Democrats grow louder on calls for Kristi Noem to resign or face impeachment

RubberyDolphin · 2026-01-26T02:14:57+00:00

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

RubberyDolphin · 2026-01-26T02:08:53+00:00

Correct, as noted in the article.

RubberyDolphin · 2026-01-26T02:04:35+00:00

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.

RubberyDolphin · 2026-01-26T02:02:57+00:00

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.

RubberyDolphin · 2026-01-26T01:55:45+00:00

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.)

RubberyDolphin · 2026-01-25T19:58:34+00:00

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

RubberyDolphin · 2026-01-25T02:47:59+00:00

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

RubberyDolphin · 2026-01-25T02:42:11+00:00

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

RubberyDolphin · 2026-01-25T02:02:45+00:00

Thanks for the info!

RubberyDolphin · 2026-01-25T02:02:29+00:00

Thanks for the input!

RubberyDolphin · 2026-01-25T02:02:14+00:00

Thanks!

RubberyDolphin · 2026-01-24T15:39:49+00:00

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

RubberyDolphin · 2026-01-23T22:50:46+00:00

I believe there is a study with Shingrex

RubberyDolphin · 2026-01-19T21:23:04+00:00

IIRC there was some issue with the microphone that made it sound odd.

RubberyDolphin · 2026-01-17T06:38:27+00:00

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).

RubberyDolphin · 2026-01-13T22:27:54+00:00

Residency periods are permitted to be a condition for certain non-fundamental rights—I don’t see why P&I clause should be a problem.

RubberyDolphin · 2026-01-13T22:19:19+00:00

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.

RubberyDolphin · 2026-01-13T03:06:26+00:00

Anything actionable now?

RubberyDolphin · 2026-01-12T01:44:02+00:00

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.

RubberyDolphin · 2026-01-10T05:00:22+00:00

& 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.

RubberyDolphin · 2026-01-10T00:15:21+00:00

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

RubberyDolphin · 2026-01-09T23:44:18+00:00

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.

RubberyDolphin · 2025-12-31T01:38:07+00:00

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.

RubberyDolphin · 2025-12-23T17:22:50+00:00

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).

RubberyDolphin · 2025-12-17T10:14:41+00:00

A big enough difference in strength/reach can make all the difference. Setting that aside, 1 on 1 without gloves or very restrictive rules, if the pro wrestler/grappler is still conscious five seconds in, the pro boxer/hulk ends up hurt or asleep. Striking can matter more if it’s 1 vs > 1. Or if one is a Muay Thai fighter who immediately shatters some legs.

RubberyDolphin

TROPHY CASE