iiinova — where your digital self keeps evolving

Reposted by Indiscreet Function

Daniel Suitor @danielsuitor.com · 02/10/2026

Will is 100% right. Has happened to multiple clients of mine. One judge (not my case) has said that this isn't really release and ordered the person *actually* released. But it's forcing us habeas attorneys to win our cases twice (or more)

On September 9, 2026, Respondents permitted Pablo F. to exit the building where
he was detained, but he was immediately swarmed by four ICE officers and handcuffed as
soon as he stepped outside. (Doc. No. 25-3 at 4:48:45–4:49:26.)3
The officers drove him
to the back of the Whipple building and returned him to a holding cell. (Doc. No. 21 ¶¶ 8–
9; Doc. No. 25 ¶ 5.) During this encounter, officers dislocated Pablo F.’s shoulder. (Doc.
No. 21 ¶ 7.)4
Pablo F. now bringsthis Motion seeking to enforce the Court’s Order granting
the Petition.

Again, Respondents make no attempt whatsoever to support their assertion that
Pablo F. was released. Absent any such argument, the Court cannot agree that a reasonable
person would have felt free to leave when exiting the detention facility and immediately
being stopped by ICE officers. Likewise, absent some argument, the Court necessarily
concludes that Pablo F. was subject to restraints not shared by the public generally when
he took one step outside of the detention facility and was immediately stopped by ICE
officers who forcibly returned him to a detention cell. Because Respondents do not make
any legal argument that Pablo F. was ever meaningfully released from custody, the Court
grants the motion and orders Pablo F.’s release.6
6 To be clear, Pablo F. is not arguing, and the Court is not concluding, that an order of
release in a habeas matter renders unlawful any future arrests. Rather, the Court reaches
the narrow conclusion that because Respondents advance no legal argument in this case to
support their assertion that Pablo F. was released from custody, and because the
uncontested facts show that ICE officers immediately swarmed Pablo F. as soon as he
stepped out of the building, Pablo F. was not released from custody.

22850289

Indiscreet Function @homotopic.bsky.social · 02/10/2026

I have run technically complex drafts through Claude, nothing that could conceivably be in its training data, and gotten back detailed, precise feedback. The quality is variable (though much of it is quite high quality) but it is obviously not parroting anything that already exists

110

Indiscreet Function @homotopic.bsky.social · 02/10/2026

Couple more thoughts on the discourse this engendered: - nothing here should be construed as an argument against court expansion (which I support) - I think a lot of takes overestimate the appetite even a Congress that passes court expansion would have for maximalist confrontation with the Court

211

Indiscreet Function @homotopic.bsky.social · 02/10/2026

I am not against high art/low art distinctions but it's not true that romance novels are invariably low art

100

Indiscreet Function @homotopic.bsky.social · 02/10/2026

I agree with this take but one problem is that it's not clear the Supreme Court would uphold court expansion either (there is an effort on the right to cook up legal arguments for why it's not constitutional)

10343

Indiscreet Function @homotopic.bsky.social · 29/09/2026

Interesting comments from Third Way here

“On this issue, the dynamic has really shifted,” she said. Republicans and the right have grown far more extreme, while advocates for trans people have moved to a “more pragmatic place.”

“The MAGA folks took from the 2024 election that this was a great issue for them, that it was one that united their base and made Democrats uncomfortable,” Erickson said. “And that was all true at that moment, but now they’re going way beyond any concerns the public had.”

She added: “Going after healthcare for adults, kicking people out of the military, taking people’s driver’s licenses away, they can’t pick up their kids at school – these are well beyond the pale for most American voters. We’ve got an HHS secretary right now who believes the only appropriate healthcare for transgender people is conversion therapy. That’s crazy.”

“I think protecting trans people, trans kids in particular,” Erickson added, “has become an important part of the agenda for the entire progressive movement.”

Addressing trans issues directly while refocusing attention to Republicans’ policy failures – including a war with no clear goal, economic distress and rampant corruption – is the tactic widely promoted among strategists advising the Democrats. Translating that into effective responses at the ground level in the heat of a campaign has not always gone well.

