The Volokh Conspiracy
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Sunday Open Thread
What's on your mind?
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First!
His name is Charlie Kirk
And next Monday (not tomorrow) is Charlie Kirk Day.
"Next Monday" IS tomorrow.
In the olden days, when Peoples still spoke the "King's Engrish"
you would say
" "Monday Week" is Charlie Kirk Day.
What I may lack in adherence to Societies arbitrary written language rules, I make up for in the use of archaic and dying words, such as "Apothecary", (I say old man, is there an Apothecary in the area?")
"Perendinate" which is "Procrastinate"'s nee'r do well Older Brother, it's like when you've already Procrastinated, but Procrastinate a little longer, also can be used to denote taking longer to complete a task than usual.
"Most Medical Students graduate in 4 years, but I Perendinated"
Hey, it was good enough for Mark Twain to use it,
"Why Procrastinate when you can Perendinate"
"Prolate Spheroid" I've loved this one since I first heard Howard Cosell use it in 1974,
"Hey, anyone for some Touch Prolate Spheroid???"
Frank "Could I get a Dram of Crown, Neat?"
Seems most people have moved on.
https://trends.google.com/trends/explore?date=today%203-m&geo=US&q=Charlie%20Kirk&hl=en
Many, like you, never got there.
You can call it "moving on." Look in your rear view mirror and you'll see little but continuing failure. Don't learn from that.
Lost in the noise about the illegal aliens is the requirement that "able bodied" senior citizens, aged 62-65, "work" 20 hours a week in order to receive Medicaid. They would, of course, be free to dial 911 and have an ambulance take them to the hospital for free (to them) care as required by the Medicare (not Medicaid) law.
That's way more expensive to the taxpayer as (a) the ambulance alone is over $1000 and (b) a lot of chronic but manageable conditions (e.g. high blood pressure, diabetes) become a lot more expensive if neglected.
But there are three other things that I don't think people quite realize if they haven't worked in public housing, as I did as I worked my way through college:
1: It's going to push a lot of people into the "Disabled" category as that is an exception to this. When you look at how ridiculously easy it is for someone in her 20s to go on SSDI for life and how fabricated some of these purported "disabilities" are, this is not going to be good.
2: A lot of these people really aren't employable -- which is why they retired at age 62 -- which public policy permits. Some have issues with hearing and/or sight. Others have issues with personal hygiene -- you do not want them working around food. Trust me, you don't.
A standard "E" Oxygen tank holds 679 liters of pure Oxygen, 24 cubic feet, do you really want someone with one of those working next to the open gas flames at McDonalds?
You're going to have employers forced to hire them as the "Government" says they are qualified and hence it will be age discrimination not to hire them. And then there will be a lot of Worker's Comp claims -- a lot legitimate as these are people who really shouldn't be in the workforce, and probably a lot that aren't as a "temporary" disability (I presume) counts as a "disability."
Many have already retired, which means that Social Security takes one dollar of every two they earn -- that's a real incentive to work. Particularly when 911 is free...
And then there is the training and volunteering. You're going to train someone who is 64 years old to do something, knowing that the person will -- at most -- use this training (which costs $$$$) for a few months before being done at age 65? The persons doing the training make out quite well, but the taxpayer, not so much.
And as to the "volunteering", how do you think that Massachusetts got the "Millionaire's Tax" -- and the referendum that authorized it? This is going to be a cadre of free labor for the Tax & Spend Left -- I don't think that people realize the extent to which social workers and case managers already funnel "clients" into these activities.
I can see the rationale and it should be applied to those under age 55, maybe 61, but beyond that is "penny wise and dollar foolish."
Sunday WaPo: "Trump plan will limit disability benefits for older Americans. Trump administration officials are considering eliminating age as a factor in deciding whether someone is capable of working."
I know a lot of 60+ year olds who work. The real issue: companies don't want to hire them because they are paid too much and difficult to manage (because they actually can prove the boss is wrong--been there, done that).
Anything more on Harvard's plan to open trade schools?
Harvard Med's been in business since 1782.
Harvard law open since 1817. Craps out newbie lawyers every year, with regularity.
Did you have Kingsfield for Contracts?
10 USC Ch. 13: INSURRECTION §252. Use of militia and armed forces to enforce Federal authority
Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
This was a lengthy read by Andy Ngo, and raises two questions I have.
https://www.ngocomment.com/p/the-portland-police-chief-who-apologized
POTUS Trump has designated antifa as a domestic terror group. What kinds of secondary surveillance are done by the Fed govt? Here is what I mean. Suppose identified Adult Antifa Member A has a Boring Brother B. What Boring Brother B information is the fed gov't entitled to by virtue of surveilling identified Adult Antifa Member A? Assume they exchange messages about family via phone, text and email. What is the constitutional line on secondary surveillance?
