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Cake day: July 6th, 2023

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  • On body-worn camera video played in court, Wasser was heard saying she wanted to check the bag for bombs before removing it from the McDonald’s. Despite that concern, she acknowledged in her testimony Monday that police never cleared the restaurant of customers or employees.

    Unless they had probable cause to believe there was a bomb, that’s absolutely no excuse for a search. Might as well just get rid of the fourth amendment altogether if police can just imagine the possibility of a dangerous object and excuse searching anything at any time.

    If she really thought there was a bomb, she is recklessly handling this herself instead of calling in a properly trained and equipped bomb squad. But far worse, she claims she needed to check it so as not bring a bomb to the station, but apparently has no problem potentially handling a bomb around a bunch of innocent bystanders.

    That she is lying in order to justify what she knew to be an illegal search is actually the least damning interpretation. Either way though, the evidence should be thrown out along with her career.



  • They may not have felt that this was a good case for their purposes. Or enough of them may have felt that this was a bad time for it. Hell, maybe a couple of the conservative justices just don’t care enough to want to revisit the issue.

    But respect for the law, the constitution, and the rights and wellbeing of the people hasn’t been evident in many of their recent opinions. Letting half the states pretend a fraction of marriages never happened wouldn’t even be the most disruptive thing they’ve done. They endorsed racial profiling, made racial gerrymandering presumptively legal, made prosecuting bribery essentially impossible, overturned abortion rights, and crowned Trump as king and gave him a license to kill. And that’s ignoring all the shenanigans happening on the shadow docket where they don’t even bother justifying their decisions. That they’ve at least drawn something of a line against the Trump administration trying to eliminate due process altogether makes sense only because letting go of due process would mean giving up some of their own influence.



  • If they can invent presidential immunity despite there being absolutely nothing in the constitution to justify it, I’m sure they have no problem writing an opinion that allows bans on gay marriage.

    My best guess would be that they would frame it as being about the right of the states to regulate marriage. If the state can decide how many people can be in a marriage, how old you have to be to marry, how closely related you can be and still marry, the requirements for starting or ending a marriage, and so on, then what’s one more criteria? Add some tangents about the history of marriage in the US, some comments about how government is involved in marriage specifically because of how it connects to issues relating to reproduction, cite some cases from the 19th century, and twist some more recent precedent to reverse its meaning so that you can pretend to be following existing case law and you have a pretty standard ruling for this court.













  • The only reason it hasn’t happened yet is because the people who would have to support it would prefer to hide behind an erratic Trump who is prone to manipulation. His cabinet can get what they want and let Trump take any heat from the consequences. And congress sure as fuck doesn’t want to be seen as betraying Trump, nor do I expect many of them want to see a president Vance, especially in the lead up to the 28 primaries.




  • I didn’t say they were equally stupid. I said one explanation was most likely correct, but thr other wasn’t completely implausible.

    Yes, faking an attempted drugging for attention/politics/whatever is less likely to get someone killed. But it’s so a really fucking stupid plan that had to actually be completely premeditated. Just look how well it worked out for him.

    The potential child abuse plan is monstrous and risks killing them, but pedophiles do risky and horrible things all the time. And at least the part of the plan that involves showing the cops the drugs can be seen as a bad decision made in the moment by someone panicking and not thinking clearly.