeSantis wrote. "but culturally my upbringing reflected the working-class communities in western Pennsylvania and northeast Ohio — from weekly church attendance to the expectation that one would earn his keep. This made me God-fearing, hard-working and America-loving.

I appreciate you took the time to dive into this. To help us both, we can reference as a template the standard utilized in the Gibson's Bakery defamation lawsuit that Oberlin University lost. Starting on page 11 of the appeal, you can see an example of how to determine whether a statement is factual, and an important factor is whether or not it's "verifiable". So something like "this painting is beautiful" is not verifiable, while "this painting was made by Bob" is.

I would agree with you that Baritomo's "irregularities" is too ambiguous to be a statement of fact.

Regarding Powell's statement:

"That is where the fraud took place, where they were flipping votes in the computer system or adding votes that did not exist"

If you believe this is too speculative to be considered a statement of fact, how would you edit the sentence to make it less speculative? I highlighted the pertinent clauses and I literally cannot contemplate how to make it any more of a statement of fact. Either fraud happened or did not. If the fraud happened, either it happened in the computer systems or not. Either Dominion flipped votes or not. Either they added votes or did not. Virtually everything she said is a statement of fact, and I don't know by what standard you're using to say otherwise.

Regarding Dobbs' example, I don't know how else to interpret the phrase "which were designed to be inaccurate" except to describe intent. Either the system was designed or it wasn't, and if it was designed either it was designed to be inaccurate or it wasn't. This is especially lucid considering it's in the context of Powell's theory that she's "identified mathematically the exact algorithm they used and planned to use from the beginning to modify the votes in this case to make sure Biden won"

Your last paragraph is what we in the business call conclusory. You're just making a claim without explaining its basis. I don't know your expertise with defamation law, but if you can confidently assert that the MSJ is not "related to the law in any way" I would assume you can show your work easily. Quoting a 90s comedy unfortunately doesn't count.

Trump won in 2016 by ~50,000 votes across 5 states. The other primary candidates who would have likely been the alternatives would have lost badly because they would have picked the wrong topics to focus on and they weren't going to flip rustbelt states which were required to win the presidency for the first time in the generation with another Romney 2.0. A guy like Ted Cruz or Marco Rubio or Jeb Bush wouldn't have even won in Ohio demonstrated by Romney loss there in 2012.

But would Romney have lost in 2016, after a two term Democratic president? That is the question. The pattern is that after two terms the leadership usually swings. So yes my contention is that Romney probably would have won Ohio in 2016. 2012 was a different election with different fundamentals.

My experience with being in politics is that people vastly overrate the ability of the media and politicians to gaslight the people. At best we hope to find something that resonates then run hard on it, but we have much less power to actually persuade people than is commonly believed. I know, it used to be my job. It isn't Trump's charisma that drove his win, because he inspires hate in about as many people as he does adoration. Look at Brexit, despite the media going hard, it still happened. The people have their own opinions formed by their social groupings much more than driven by the media or politicians in my direct experience.

Put it this way if we had two boring uncharismatic, candidates in this election, with the economy as it is, with Biden being dumped for Boring Dem 2.0, who would you put your money on? I submit the smart money would be on Republican 2.0 all else being equal. High inflation, low economic confidence, some push back on woke stuff like trans, a one term President who can't run for a second term because he can barely cope with a debate. Setting aside who is running, the fundamentals I think lean Republican.

You do accept that some people are incapable of functioning in an advanced society and we can't/shouldn't live together. Or I assume you do; that you're in favor of prisons and facilities for people with severe mental issues.

Sure, but those people exist among all demographics. We don't put put someone in prison because he comes from a high-crime demographic; we put him in prison because he committed a crime.

Would you want as neighbors an ethnic group where almost none of the members are particularly valuable, roughly half are basically decent people, roughly half are at best borderline-incapable of productive employment (and tend to ruin social institutions which were designed to expect higher-quality input), and maybe five percent are extraordinarily-prone to violence, crime, and so on? Those tails make a big difference.

As literal neighbors, living next to me? No. I feel sorry for the residents of Springfield, Ohio. That said, I would still want any individual Haitian to be judged as an individual.