As for Portland, there is a point where not addressing violent rioting is wrong. The continued attacks on federal facilities must end. Note that deportations of illegal aliens will not end. Precise application of rubber bullets and pepper balls [e.g. non-lethal means] to repel those who are physically attacking ICE facilities (or any other federal facility, for that matter) would be effective in stopping the violent rioting and attacks on federal facilities. It takes time for bruises to heal. There will be less enthusiasm the second time. It is a rare person who volunteers for a third go-round with rubber bullets and pepper balls. My reasoning: Every member of the public must be safe when they are inside a federal facility, regardless of why they were there. The physical facilities themselves must be protected, and accessible by the public. The federal courts of justice must remain open. Why have a fed gov't if you don't have that?
The local Portland police have a hands off policy, and the local courts appear indifferent. That is what Portlanders want and that is what they voted for. So...let them have they want; violent anarchists living among them. Portland will reap what they sow, it just takes more time. Then Portlanders will vote to change it. Portland is one city; the US is a big place. If one minor city goes a little kooky, big deal. What is the (un?)constitutional problem with that approach?.
Bondi is acting - the Portland PD arrested the VICTIM of ANTIFA and she is pursuing civil rights.
The Portland Police Bureau has a hands-off policy for Antifa, but will arrest and prosecute Antifa's citizen victims. Query at what point PPB becomes culpable for conspiracy due to such practices.
As to "secondary surveillance", generally a warrant is required to conduct a "search or seizure" both for the immediate suspect and for their relatives and associates, and the threshold to get a warrant is "probable cause": for a warrant, a reasonable belief that a crime was committed and that evidence of the crime can be found at the place to be searched. I expect that's a hard threshold to reach for "secondary surveillance".
National security has different rules, I suspect.
I'm pretty sure it doesn't, except for FISA and its court, which are restricted to foreign intelligence activities.
Gotta love how all the right wingers now have amazing Antifa-dar.
So you're tolerant of citizens killing people at Federal facilities (like Dallas); or, proverbial dancing on the grave when they are killed making political speeches (like Kirk). If that does not make you and your fellow travelers fascists, then what does it make you, besides sore losers?
Yep, love all that shit. Well spotted, I can't fool you!
Proverbial stuff is always the most fascistist.
They're violent, thuggish totalitarians who hate America and the ideals of liberty and political equality that it stands for.
Related: https://thefederalist.com/2025/10/02/2500-spike-in-google-search-results-for-trump-and-fascist-shows-dems-violence-incitement-problem/
This is from a guy and outlet that supports a politician that regularly talks about “the enemies of the people,” “radical lunatics” and more. It’s pure disingenuousness.
https://ghostarchive.org/archive/ADfSr
Judge Immergut in Portland preliminarily found that Oregon National Guard activation was not authorized by 10 USC 12406 despite a Presidential finding that there was "lawless mayhem." The decision is based largely on testimony by Portland officials that things are going great.
https://www.courtlistener.com/docket/71481149/state-of-oregon-v-trump/
"Defendants are hereby enjoined from implementing Defendants' September 28, 2025, Memorandum ordering the federalization and deployment of Oregon National Guard service members."
This is an injunction against the President, not only against executive branch officials. The memo mentioned in the injunction is from Secretary of Defense and/or War Hegseth.
A notice of appeal was filed immediately after the order.
"Immergut"?
More like "Immerschlecht"
Frank
Judge Immergut must be using a different version of the Insurrection Act than I've seen; the one I know doesn't give local officials supremacy over the president's determination.
She’s using Newsome II, which is current precedent in her circuit.
I see the judge is also fishing for a reversal and reassignment based on abuse of discretion, in pretending that a "nominal" $100 bond would "pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained".
Doesn't sending troops cost more than not sending one, though?
Worse than the butt fumble?
Mark Sanchez, the former N.F.L. quarterback who is a Fox Sports commentator, was arrested on Saturday after being injured in a stabbing in downtown Indianapolis that left him hospitalized in stable condition, according to the police.
Mr. Sanchez was arrested in the hospital and charged with battery with injury, unlawful entry of a motor vehicle and public intoxication, the police said. All of the charges are misdemeanors, the police said.
https://www.nytimes.com/2025/10/04/us/mark-sanchez-stabbing.html
Played 10 NFL Seasons and had more Interceptions than TD Passes, like MLB Pitchers who lost 20 games in a season, you have to have some talent just to play that long.
A senior White House official accidentally leaked details of plans to send an elite army unit to Portland, in the latest intelligence leak by the Trump administration.