“I’ve implored folks to practice talking about it,” Erickson said of the candidates. “You know, practice saying ‘I trust parents in my district to make decisions for their kids more than politicians.’ Practice saying, ‘sure, we need rules but politicians aren’t the right ones to make it.’”

04713

Indiscreet Function @homotopic.bsky.social · 29/09/2026

This discourse is very strange because it's not clear exactly what's being disputed. Everyone has always agreed that LGB (and T) *identity* is socially mediated. That could be true even if orientation is 100% innate, which probably isn't true, but this evidence doesn't tell us one way or another

220

Indiscreet Function @homotopic.bsky.social · 25/09/2026

Not ideal sukkah weather this weekend in NYC

010

Indiscreet Function @homotopic.bsky.social · 24/09/2026

It's not really clear to me how much DOJ is getting from these agreements. I suppose the penalties have some deterrent effect. But the agreements can be cancelled by a new administration and probably don't override the hospitals' state law non-discrimination obligations (as a consent decree would)

100

Reposted by Indiscreet Function

Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 24/09/2026

Incredible. First Secretary Mullin claimed that DHS had identified 15,903 noncitizens on Nevada’s voter roll. Then DHS officials told a skeptical Nevada, no no no, that’s just people we flagged. Here are the names of 185 people we KNOW aren’t citizens. All 185 were citizens. DHS got 100% wrong.

When the Department of Homeland Security sent Nevada a list of 185 names last month that it claimed identified noncitizens who had been improperly allowed to register to vote, state election officials got to work.
On Tuesday, the state sent a strongly worded rebuke to the federal government: Every single person on the list was a lawful citizen.
"As for the 185 individuals, our records indicate that they were citizens," Greg D. Ott, a deputy attorney general in Nevada, wrote, according to a copy of a letter sent to Department of Homeland Security officials obtained through open records requests.
"You have provided nothing of substance to suggest otherwise."

Following the meeting, Ms. Vogt sent a clarifying email to Nevada officials. "I also wanted to be sure I clarified that we did not reduce the 15,903 to 185," she wrote. "We've manually reviewed some of the 15,903 and confirmed 185 are not U.S. Citizens."
Now, Nevada officials are saying even that 185 number is wrong. They also took issue with a letter D.H.S. sent them in early September, in which the agency reiterated its initial claims about nearly 16,000 noncitizens on the rolls and pressured state officials to review each case in a letter to Nevada officials in early September.

21188123852

Indiscreet Function @homotopic.bsky.social · 23/09/2026

One of the basic things some on the left don't understand about the far right is that the only way to return it to the political margins is a cordon sanitaire that (among other things) has consensus buy in from conservative elites. The Left Wins Forever is not on offer

418130

Indiscreet Function @homotopic.bsky.social · 23/09/2026

Next time someone says something mean about furries, just point out that they sound like Tommy Tuberville

020

Indiscreet Function @homotopic.bsky.social · 23/09/2026

I think the relationship of the UK party system to LGBT rights is fundamentally different from the US in a way that makes comparisons of the Democrats to Labour tricky. The parties are much more polarized on LGBT issues in the US.

120

Indiscreet Function @homotopic.bsky.social · 22/09/2026

A lot of people make fun of leftists for making excuses for Mamdani doing "moderate" coded things but for me personally someone with left wing basic values and also a pragmatic good governance orientation is the sweet spot--this is what I wanted, no excuses necessary

031

Reposted by Indiscreet Function

Evan Urquhart @evanurquhart.bsky.social · 18/09/2026

This abused trans child is being used by Fox News as an opportunity to expand abuse of trans children. Like so many abusive parents of trans kids, these parents are exploiting the Republican culture war to further their abuse. www.wbur.org/news/2026/09...

Joseph Kutzko was accused of punching and threatening his then-15-year-old child at the family home on Jan. 28, 2025, records from Westborough District Court show. A Southborough police detective wrote that Kutzko punched the victim in the shoulder and pulled them by their hair. Kutzko later allegedly threatened to kill the victim “for not singing in tune during a birthday celebration,” according to court records.

