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Peter Hurley

@phrly.bsky.social

450 followers 960 following 1.6K posts

Just some law talking guy

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Peter Hurley @phrly.bsky.social · 21h

Dismissed from the military for being trans? Hyatt Executive Security has a job for you!

Peter Hurley @phrly.bsky.social · 1d

The insurance risk also has to factor in being a big potentially unpopular company with real assets to go after. Most people don't have major $ to go after past their policy max. A $100 million judgment means no more than a $300,000 judgment. For waymo, they are different.

Peter Hurley @phrly.bsky.social · 3d

Yeah Jan 6 would be in the "precursor conflicts" like Bleeding Kansas.

Peter Hurley @phrly.bsky.social · 7d

Yeah. There's a decent point to be made about NYC being "plumber only" vs having an easier and more specific gas fitting license like MA does. But gas should not be a DIY job.

Peter Hurley @phrly.bsky.social · 7d

Now I will say it makes sense to have a lower tier of license like MA's gas fitter specific license for doing this work. Much in the way we license Nurse Practitioners to do routine prescribing. "Master plumber or bust" is actually too restrictive by NYC.

Peter Hurley @phrly.bsky.social · 7d

Yeah I did a gas stove / dryer replacement in my house 2 years ago and the appliance store was like "you must have a plumber do this." And it was a good thing too! Because when he came he basically refused to hook up the dryer because the vent was fucked and would have killed us with CO.

Peter Hurley @phrly.bsky.social · 7d

My favorite is the quote from the bank exec who gave $ to both Wu and Kraft. Yes, your donation to both of the candidates is definitely a speech act and not at all an attempt to buy influence you're now desperate for.

“The business community is in retreat” politically and “they’re frustrated,” Bob Rivers, executive chair of Boston-based regional lender Eastern Bankshares Inc. and a donor to both Wu and Kraft this year, said at a recent forum hosted by State House News Service.

“We missed an opportunity for a more engaged and honest discussion of the issues facing the city of Boston,” Rivers added in a follow-up interview.

Peter Hurley @phrly.bsky.social · 8d

I don't know those cases and would be interested to look. I do think it's a much harder lift if you have a revaunchist SCOTUS doing shit on the original jurisdiction docket though. What if SCOTUS applies totally contrary reasoning to the Natl CoA? Why can't the state choose to follow SCOTUS?

Peter Hurley @phrly.bsky.social · 8d

An inferior court doesn't have the authority to settle the meaning of the Constitution except for the parties before it, and for the courts which are subject to its supervision. And Congress can't put a state court under the supervision of a federal court because states are sovereign.

Peter Hurley @phrly.bsky.social · 8d

Power vs authority. The power is to promulgate orders. But an inferior court inherently cannot pronounce the general principles of law with finality.

A state judge swears to the Constitution. The Constitution establishes the Supreme Court as Supreme in Qs of law. So state judges are bound by them.

Peter Hurley @phrly.bsky.social · 8d

I don't think it's just statutory. Yeah you can force direct appeals to go that way by statute, but you can't make state courts treat those decisions as binding precedent for future cases.

Peter Hurley @phrly.bsky.social · 8d

It's just a cutting off your nose to spite your face issue. No matter how bad they are, trying to replace the Supreme Court is just way weaker than packing it. Packing is just categorically better for real power. The swircheroo is spite driven not power driven. And I care about power and results.

Peter Hurley @phrly.bsky.social · 8d

That was a suit initiated in federal district court against the state of NC.

My basic view is this: if you don't have the broad support needed to impeach and remove them, you don't have the broad support needed to supplant them with a scheme like this.

Peter Hurley @phrly.bsky.social · 8d

The correct solution is to appoint 6 new justices and let Roberts et al write dissents into the void. But you're mistaken about appeals from state courts. Currently if you have a state court case, it goes direct from the state's highest court to SCOTUS. Never hits a district or circuit court.

Peter Hurley @phrly.bsky.social · 8d

And like, they can gin up state vs state original jurisdiction cases to get a favorable ruling from Roberts that states are only bound by the precedents of the Supreme Court and not by "lower" federal courts.

Peter Hurley @phrly.bsky.social · 8d

Lower courts aren't so uniform. Especially state courts can be quite partisan R. The currently composed TX or NC Supreme Courts would very much fall on side with the revaunchist Roberts court vs a new CoA.

Peter Hurley @phrly.bsky.social · 8d

Sorry - the perils of short form writing!

Peter Hurley @phrly.bsky.social · 8d

As a rule of law thing, it's obviously improper and anti-constitutional to nullify the entire Supreme Court by legislating an "exemption" to swallow it. The answer to an anti-constitutional administration is not to do the same but inverted.

Peter Hurley @phrly.bsky.social · 8d

This is really popular among some people, but I think is a grave mistake as a tactical and a rule of law question.

Tactically, a Natl CoA has far less sway with other institutions, especially state courts, and is set up for conflict with the revaunchist SCOTUS abusing its original docket. 1/2

Peter Hurley @phrly.bsky.social · 9d

It has big Charles I energy

Peter Hurley @phrly.bsky.social · 9d

Yeah, I don't think the Marxist means of production frame is useful really. But I do think "fuck you money" as a form of power over one's life and labor is a very useful dividing line to think about.

Peter Hurley @phrly.bsky.social · 9d

At this point he probably does own the means of production though. Like, he still works and makes $$ from salary, but almost certainly he has a bunch of savings and the ability to live on passive income for the rest of his life.

Peter Hurley @phrly.bsky.social · 9d

The Louvre of Bluesky could use a good Who's on First

Peter Hurley @phrly.bsky.social · 9d

It's the Ivy League mindset striking again. For the ~15 hyper-selective super-endowed colleges that constrain slots for prestige reasons, it's true. But not for anyone else.

Peter Hurley @phrly.bsky.social · 9d

I think this is yet another case of Ivy League vs "almost all other colleges." The ivies for prestige hoarding reasons cap seats far below demand, and so stopping intl admissions at them does open up slots for Americans. But that's not true for the schools where $, not prestige, is the constraint.

Dave Vanness @djvanness.bsky.social · 9d

A lot of people think that every international student admitted means one fewer spot for domestic students, when the opposite is more likely true - the tuition revenue international students bring allows public universities to provide substantial discounts to domestic students, improving access.

Nick Fleisher @nickfleisher.bsky.social · 9d

30% drop year over year!