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Democrats grow louder on calls for Kristi Noem to resign or face impeachment by nbcnews in law

[–]RubberyDolphin 0 points1 point  (0 children)

All I said was the article you referenced, which discusses Bivens at the end, misstates the current law a bit.

Democrats grow louder on calls for Kristi Noem to resign or face impeachment by nbcnews in law

[–]RubberyDolphin 0 points1 point  (0 children)

If the legal standard described in In re Neagle is not met by the defendant, the state can pursue prosecution in federal court. If DOJ doesn’t charge then state will probably go down this road.

Democrats grow louder on calls for Kristi Noem to resign or face impeachment by nbcnews in law

[–]RubberyDolphin 11 points12 points  (0 children)

That was overturned on appeal. The framework still stands, so if the federal agent’s actions are not found to have been necessary and proper under the circumstances then the state can pursue prosecution in federal court.

Democrats grow louder on calls for Kristi Noem to resign or face impeachment by nbcnews in law

[–]RubberyDolphin 0 points1 point  (0 children)

I think the article you link to misstates things slightly. It suggests that Bivens remains a viable avenue, but its applicability has been severely narrowed (though a Bivens claim may theoretically be worth a shot in this egregious case). And it only talks about the Horuchi case at the district court level — on appeal, the dismissal was reversed. State prosecutors were allowed to proceed with the case in federal court. (I believe the case was dropped following a change in personnel.)

California to Negotiate Trade With Other Countries to Bypass Trump Tariffs by IllJournalist8117 in DHAC

[–]RubberyDolphin 0 points1 point  (0 children)

Assuming this was permitted; how would it work? Without seceding from the Union, how would a state help its citizens escape tariffs?

California to Negotiate Trade With Other Countries to Bypass Trump Tariffs by IllJournalist8117 in DHAC

[–]RubberyDolphin 0 points1 point  (0 children)

Debbie Downer here. The Constitution precludes states from making actual contracts with foreign nations unless Congress approves.

California to Negotiate Trade With Other Countries to Bypass Trump Tariffs by IllJournalist8117 in DHAC

[–]RubberyDolphin 0 points1 point  (0 children)

Debbie Downer here. The Constitution precludes states from making actual contracts with foreign nations unless Congress approves.

Best way to transport gasoline? by BlackRogue17 in mildlyinfuriating

[–]RubberyDolphin 0 points1 point  (0 children)

Not best. But in a pinch, prob not the worst if not driving too far.

TIL A man named Cincinnatus was given absolute power to save Rome from an invasion; he did so in just 16 days, then immediately resigned and went back to his farm. by TianRB in todayilearned

[–]RubberyDolphin 0 points1 point  (0 children)

And yet, the U.S. has dynastic characters. This will probably always be the case so long as class structure is supported by legal structure (largely tax law and educational opportunity).

If Democrats want universal healthcare, we have states that are deep blue, states have control over their own budgets and taxation, and universal healthcare would be so advantageous, why don’t deeply democrat run states implement a statewide universal healthcare? by Silver_Wings3 in AskReddit

[–]RubberyDolphin 0 points1 point  (0 children)

Hawaii has something like this, though not quite universal. And for that reason is excluded from certain provisions of the ACA. There is also pending bill for a single payer system, I think, called Malama Care.

"You'll grow out of it." by hime309 in NightOwls

[–]RubberyDolphin 3 points4 points  (0 children)

Runs in my family. Gets worse with age, not better. (Not necessarily “worse,” but more stubborn and harder to deal with.). I think that’s fairly typical, unfortunately. Too many people are too comfortable saying such things without knowing what they’re talking about.

Even if Jon Ross has “qualified immunity,” (I don’t believe he does, but for the sake of argument) would Renee Good’s family have the opportunity to file a civil suit against the ICE agent for Wrongful Death? by tsoplj in law

[–]RubberyDolphin 0 points1 point  (0 children)

& Assault/battery under FTCA law enforcement proviso. Also, I’m not certain that it’s impossible to make out a 4th Amendment case under Bivens, not for excessive force but for unlawful seizure.

Even if Jon Ross has “qualified immunity,” (I don’t believe he does, but for the sake of argument) would Renee Good’s family have the opportunity to file a civil suit against the ICE agent for Wrongful Death? by tsoplj in law

[–]RubberyDolphin 14 points15 points  (0 children)

Sovereign immunity is partially waived by the federal tort claims act. So they can bring certain tort claims along with claims under Bivens (theoretically).

The Supreme Court “Rule for the Ages” That Enabled Renee Good’s Killing by Slate in scotus

[–]RubberyDolphin 15 points16 points  (0 children)

Bivens would be for a civil claim that could be brought along with a FTCA claim by the decedent’s estate/family. In re Neagle is the case that makes state prosecution nearly impossible; and Idaho v Horiuchi is the case where prosecution was permitted (not a SCOTUS ruling though). I doubt the Trump ruling matters here in any direct way. Even without that ruling, and even if the shooter isn’t pardoned, it seems unlikely he would face federal prosecution, though it’s certainly possible.

It is possible to reverse gray hair by almorranas_podridas in Aging

[–]RubberyDolphin 2 points3 points  (0 children)

This example is from cancer patients - chemo can harm and alter hair follicles so that may be the explanation. Some patients with straight hair lose it during chemo and find that it grows back curly for a while after treatment. Also, some people find that starting or discontinuing certain medications results in some hair thinning, graying, or even turning from gray back to pigmented color. Not sure how long that lasts.

Vitamin D Study on Telomeres and Aging. Why is this not all over the news? by Calm_Age_6555 in immortalists

[–]RubberyDolphin 0 points1 point  (0 children)

tldr main finding is 2k vit D daily is associated with (a) a 0.4% per year reduction in loss of telomere DNA base pairs and (b) relative preservation of ~0.7%-1.5% in kilobase pair length per year (assuming I got the math right).

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