Kutzko was arrested the next day and pleaded not guilty. In setting bail, the judge referred to three prior restraining orders against Kutzko, one of which is permanent. She did not say whether any are tied to this case.

The child’s mother, Arlene Kutzko, was charged with witness intimidation after allegedly pressuring the child to “tell the school that she was exaggerating and being stupid.”

“Arlene stated that if you solve this tomorrow everything will be okay and we will not get angry,” the detective wrote.

8627144

Indiscreet Function @homotopic.bsky.social · 15/09/2026

One of the things that gets me about these people is that the trans inclusive policies they fearmonger about are already the law in many places and it works fine and it's not a big deal (except for trans people)

2456

Indiscreet Function @homotopic.bsky.social · 15/09/2026

I think it's bad that in some places as a pedestrian you have to be hyperaware all the time because cyclists behave unpredictably and don't follow rules and the response from a lot of people is just to scold you for bringing it up

2162

Indiscreet Function @homotopic.bsky.social · 11/09/2026

I am an abolitionist vegan so this comes very naturally to me

1202

Indiscreet Function @homotopic.bsky.social · 11/09/2026

If the Democrats win a Senate majority, it's going to make politically engaged liberals really happy and the joy of victory will drown out most of the infighting. And results (like restraint on Trump's ability to nominate anti-trans ideologues to the federal bench) count for a lot.

120

Indiscreet Function @homotopic.bsky.social · 11/09/2026

There's a very good Anthony Weiner video (yes I know) where he shows a photo of Ground Zero workers and yells at a Republican to tell him which one is undocumented www.youtube.com/watch?v=n4mh...

youtube.com

Weiner Defends 9/11 Health Bill Against GOP Attacks

YouTube video by AskAnthonyWeiner

18722

Reposted by Indiscreet Function

Stephen Nuñez @socio-steve.bsky.social · 11/09/2026

A period of strong feelings of in-group solidarity and derranged hatred of an ill-defined/understood outgroup. Definitely can and do go together.

4686

Indiscreet Function @homotopic.bsky.social · 10/09/2026

Rare case of a plainly correct Republican members of Congress amicus brief

2142

Indiscreet Function @homotopic.bsky.social · 10/09/2026

This is a good article. One thing it reflects is something I think a lot of the discourse about this misses, which is that the strongest case for doing this is not so much about fairness between different kinds of couples but rather interpersonal fairness between cohabitants

121

Reposted by Indiscreet Function

Chris Geidner @chrisgeidner.bsky.social · 10/09/2026

This is never true; it’s ultimately just a homophobic joke. (And it’s tired and worn out even if it is a joke.) Stop making it.

BREAKING:
There is a Grindr outage in Dallas at the Republican midterm convention

Image:

Grindr
Dot spray around Dallas with an arrow pointing to it.

My note on it: STOP IT

status.grindr.com
Past Incidents
Sep 9, 2026
No incidents reported today.

211265232

Indiscreet Function @homotopic.bsky.social · 10/09/2026

My basic posture is that I don't get angry at Dems in tough races taking bad positions for electoral reasons. But the room you have is proportional to the toughness of the race. Seth Moulton is not the same as James Talarico or Josh Turek

120

Indiscreet Function @homotopic.bsky.social · 09/09/2026

Mamdani is a mayor with limited control over fiscal capacity who inherited a large budget deficit. This was understood before he became mayor. I see no reason to doubt that he is a sincere leftist and democratic socialist but it's just not especially relevant to most of the policy options he has

1323

Indiscreet Function @homotopic.bsky.social · 09/09/2026

The equality orgs are pretty clearly making the right call here imo: - chamber control matters 10000x more than meaningless defections on votes certain to pass - the gap between Dems and Rs remains very large on this even in places like Ohio

200

Reposted by Indiscreet Function

Yair Wallach @yairwallach.bsky.social · 09/09/2026

Denying Hamas atrocities in Nir Oz is no different than denying IDF atrocities in Rafah. And anyone spreading this stuff cannot be trusted.