This matches my impression. Where is all this JD Vance criticism coming from? The neocon types and the Democrats.

You forget the white nationalists and 4channers calling him a miscegenating race-traitor; the paranoid "mark of the beast" folks who see him as a Thiel/Palantir/CIA puppet here to enact total digital surveillance; and the "sigma male" crowd around Vox Day calling him a possibly-gay "gamma":

Finally, JDA reports that JD Vance is proving to be a negative for the Trump ticket because women don’t like him. Gamma confirmed. And Karl Denninger noticed something very odd about the man’s marital relationship.

So his wife was employed by a California firm that focused on litigation and appeals in San Francisco and DC yet Vance lives in Ohio. That’s a rather interesting arrangement you two have, don’t you think, particularly with three young children in the game.

Oh, I don’t know, Karl. I’m sure he got out there as often as he could. There’s a lot of things for a man to do in San Francisco. A lot of interesting places to visit. A lot of friendly fellows interested in getting to know you…

I mean. I consider myself unattractive, for what it is worth. Or, I once was. The thing the disability theorists call desexualization applies to an awful lot of things. I'm not even all that sure that it is a bad thing, although I will say that this idea is rather mean and that the process could be done in a much kinder way if we had celibate life paths. The reason I'm not that sure desexualization is all that bad is because I believe that there's a small but significant chunk of the population that does not make good partners. Much of this is no one's fault: the schizophrenic that can't hold down a job might have been a kind, caring Boy Scout before his first psychotic break freshman year at Ohio State. I will concede that the feature is mean, or at the very least kind of ugly - but I do not know if this is the least bad way to deal with this shit in a modern, Western society.

Instead all we have is speculation on what an objective observer could "easily conclude" the deputy would have done had Sum asked, and we treat that as if it is what had happened.

You say that because you are not familiar with Fourth Amendment jurisprudence. What we actually have here is a court doing what courts do in Fourth Amendment cases, and have done for at least 55 years, since Terry v. Ohio: Determine whether a reasonable person would have believed he is free to leave, or more precisely in this case, free to terminate the encounter. Florida v. Bostick, 501 U.S. 429, 435-436 (1991) ["when a person "has no desire to leave" for reasons unrelated to the police presence, the "coercive effect of the encounter" can be measured better by asking whether "a reasonable person would feel free to decline the officers' requests or otherwise terminate the encounter"]

In other words, courts do exactly what the court said: Try to determine what a reasonable person think the cop would say if he said, "Go away. I don't want to talk to you"? That is precisely what it mean to say "I believe that I am free to leave."

and I think his claim to believe in God is one of those useful lies to the voter base rather than anything he sincerely believes in

By the way, and I should have said this back at Christmas, but alas. I'd say the probability of your assessment of Ramaswamy falsely professing belief is very high now. I won't go all the way, not because I mind admitting being wrong, you can treat this as my admission of being on the wrong side of assessing him, but because it's not my place to say on this whether someone believes what they say. "He's given adequate reason to doubt him," yes. I do think one of my arguments holds up, that a more competent actor would have found a way to say it without lying, because he dropped a few poorly chosen words on an issue and got himself banished to Ohio.

It's noisy, but more critically, it's also a signal that's very sensitive to other stuff. I'm not very optimistic about Ames, for example, but despite not being a disparate impact suit itself, I'm hard-pressed to think of any conclusion but a punt on the underlying circuit split that leaves the rate of disparate impact suits unchanged. There's some cy pres stuff that could have an even bigger impact on settlements in general.

Beyond that, a lot of my position is about the policy, itself. The paper matters, both as something that discourages behaviors well before a court case happens, and in acting as cover for a wide variety of other behaviors that would be legally questionable. Maybe that's not something that we can bet on -- a Dem admin blanket-reversing every Trump EO is possible and wouldn't necessarily mean a reversion to 2024 disparate impact rules -- but it seems more relevant.

I'm a little disappointed about Issue 1. Frank LaRose and the Republican half of the Ohio Ballot Board's wording of the issue certainly didn't help. Oh well.