• 0 Posts
  • 8 Comments
Joined 1 year ago
cake
Cake day: July 3rd, 2023

help-circle
  • I mostly agree with you. The AND was kind of crammed in outside the list too, though; they’d written it as NOT bullet: limit 1, bullet: limit 2, AND bullet: limit 3. Basically I don’t think it’s implausible that they intended it to be maximally restrictive and just screwed that up. I just think that applying the law as though it means that requires interpreting the law differently from how it’s written, and different in a way that harms the defendants, which you previously weren’t supposed to do. Which seems super dumb.


  • I wasn’t suggesting the lawyers or the Justices should have talked about DeMorgan’s law, but rather that it would have been a helpful point for Mother Jones to bring up in the article, to make sure people are on the same page about the logic. You’re right that the notation is probably not helpful though.

    The actual legal argument is pretty simple. The law as written is maximally lenient, but also not very logically consistent (e.g. the redundancy indicated in the article). So it seems like some kind of error occurred in the law-writing process. The question is whether they actually meant to write it as maximally restrictive or whether they screwed up in some other way. That certainly seems like ambiguity (a stance supported by the evidence that multiple courts decided these cases in different ways), and the prior standard was that in the case of ambiguity, you had to interpret the law to the benefit of the defendants, which here would be maximally lenient, and indeed also as written. The supreme court has basically reversed that, saying that you can interpret it as maximally restrictive as long as you’re pretty sure that’s what they meant to say. That’s a very different standard.

    I think this case is maybe the equivalent of that photo of a striped dress that blew up the Internet a few years ago. Nobody thinks it’s particularly ambiguous, but they come to totally different conclusions about what the obvious correct answer is; just because the ambiguity isn’t necessarily obvious to the individual reader doesn’t mean it’s not there.


  • Yeah, I feel like the article should have made reference to De Morgan’s Law in order to explain the two interpretations. That’s the one that says !(A && B && C) = !A || !B || !C, and !(A || B || C) = !A && !B && !C.

    In English, there’s no proper grouping operator, so it’s basically it’s a question of whether you distribute the NOT or the AND first over the list.

    The Justices are saying that the ambiguity is completely resolved by the way the restrictions don’t make sense if you interpret it the other way. But the underlying assumption there is that the laws of this country are logical, free from needless repetition and contradictory requirements, which is a TERRIBLE assumption. Our laws are at best written by a committee of people not very familiar with the subjects of those laws, and at worst written by scam artists who then paid to slip them under the radar and into the books. They’re full of idiotic errors, deliberate sabotage, and absurdities. That’s the whole reason for the thing about the lenient interpretation, and this decision will change that in a way that gives judges a whole lot of power to do more harm.






  • It is, at least in part. This story cites a Washington Post article, which in turn brings up Project 2025.

    An excerpt:

    Much of the planning for a second term has been unofficially outsourced to a partnership of right-wing think tanks in Washington. Dubbed “Project 2025,” the group is developing a plan, to include draft executive orders, that would deploy the military domestically under the Insurrection Act, according to a person involved in those conversations and internal communications reviewed by The Washington Post. The law, last updated in 1871, authorizes the president to deploy the military for domestic law enforcement.

    They explain earlier in the article that the use of the Insurrection Act would be in order to deploy the military to put down civilian inauguration day protests. It’s a little oddly written, in that it makes it sound like this is the main thrust of Project 2025, though they do eventually mention:

    For other appointments, Trump would be able to draw on lineups of personnel prepared by Project 2025. Dans, a former Office of Personnel Management chief of staff, likened the database to a “conservative LinkedIn,” allowing applicants to present their resumes on public profiles, while also providing a shared workspace for Heritage and partner organizations to vet the candidates and make recommendations.

    In any case, yeah, they’re not bothering to hide any of this. They know they control the media that their side hears.

    Source article (as linked at the start of OP’s article): https://www.washingtonpost.com/politics/2023/11/05/trump-revenge-second-term/