111115

Reposted by Indiscreet Function

Yair Wallach @yairwallach.bsky.social · 09/09/2026

Every time there is a revelation on the failures of Netanyahu/IDF/Israeli intelligence, immediately the Oct 7 atrocity deniers come out to peddle the merchandise. The massacres were documented by Hamas fighters themselves. The kidnapping of babies and elderly was livestreamed. Get lost.

715232

Indiscreet Function @homotopic.bsky.social · 09/09/2026

The Supreme Court's approach of gutting without actually overruling Employment Division v. Smith is the worst of both worlds: - as a practical matter, religious claimants can get past Smith with a sympathetic court - the Court feels no obligation to figure out what a post-Smith rule should look like

110

Indiscreet Function @homotopic.bsky.social · 09/09/2026

In my opinion the biggest problem with this is that it pushes norms around deferring to an affected community well past their breaking point

100

Indiscreet Function @homotopic.bsky.social · 09/09/2026

"Refused to stop the Missouri Supreme Court from blocking" does not mean the same thing as "blocked"

011

Indiscreet Function @homotopic.bsky.social · 09/09/2026

The problem here is not that there is any good argument that court expansion is unconstitutional, but rather that conservative lawyers and law profs will give the Court's Republicans sufficient cover to protect their power by striking it down

001

Indiscreet Function @homotopic.bsky.social · 04/09/2026

Have others noticed that when you Google a statute cite, the Cornell Legal Information Institute site seems to be getting downranked relative to (usually less useful) government sites?

100

Indiscreet Function @homotopic.bsky.social · 03/09/2026

Third Way is not trying to generate optimal messaging for Democratic primaries in Massachusetts

100

Indiscreet Function @homotopic.bsky.social · 01/09/2026

This headline is pretty misleading. A settlement with the EEOC doesn't block private lawsuits, which are the vast majority of Title VII lawsuits anyway. Also does nothing for claims under state or local law

010

Reposted by Indiscreet Function

Alex @purplechrain.bsky.social · 31/08/2026

The shooter reportedly had a list of multiple LGBT-associated businesses. No media coverage that I’ve been able to find other than local Tucson reporting.

23113

Indiscreet Function @homotopic.bsky.social · 31/08/2026

If the president is trying to unlawfully destroy a valuable public building, I don't think whether someone has a concrete and particularized interest is the right question

1102

Indiscreet Function @homotopic.bsky.social · 31/08/2026

The Mirabelli plaintiffs (whose view of the law the Supreme Court at least partially adopted last March) are arguing before the Ninth Circuit that parents have a right to be affirmatively told of social transition at school, including a child's appearance and clothing choices

101

Reposted by Indiscreet Function

Alejandra Caraballo @esqueer.net · 28/08/2026

I don't think anyone should be held in immigration detention, even Milo. What's happening here is someone who had no problem doing this to millions of innocent people is now having it done to him. I don't think he'll learn a damn thing from this either.

443427

Indiscreet Function @homotopic.bsky.social · 25/08/2026

This is a banal cold take but part of the problem with talking about causes of antisemitism is that "cause" is a tricky and ambiguous notion and something that's obviously true on one meaning can be morally offensive on another

110

Indiscreet Function @homotopic.bsky.social · 21/08/2026

The Donald J. Trump Federal Anti-SLAPP Act of 2029

010

Indiscreet Function @homotopic.bsky.social · 21/08/2026

Uthmeier joined the red states' brief in favor of a Catholic preschool having a constitutional right not to be excluded from a subsidy program for discriminating against same-sex couples, but I guess life-saving vaccines are different www.scotusblog.com/cases/st-mar...

scotusblog.com

St. Mary Catholic Parish v. Roy (25-581)

Supreme Court case (25-581) — tracked on SCOTUSblog.

020

Indiscreet Function @homotopic.bsky.social · 19/08/2026

Liberal religious neutrality is as much about avoiding social strife as anything else and teaching the Bible in a public school classroom seems like it either induces social strife or it marginalizes religious minorities, perhaps both

130