Attorney. "Cultish right wing hack" - Norman Ornstein.

Joined July 2008
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Is the Gaiser-Craddock Memorandum having a disparate impact over at BlueSky?
The Department of Justice has issued an opinion to the Equal Employment Opportunity Commission (“EEOC”) that its guidelines about disparate-impact liability under Title VII of the Civil Rights Act are unconstitutional. The Office of Legal Counsel found that EEOC’s guidelines pressured employers to engage in racial discrimination. "Despite trying to promote equality, EEOC's disparate impact liability interpretation under Title VII actually fosters the very discrimination its guidelines seek to address," said Acting Attorney General @DAGToddBlanche. "This opinion will now allow businesses to hire based on performance, restoring equal opportunities in the American workplace." 🔗: justice.gov/opa/pr/justice-d…
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Good on politico for blowing the whistle on this scandal
Apparently you still find out what the law requires by polling district judges. It’s “we are Church” but for the judiciary. politico.com/news/2026/06/13…
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Joe Bingham retweeted
An extremely reliable test of whether you're an honest, sane, & decent human being is whether you agree with this. If you don't, you're not.
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Oh yeah me too definitely
I take Cialis, but not for sex. It’s actually a longevity medicine. Cialis (Tadalafil) is great for the same reason it gives you fantastic erections… it improves blood flow. Studies show that Tadalafil… 34% reduced all-cause mortality 27% reduced major heart disease 34% reduced stroke 32% reduced dementia It has also shown benefit in insulin sensitivity, metabolic health, and reduction of body fat. Women have blood vessels too, so theoretically they'd get the same longevity upside. The research is thinner, but early signals are promising. It’s sad that when men and women could benefit from it can miss out because it’s taboo. My protocol is 5mg daily and I've been on it for about two years. *Observational research shows associations, not causation. Outcomes may be influenced by underlying differences in study populations. This is not medical advice and is shared for informational purposes only.
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Joe Bingham retweeted
This order would flunk every part of an administrative law exam. There’s no standing. Plaintiffs have no cause of action. The matter is clearly committed to agency discretion by law. The judge is substituting her own judgment for that of agency. It’s pure lawlessness—and an indication why, properly understood, the APA does not authorize individual district judges to afford nationwide relief.
BREAKING: Judge Angel Kelley (Biden/MA) blocks Interior Secy. Doug Burgum's "Restoring Truth and Sanity to American History" order at nat parks nationwide. Feds must restore race, climate & LGBT mentions documentcloud.org/documents/…
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Sorry, "peers" doesn't mean you're entitled to a jury made up of fellow murderers.
I have not yet read the full trial transcript. But so far, I do know this. Karmelo Anthony was entitled to a jury of his peers. He did not get that. On that ground alone, he is entitled to a new trial. Minorities are not interchangeable. The prosecutor’s reported proffered reasons for striking all black jurors —that they were teachers—appears to be pretext. Anthony needs a new lawyer on appeal and in a new trial. His trial lawyer allowed in opinion evidence that should have been struck. He also seemed unable to appreciate and counter the impact of racial overtones in that case. Those overtones are clear even on Twitter commentary as folks seek to paint Metcalf as having no culpability in what happened and Karmelo as a complete monster. The facts on how the matter escalated are more complicated than that. He and they had no such authority. They are also apparent in the statements that seek to deputize Metcalf and other kids with authority to remove Anthony. They had none and initiated the conflict. That does not mean they should have been killed but it means they have explaining to do. The lawyer for Anthony apparently did not require that explaining. It is fair to ask how the Anthony’s ended up selecting that lawyer. The trial judge must be disqualified in any new trial if he actually gave an interview about the case before the appeal was considered. He has negatively affected the appeal rights of the defendant. He should know better. He should also be disqualified if he has any relationship with the Metcalf side. In a criminal trial, the prosecution has the burden of proof beyond a reasonable doubt. The defendant does not have to prove he is not guilty. Those rules apply to everyone. They apply to Anthony.
Community note
The Sixth Amendment guarantees criminal defendants the right to an impartial jury comprised of citizens from the state and district where the crime was committed. Nowhere does it mention race. constitution.congress.gov/constitution/a…
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Replying to @ProfWBCarter
That’s not what jury of your peers means but you’re forgiven for not knowing that as you’re only…a Harvard professor?
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Historically true, but. You would not *believe* how quickly @AmericanCRProj is making race-discriminatory scholarships uncommon. They're folding as quickly as we find them. If you see one, tell me, and we will make it go away in a few months. (We accept donations, btw.)
Replying to @teafortillerman
I'm not sure I would call it interesting legally speaking, since it's black letter law (Evans v. Abney). I'm more surprised that a race exclusive scholarship was deemed by a court to have an illegal purpose at all, considering how common they are.
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Immediate context aside, that is a complex question, and my views are too nuanced for a flat yes/no. But whether it should be or not, it *has* been illegal since almost a hundred years before passage of the Civil Rights Act we know. law.cornell.edu/wex/section_…

