*Everything* is such a dumpster fire. Thus I’m still awake in the middle of my tz’s night and as a result of that my capacity to deal with even a single flying ember will be even lower, lol/fml

Alito shows no understanding of pregnancy. "All consideration for medical complexity is gone in the Alito draft, which cares very much for the 'unborn human' and very little for the live human it grows in."

I am very excited and heartened by Australia’s election results! Even the basic statements of Labor are just so much more humane and optimistic than the depressing and often just mean stuff that’s come out of the Liberal side.

I am with the American Civil Liberties Union on this: "Privacy sits at the heart of democracy, and we must fight like hell to ensure its relevance in 2022 and the decades to come."


Brown v. Board of Education, 17 May 1954:

"We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment."

I would be more interested in a “no true originalist” (variation on “no true Scotsman”) discussion if any self-designated originalist had ever shown any tendency towards doing anything like legitimate historical analysis.

Without that, who cares about philosophical commitments?

"Technological developments are human-made and subject to human conditions. Not everything that is possible will necessarily become real. If one claims the opposite, one falls for a self-fulfilling prophecy."

Janina Loh, What is Feminist Philosophy of Technology? Overview and a Plea for a Feminist Technoscientific Utopia, S. 18.

Yes, I have just spent two full days cleaning up a brief to make the evidence work properly before filing it all way too late last night (but at least we have e-filing!)

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Dunno how it is in other jurisdictions, but here in US federal court handling “facts” properly is a really annoying part of drafting a motion for summary judgment (a pre-trial method of getting a judge to rule based on admissible written materials)

What is the Right to Privacy if not Liberty persevering?


The level of government intrusion into personal liberty that would be required to ban guns in the U.S. **pales** in comparison to the level of government intrusion into everyone's personal liberty that will happen if U.S. states enforce the kinds of abortion bans that Republicans are passing now.

Sitting here drafting an Opposition brief about discrimination and disparate impact and all that jazz and feeling like, wtf, why does it even matter if I'm "right," grounded in precedent, have a strong IRAC/CRAC game, etc. if SCOTUS is just gonna say like, lol feel my vibes!! NO in response?

Legal practice depends on at least some semblance of rules, predictability, and stability—and I'm not feeling that these days from our US fed cts!

it’s getting to the point that in many anti-human rights states in the US, I’m gonna need to advise people not to talk to a medical provider without having their lawyer present

(and no, unfort, HIPAA privacy as it currently stands won't protect you)

Had to redownload MacTex so I can update my resume now that I'm a for-real barred attorney so I can volunteer with an abortion-protection org bc SCOTUS is rejecting the core of what I learned in law school. How's your weekend going?

If anyone was wondering, in California the choice to bear a child or not is a "fundamental constitutional right" under article I, section 1 of the state constitution. *Committee to Defend Reproductive Rights v. Myers*, 625 P. 2d 779 (Cal. 1981).

Because there are independent state grounds, the federal U.S. Supreme Court rejecting *Roe* will thus not destroy this fundamental right in the State of California.


For those interested in the details of Connecticut's newly enacted Public Act No. 22-19, you can read the legislative info (including its text and bill analyses)) here: cga.ct.gov/asp/cgabillstatus/c

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You know what CT’s new law feels like to me? It feels like the reaction of some Northern states resisting the Fugitive Slave Act and horrified by SCOTUS’ *Dred Scott* decision

Via @ProfMSinha@twitter.com:

"Considering that data protection is a fundamental right [...] personal data cannot be considered as a tradeable commodity. Even if the data subject can agree to the processing of personal data, they cannot trade away their fundamental rights."
- EDPB Guidelines 02/2019

Apropos of a certain recent draft opinion: one practical measure of the effectiveness and legitimacy of a court's decision is whether it increases or decreases chaos and uncertainty.

"What’s next for reproductive rights in America now that appears to have aborted Roe, stare decisis, and the Court’s legitimacy all at once?" Listen here (via @BarbMcQuade@twitter.com): twitter.com/BarbMcQuade/status

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