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Joined 3 years ago
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Cake day: June 18th, 2023

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  • The credit card companies have always tried to prevent merchants from doing this by inserting language prohibiting either credit card surcharges or cash discounts into the contract agreements with the merchants. Obviously, credit card companies want to make it easy and convenient for consumers to use their credit cards.

    I can’t immediately find it, but at some point I think 10-15 years ago, some merchants sued the credit card companies over this, and they won a court ruling that said that the clauses forbidding cash discounts and surcharging are unenforceable. As a result, merchants are now free to do it, but there are various rules. And some state legislatures have started to get involved with regulating things.




  • For reference, Oklahoma has quite a history with alcohol prohibition. The state retained full prohibition until 1959, some 20 years after the 21st amendment and repeal of the Volstead Act.

    Liquor by the drink, aka bars, were not legalized until 1984. Before then you had to pay a membership fee to join a “private club” where you could then have a bartender pour you shots out of “your” personal bottle that was kept behind the bar.

    Oklahoma had 3.2 beer until 2018 when it was repealed by state referendum.




  • Rumor I heard is that the military is planning to start testing some counter drone system, and in discussions with FAA, they couldn’t promise that civilian flights would be safe, so FAA pulled out the big gun.

    It sounds like this counter drone system would only be for use on drones that cross the river into us airspace, but I’m not sure of that.

    For reference, the US has operated an Air Defense Identification Zone for a long time, that covers Mexican airspace near the border. The air force tries to identify, track, and sometimes intercept all air traffic in the ADIZ. Civilian air traffic is supposed to be on a filed flight plan, in communication with ATC, and have an assigned four digit transponder code. Failure to do so may result in interception by scrambled aircraft.

    I would imagine that “cartel drones” in or around Juarez would not be doing the above. But there may also be too many of them to economically intercept with F15s.









  • She could say what exactly the feds are doing wrong, for example, with federal officers’ names and dates and details. Create the record.

    My guess is that the ICE and DHS people who are breaking the law have figured out not to tell the attorneys this stuff, for precisely this reason. The attorneys have a duty of candor to the court, but ICE does not.

    She could refuse to file motions supporting the feds.

    She may already be doing this, at least with respect to 100% dilatory motions. I haven’t kept up with her case work.

    Then the people would win those uncontested cases.

    In this case, and in many others like it in MN, the petitioners already won their case. They’ve been ordered to be released, but they aren’t getting released in a timely manner.

    When a judge issues a release order, it is the responsibility of the federal attorney to communicate the contents of that order into the federal bureaucracy, to ensure it is carried out. That process has turned into an all-consuming job, because that’s how ICE wants it.

    I agree in general, though, that the only ethical or moral move here is to resign.


  • The long term problem is that lawyers are often not stupid, and they can see that working for this DOJ will have deleterious effects on their future careers when this stuff is over. I’ve heard that the Minneapolis office is down to 9 attorneys, and should be staffed for 50.

    But the immediate problem here dates back to Rumsfeld v. Padilla*. In that case, the supreme court decided that habeas petitions must be filed in the district of actual, physical confinement. This created a race condition, where ICE is trying to get these people out of Minnesota as fast as possible, and these people’s lawyers are trying to file the lawsuits in Minnesota before their clients physically leave the state. ICE would prefer for these petitions to be filed in Texas, because the Texas district courts are a lot more favorable to them. The Minnesota lawyers don’t want to have to file in Texas, both because it’s a disadvantage to them, and because they aren’t admitted to practice in Texas, and it’s a big hassle to work around that.

    Combine that with Trump v. CASA, and no one wants to try a habeas class action. So you have a crap ton of individualized habeas petitions, all over the same issue, which is ICE’s incorrect interpretation of federal immigration law. And in many, many of these cases, they properly got filed in Minnesota, but the prisoners got shipped to Texas anyway. The Minnesota judges are figuring out that all these cases are the same, and they’re making the decisions real fast now, and ICE is not keeping up, by design. It’s a total logistical cluster.

    *Yes, it’s that Donald Rumsfeld, and that Jose Padilla, the dirty bomb guy.



  • Boasberg’s allegedly inappropriate remarks were delivered in a private breakfast with other judges prior to judicial conference. The point is that it was the kind of judicial conference that’s supposed to remain private. So much so, that the DOJ refused to provide the court with their copy of Boasberg’s actual words, because then they would have to explain how they got hold of them (probably illegally).

    So that gave the court an easy reason to dismiss the complaint.