Replying to @teafortillerman
Do you think this sort of private discrimination should be illegal or legal?
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Not at all dunking on @Pogojar's very good question BTW. VERY few people know this (I learned it relatively recently), and I am trying to spread awareness.
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I am not, as you might guess, not biased in favor of Jill Biden's judicial appointees. But it's quite clear Judge Merriam and her supposedly (but not actually) aggrieved clerks are victims of a vindictive and dishonest third party.
Replying to @adam_shniderman
Not this time; this report was a lie from a third party. The clerks on whose behalf it was supposedly made are all angry about it! Two of them had complaints, but worked them out informally with the judge (their account makes her look very good--her response was a *model* one).
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Interesting case. Well meaning benefactor leaves an illegal race-exclusive scholarship. Recognizing it's going to be killed, because the party of civil rights is in power again, the school rewrites terms to make it legal. No, says Iowa SC. Donor intent rules. Must let it die!
The Iowa Supreme Court has ruled that a scholarship created specifically for Black science students cannot be redirected to first-generation students instead, preserving the donor’s original intent. Read more #OnTheGrio thegrio.com/2026/06/11/totto…
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I'm glad everyone ended up chill and there's a happy ending. But as a parent, the cop sighing, making Ben Affleck cigarette face, and saying "every single person here is about to go to jail" is the most relatable a LEO has ever been.

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I thought this was the bit
I think Neil de Grasse Tyson just plain sucks. He has none of the depth of Carl Sagan, none of the humility Hawking, nor scientific accomplishments. He is a gotcha sound-byte narcissist, an absolute dead weight to society, he just fucking sucks
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Joe Bingham retweeted
Jun 12
There is not nearly enough introspection about the fact that me and everybody like me knew exactly how this would all play out ahead of time. Like, you could have just asked me. Like, really. You could have just asked me on Twitter and I would’ve told you. The people in charge are not bothered enough about the fact that random laymen know more than they do about their own job jobs.
Columbia University has reinstated standardized testing for admissions — the last Ivy League school to do it. “Through a multi-year faculty review, it was determined that test scores, among other factors, were a useful indicator of potential student success.”
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“Tense and challenging”? Seriously? This is not like Ross. Unhireable people.
New: Judge Sarah Merriam of the 2nd Circuit has for the second time since 2023 has agreed to take steps to improve the workplace climate of her chambers after her law clerks raised concerns about the "tense and challenging" atmosphere she fostered. reuters.com/legal/government…
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Solid illustration of why "pretextual" emphatically does not, as too many lawyers assume, imply "wrongful" or even "illegal."
Replying to @teafortillerman
Seems likely that this is also a semi-pretextual way to impose the punishments they thought they could get away with not imposing the first time, now that they’re under significant public pressure
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This is *almost* certainly pretextual, but it's *most* certainly good.
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