Anthony Salisbury, a top deputy to Stephen Miller, the influential White House policy adviser, was observed using Signal in a public place to discuss a plan to deploy the army’s 82nd airborne division to Portland, the Democratic-run Oregon city which Donald Trump has repeatedly castigated as being “war-ravaged”.
The Minnesota Star Tribune obtained images of Salisbury’s Signal messages, which it said were sent while the official was “in clear view of others” in Minnesota.
https://www.theguardian.com/us-news/2025/oct/04/us-military-portland-oregon-trump-administration
You think that was accidental?!?
This month, skywatchers in the Northern Hemisphere will have the opportunity to observe not one but two once-in-a-lifetime comets in the fall skies.
The celestial visitors, known to scientists as C/2025 A6 (Lemmon) and C/2025 R2 (SWAN), traveled here from the very edges of the solar system where the sun appears as a pinprick of light in the darkness.
After dazzling stargazers in the Southern Hemisphere, R2 (SWAN) is starting to swing into view in the northern evening sky this week and will remain visible until the end of October.
To spot the comet, astronomers recommend going to a dark location with an unobstructed view to the southwest and with as little light pollution as possible. The comet’s brightness is expected to remain out of range of the naked eye, so you’ll need binoculars or a small telescope. About 45 minutes to one hour after sunset, scan low along the horizon. The comet will appear as a “fuzzy ball,” said Yoonyoung Kim, a comet researcher at the University of California, Los Angeles.
A6 (Lemmon) is currently gracing the northern morning sky. To observe the comet, you’ll need binoculars or a small telescope — and the fortitude to wake up before dawn.
Look for a fuzzy object in the northeast, several hours ahead of sunrise, just below the ladle-shaped Big Dipper. From Earth’s perspective, A6 (Lemmon) will perform a switcheroo halfway through the month, appearing in the evening sky in the west. If predictions hold, A6 (Lemmon) will brighten in late October and early November, possibly enough to be spotted with the naked eye in very dark conditions.
https://www.nytimes.com/2025/10/03/science/comets-a6-r2-how-to-see.html
Always glad to be reminded of sky watching opportunities.
I will not forget 1996-1997, when two comet-of-a-lifetime displays followed in overlapping succession, both brightly naked eye visible, and each spanning an appreciable fraction of the sky.
My guess is that almost everyone old enough then to take a look remembers Hale-Bopp. It achieved naked eye visibility that lasted a record 18 months. Had it passed closer to earth, it would have been visible in full daylight, and spanned the entire sky. As it was, it was merely a staggering spectacle, which went on and on. It was so bright you could photograph it directly over a major city, as I did over Boston.
The lesser-remembered comet came first, comet Hayakutake. If it were not for Hale-Bopp, Hayakutake would have been by far the most notable comet of my lifetime. One thing that made it special was also what made it lesser noticed. It passed so close to earth that it went by in a relative flash—there and gone in only a few days. When it was closest to earth, if you were lucky to have a clear dark sky, as I was, you could watch it with binoculars for only a few minutes, and detect its motion against background stars.
I’ve usually had bad weather luck in seeing these events.
Democrats are now in such a bad situation that their best candidate for state AG is a guy who thought the then-current Speaker of the House of Delegate more deserved to be shot than both Pol Pot or Hitler ("he receives both bullets every time").
https://www.nbcnews.com/politics/elections/democratic-candidate-virginia-attorney-general-jay-jones-text-messages-rcna235573
That guys sucks and I hope he loses.
He might still win! That's a pretty dark sign about how pissed off Dems are.
You'd think Dems would have recently learned that ignoring the character of your guy because the other side is 'just that bad' does not end well for civic society.
It’s hard to believe when candidates for state wide office are this poorly vetted.
It's a hard lesson to learn when a large fraction of your party don't see anything wrong with it.
Indeed.
https://www.politico.com/news/2023/09/29/trump-mocks-pelosi-family-as-he-rallies-conservative-support-in-california-00119243
Indeed.
https://www.politico.com/story/2018/10/18/trump-gianforte-body-slam-praise-915047
This is a Virginia AG race, Brett. It’s not some broad Democratic referendum.
Meanwhile your party is coming in from black helicopters and zip tying kids, and the President os calling for lethal force.
What a shameful double standard you have.
Its a very dark sign that democrats are okay with their behavior.
Their?
Those in the Commonwealth to my south have nuts on the other side to marvel at as well, such as the GOP Lt. Governor candidate’s involvement with gay Nazi porn sites. Wild times in the Old Dominion!
https://www.yahoo.com/news/articles/republican-candidate-virginia-caught-tumblr-221422436.html
If you are going to make an argument for open borders and free trade, at least stick to traditional mainstream economics ("profit-maximizing companies prefer cheap immobile labor and cheap inputs"); dumb ones like 'wages rise when we import cheap labor/export jobs' not only aren't true, everybody knows they aren't true the same way they know a compass points north. Don't be dumb. Stick to mainstream textbook economics (which is mainstream and textbook for a reason... like Newtons Laws and general relativity in physics).
