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Cake day: June 15th, 2023

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  • Very light details from the court on this.

    The application to vacate injunction presented to Justice Alito and by him referred to the Court is granted. The December 19, 2023 order of the United States Court of Appeals for the Fifth Circuit, case No. 23-50869, is vacated.

    I would be cautious to read any deeper than that. The issue for the injunction wasn’t “does Texas have a right to protect their border?” The lower court had sided with Texas that the US had waived its sovereign immunity from state tort claims seeking injunctive relief, via the Administrative Procedure Act (APA).

    Quick primer for those not knowing. A bill is a purposed thing in Congress, if both chambers approve it and the President signs it, it becomes law. These laws can be something like “The Department of Transportation shall build a highway that connects Wapakoneta, OH to Indianapolis, IN” The Department of Transportation is then allowed to build a road and they have to publish all kinds of rules about how they’re going about building it (because remember the law only says build a road, not where to build it, out what material, etc…). We call this regulation. Regulation is NOT law (as Congress+President can only do that) but can carry the weight of it.

    The APA is a law that sets up a procedure for regulation. Texas had argued that the Biden Administration did not check off all of the boxes required by the APA to remove the razor wire fence that Texas had erected. The Administration had indicated that, Texas was the one violating all kinds of Federal stuff, there isn’t a need to check the specific boxes that Texas indicated in Court because Texas is the one who started this whole mess. The Fifth Circuit agreed with Texas that “Hey look, I get it, Texas is being a weak ass bitch. BUT, APA says so on those check boxes”. It was a really technical win for Texas.

    So it basically boiled down to a question of where those specific line items in the APA are applicable when Texas is the one being the bitch about everything? I’m doubtful SCOTUS viewed this as a larger question about State vs Federal because even the Fifth Circuit (who is very conservative) indicated that the Federal Government was mostly right, BUT, if they didn’t like them forcing that part of the APA on them (the US Government), Congress ought to go back and clarify things.

    EDIT: Oh I guess I should indicate what the whole spat started over. Last October Border Patrol snipped some razor wire fence that Texas had put up. Texas sued for destruction of State Property. That’s what this whole thing is all about. Now that the fence can be fully removed with this order from SCOTUS, it’s likely that Texas will seek recompense for their property (AKA, Texas will attempt to make the US taxpayer pay for the clean up of the fence and the US government will likely want to send the clean up bill to Texas).


  • This isn’t the slam dunk folks think it is as Kyle Rittenhouse isn’t broke per se but isn’t getting to dictate a lot of his wealth. And it’s complicated because Kyle is a pawn so trying to state things in terms of “how does this affect Kyle Rittenhouse” is missing a larger point about how Kyle is to the GOP actually useful.

    First off, Kyle’s book bombed. It’s not good. Even for those from the Conservative realm, it’s not a good book. This is likely in that a lot of what was promised by the book was either culled or just never written to begin with given that Kyle is facing civil litigation now and a book giving “full account” would not help his position. But also the author, yeah it’s complicated but most people do not actually write their own biographies, Michael Quinn Sullivan isn’t a good writer. He’s one of the Republican’s think tank folks from Empower Texans which… that’s its own ball of yarn to untangle so I’ll just end it there. I’m sure guy is a great GOP strategist, he just really sucks at writing and you can really feel the “suck” level of his writing in his sci-fi book Finding the Void. But you know everyone has different taste so Sullivan is a more “specific” taste, and Kyle didn’t pick Sullivan, that’s who was suggested to him for his book. And this gets to the point.

    Kyle is a pawn. The GOP is using him for an agenda and Kyle is just looking for a paycheck. And something people should quickly note, don’t rely on the GOP to hand you a paycheck. This shouldn’t be new knowledge, but just in case anyone is out there: You get paid by political organizations based on utility and that’s true for both of them. But there is a caveat to this seeming “both sides” and boy oh boy is it the GOP is some of the most fickle of political groups. With the GOP it can be here today, gone tomorrow like a beach house in a hurricane. Democrats do indeed back away from “troublesome” folks within their own rank, but man GOP people will drop you like you were Cobalt-60.

