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Stephen Malloy

@stephenmalloy.bsky.social
237 followers 1.6K following 205 posts
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Reposted by Stephen Malloy
Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
Justice Alito devotes an entire chapter of his new book to the emergency docket—and to responding to people like me (“the most prolific academic critic of the emergency docket”). As I explain over at “One First,” it … didn’t go well: www.stevevladeck.com/p/256-so-une...
In the pre-publication galleys to his new book, So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country, Justice Alito spelled my last name inconsistently. This is, I suspect, the pettiest possible point on which to open in discussing a Supreme Court justice’s new memoir, and I would never have mentioned it except for the fact that inconsistency turns out to be the organizing feature of the chapter in which I (“the most prolific academic critic of the emergency docket”) repeatedly appear.The central inconsistency of Chapter 8, which is devoted to the emergency docket, is structural: Rather than tackle the subject holistically (as one might expect in a book), Alito mashed together the speech he gave five years ago at Notre Dame Law School with a “postscript.” The former was deeply flawed even at the time (among lots of other things, Alito repeatedly insisted that there was “nothing new” about the Court’s behavior on emergency applications during the first Trump administration and COVID); and the latter tries to move the goalposts away from the specific phenomena to which critics like me have actually objected.The result is to leave readers with a disjointed, inaccurate, and misleading sense of what the debate is even about—to say nothing of how the Court’s own behavior since September 2021 (including Alito’s) has only further undermined the already-flawed claims Alito made back then. Somewhere between the galleys of Alito’s book and the final product (which hits bookstores today), someone apparently figured out that my last name should be spelled the same way (and correctly!) throughout. The other, more significant inconsistencies were, apparently, harder to fix.
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David Roberts @volts.wtf · 05/10/2026
Holy shit.
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Stephen Malloy @stephenmalloy.bsky.social · 05/10/2026
"Your heads are ready. Come tonight."
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Ben Collins @bencollins.bsky.social · 04/10/2026
Part of why I don't like the AI-or-bust economy is the constant flopsweat of people on the news who say this HAS to work. Quit making everyone so anxious. Goddamn. If this is the next Google then why are you acting like this? I don't remember being told to buy an iPhone at gunpoint.
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Jeff Sharlet @jeffsharlet.bsky.social · 21/09/2026
Nope. To hell with AI slopaganda, for any cause. Using AI to fight fascism isn't fighting fascism. It's just rolling around in the fascism.
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Ursula K. Le Guin Bot @leguinbot.bsky.social · 03/10/2026
He had grown up in a country run by politicians who sent the pilots to man the bombers to kill the babies to make the world safe for children to grow up in.
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Robert Reich @rbreich.bsky.social · 02/10/2026
CEO-to-worker pay ratio in 1965: 20-1 CEO-to-worker pay ratio in 1990: 75-1 CEO-to-worker pay ratio today: 325-to-1 Trickle-down economics was always a sham. Nothing has ever trickled down.
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Courtney Milan @courtneymilan.com · 03/10/2026
Not to insomnia-weigh-in on the concept of restorative justice, but I thought long and hard ten years ago about what I would say if someone asked what Alex Kozinski could do by way of restorative justice. (Nobody ever asked.)
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Courtney Milan @courtneymilan.com · 03/10/2026
Restorative justice doesn't mean "nothing bad ever happens to you." It means, "in determining what happens from here on out, we center the needs of your victim to repair what happened to them over your own needs."
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Robert Reich @rbreich.bsky.social · 02/10/2026
Americans are relearning the lesson we learned during the Gilded Age of the late 1890s, when robber barons ran the government and the economy for their own benefit: Oligarchy is incompatible with the common good. I'm hopeful we'll respond with a new progressive movement.
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Jared Holt @jaredlholt.bsky.social · 02/10/2026
Michael Tracey published what he said was the ID of the "Jane Doe" in the Cornell case. Then he took it down, claiming he just wanted to make a point and didn't want to see harm to the person he named. What he hasn't admitted is that he mistook info on a sketchy site for official NY court records.
An archived copy of Michael Tracey's original Substack post includes a screenshot from "eCourt Records" and the commentary: "It's [name redacted]. Don't blame me -- the New York Court System just posted it. Seemingly inadvertently. Oh well."Screenshot of Michael Tracey's post on Substack titled "Note on Jane Doe." It reads: "After identifying Jane Doe earlier tonight, I have now removed the information I published. Why? Because the principle has been served: to underscore that permanently anonymizing litigants who make sensational, spectacular, reputation-destroying claims about others — so long as they can self-declare some form of victimization — cannot be countenanced.