It's all about labor demand, who is demanding it, who is offering their time, and at what price.
I would probably take the open borders people seriously if they also 1)lowered taxes to create a demand for labor 2)eliminated the minimum wage (illegal immigrants are paid cash and not the minimum wage anyway) and 3)eliminated regulations in Commiefornia and Illinois so that those profit maximizing developers could figure out a way to build housing, cheaper.
1,2,3 are preconditions for me. Show you are serious about labor demand. For the taxes I pay, I could hire two people to cook, clean my house, and landscape, and renovate my house.
Shorter dwb: Adam who?
"The issue before is now is very simple and clear. There is a large and growing movement of leftwing terrorism in this country. It is well organized and funded. And it is shielded by far-left Democrat judges, prosecutors and attorneys general. The only remedy is to use legitimate state power to dismantle terrorism and terror networks."
Yeah, we got a fascist in charge of America.
One who is either a paranoiac or lying to stoke that among MAGA people who want to be fooled so they have an excuse to be fascist.
hint - its the fascists that are rioting
throughout history - Its always the fascists that riot
its always the fascist that censor speech
its always the fascists that demand the populace adhere to their philosophy.
That’s silly, the fascists often fought rioting communists in the streets of Germany, Italy, etc., rioting isn’t exclusive to fascists.
The National SOCIALISTS....
The DEMOCRATIC People’s REPUBLIC of North Korea….
Just to be clear, that quote is apparently attributable to Stephen Miller, not Donald Trump.
Or, we've actually got a large and growing movement of leftwing terrorism in this country.
You know it's not the sort of thing that's categorically impossible, we had one back in the 60's. The Weather Underground, for instance.
You've got known murderers like Mangione being celebrated on the left. You've got polls showing a large percentage of left-wingers think that political violence is morally justifiable. 55% of left-wing respondents to one poll said that assassinating Trump was justifiable.
Say you want to look at a You-Gov poll.
"Do you think it is ever justified for citizens to resort to violence in order to achieve political goals?"
11% of all adults said yes, 72% never.
The party breakdown was 14% yes among Democrats, 13% yes among independents, and 6% yes among Republicans.
And if you looked at the age breakdown, 18-29 year olds were enormously more approving of political violence than other age groups. Never was only 52% in that age group.
So, what percentage of the left do you think you need to have a large and growing movement of left-wing terrorism, like we did in the 60s and 70s? You think 14% isn't enough building material?
You think calling the opposing party fascists is helping? If you really believed that, you'd be in the 14%! If it was true, they'd be right!
Oh so you agree with the fascist.
And your sources don’t say anything to support what the fascist says,
So you agree with the fascist just cause you wanna be fascist.
Licking Stephen Millers jackboot is not where you had to end up, but it is where you choose to be.
Try winning an election.
Yeah, have made it repeatedly clear that you believe Trump winning means fascism is cool now.
Just the saddest trajectory of any poster on this website.
Your own source cites a poll before the Kirk murder with the GOP having a higher percent: “the percentage of people who said it was at least “a little” justified had already risen to 36% among Republican respondents and 33% among Democratic respondents.”
Also none of it supports the vast conspiracy Miller lays out.
Brett is a master at drawing the conclusions he wishes to draw.
And apparently he wishes for fascism against liberals to be necessary.
Through self-delusion, Brett has become a fascist.
An easy way to get a lot of people to abandon principles of civil liberty is to proclaim an existential emergency. A lot of the right swims in existential emergencies and Trump declares them everywhere.
A Harvard professor fired a pellet rifle twice outside a Boston-area synagogue, claiming to be "hunting rats". We need to shut the whole thing down until we can figure out what the hell is going on with Harvard.
https://nypost.com/2025/10/04/us-news/harvard-professor-who-was-hunting-rats-placed-on-leave-after-firing-pellet-gun-near-synagogue/
From the source: “Investigators do not believe that Gouvea was targeting the synagogue”
“We need to shut the whole thing down until we can figure out what the hell is going on with Harvard.”
Mikie felt the same way about the Marines after the recent MN and NC shootings!
"No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design on the reverse of any coin under subsections (x), (y), and (z)." - 31 U.S.C. 5112(aa)(1). Subsection (y) authorizes the semiquincentennial coins.
(Nor does the Presidential Dollar Coin statute, subsection (n)(2)(E), allow for a living President's face to be engraved.)