    And this gets into Kyle’s “foundation”. Right out the door, it’s not exactly doing as well as folks might have hoped. it’s operating at -$60k with 72% of its expense being Charitable Disbursements, which is fancy talk for “someone got paid”. And that’s likely indicative that Kyle’s foundation is being used as a funnel for money for someone else. Which absolutely indicates that Kyle isn’t getting a say in the foundation but boy oh boy is he the face for it. Usually a low revenue, high disbursement means mismanagement and I’m doubting that the far-right folks that helped him set it up put a moron in charge of it. It’s likely that the person they put in charge of it is getting a pay check for (insert wild speculation here). But point being someone is being rewarded that’s not Kyle Rittenhouse.

    “Now that’s what I call being a pawn!”. There’s clearly a lot of people who want to give Kyle Rittenhouse, for whatever reason, money. The thing is, that money is passing though hands that are distinctly not Kyle Rittenhouse’s hands and that’s Kyle’s actual finical issues. Not that he doesn’t have money or he’s not popular enough to rake in money, it’s that he hasn’t been promoted on the chessboard that is the GOP politics to a chess piece that gets to enjoy some of his spoils. He is very much “useful tool” but a lot of the public information about him and his finances show, he is not getting any benefits, or at least very few of them. Someone else (or perhaps the plural version of that) is raking in the cash due Kyle.

    Given the GOP, I don’t think any of this comes off as shocking news to anyone that Kyle’s money is being slowly siphoned from him. Or that true endeavors of his “like his book” are only given token measures of care. That’s a lot of the GOP this day and age. The second someone becomes a nonuseful tool it’s “Phil Valentine who?” Kyle has money, he’s just not allowed to use it. Other people get to use Kyle’s money. That should be the key take away here.



  • In the end Samsung would owe Apple around $500 million in US courts and Apple lost (a value I’m not even going to sit here and add up) in international courts.

    The whole US snafu was largely seen around the world as American protectionism. As for Apple and Google, Apple saw their case wasn’t as slam dunk internationally and decided to settle with Google in 2014.

    Really though, once Steve Jobs died, the momentum for litigation dropped precipitously. Only Jobs was willing to go thermonuclear.


  • I have not read through everything, because I don’t have a legal mind. I can’t decipher all that.

    I love this part because it so accurately explains why Trump still has this major following despite the overwhelming indictments and evidence. It isn’t just that they lack the ability to understand what’s going on. It’s that they lack the ability to understand what’s going on and in that ignorance have come to a conclusion contrary to all the presented facts.

    It’s literally like someone on a commercial flight getting tired of the random turbulence to the point that they kick the pilots out of the cockpit, and begin to fly a 747 knowing absolutely nothing about even basic aviation.



  • Yeah the Florida law is still in effect until it’s been fully reviewed by the courts. There is not a moving on so long as the underlying law remains. In this whole thing DeSantis is attempting to place himself as having this outsized role.

    The reality is that the legislative branch of Florida feels a need to target companies at the behest of the governor. And the matter of law is that, no you can’t just pick on companies for saying your law is shit.

    Since our skirmish last year, Disney has not been involved in any of those issues. They have not made a peep. That, ultimately, is the most important, that Disney is not allowed to pervert the system to the detriment of Floridians.

    — Governor DeSantis

    And Disney would be fucking stupid to just stop now especially after that kind of comment that is quite literally a confession to a violation of their first amendment right. If this is the rationale for the law against Disney then, yes, there’s zero ways the law is Constitutional.

    The guy has fucked himself in terms of running for president and this lawsuit will absolutely decimate any legacy for his Governorship of Florida. The GOP has a tendency to only put up with useful idiots, and this man’s utility is about to have run its course. I’ll credit DeSantis in that at least he’s smart enough to know he’s about to receive a swift boot to his ass from his political party. Combine with him making himself a pariah in pretty much every other political circle, he better hope that savings nest egg lasts him long enough for his mea culpa to play out and perhaps get him some low level job commenting on Fox.