It’s destructive, and an egregious abuse of the legal system by huckster plaintiff’s lawyers. This practice has to end. Lawyers who seek to monetize this sleazy tactic should have to think A LOT HARDER about the claims they’re willing to throw out into the public domain, using impressionable clients who may not even know what they’re getting themselves into.

So why have I now removed her information?

Because I don’t believe she’s the main “villain” here. I primarily blame the bottom-feeding, media-manipulating, sleazebag lawyers who’ve made a whole cash-grab industry out of this racket.

Thomas Giuffra in particular has a lot to answer for. He’s the central reason for the current debacle.

Given the intense nationwide and global interest in this case, I don’t want to bring any further negative attention to this woman. I don’t believe she ought to be punished or subjected to any retribution or humiliation. I believe a RATIONAL solution is necessary here. Not more character assassination — of her, the seven young men, or anyone else. Truly, that is my genuine view."
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Bill Corbett @billcorbett.bsky.social · 02/10/2026
The BEST thing that true believers in AI could do is stop evangelizing to people, like me, who think it sucks. Do the hard, years-long work of detaching your beloved technology from the worst people in the world right now: shameless fascists driven by greed and domination. They’re YOUR partners.
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Bill Corbett @billcorbett.bsky.social · 02/10/2026
Also do the honest work of eliminating any trace of plagiarism in your beloved product. How? Not my fucking problem! If you can’t run your business / technology without stealing other people’s work, it deserves to die. Personally I’m happy to see it die, so don’t try to make it my responsibility.
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Luke Knox @lukeknox.me · 01/10/2026
Wemby is something else, man
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Claire Willett @clairewillett.bsky.social · 01/10/2026
I mean yeah, a decade of no one holding Trump accountable for his much more obvious crimes, combined with both Nazi and Confederate rehabilitation projects on the right, was always going to lead to “actually we’ve never done ANYTHING wrong and you guys owe us apologies for every check on our power”
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Alejandra Caraballo @esqueer.net · 01/10/2026
My god, SCOTUS acted within hours to clear the way for this execution and Tennessee completely botched it and tortured her. She's still alive. This barbaric practice needs to end. www.tennessean.com/story/news/c...
tennessean.com
Court stays Christa Pike execution in Tennessee: Updates
Christa Pike was sentenced to death for the 1995 killing of 19-year-old Colleen Slemmer. A court stayed her lethal injection that was scheduled for Sept. 30.
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Chris Geidner @chrisgeidner.bsky.social · 01/10/2026
The Supreme Court’s majority gave no reason for its literal life-and-death decision to wipe out an appeals court order issued earlier today and which was, on its face, intended to be temporary in nature. Sotomayor wrote tonight’s dissent. Order and dissent: www.supremecourt.gov/opinions/25p...
The Court's decision to vacate that stay interferes with the Sixth Circuit's routine administrative handling of a capital case and unnecessarily prevents that court from giving due consideration to Pike's claim. Worse, the Court grants such extraordinary relief solely to allow the State to execute Pike before litigation over her conviction has properly run its course in the lower courts. I see no reason to short-circuit the ordinary process of appellate review, particularly in light of the grave consequences of an erroneous de-cision. Tennessee's desire to expedite Pike's execution by a few days or even weeks cannot outweigh her "fundamentalinterest in [her] own life." Tennessee v. Garner, 471 U. S. 1,
9 (1985).
In capital cases, "[a]ppreciation of our own fallibility, and respect for the judgment of an appellate tribunal," demand caution before "acting irretrievably." Bowersox v. Williams,
517 U. S. 345, 347 (1996) (Ginsburg, J., dissenting). Indeed, this Court often states that it is "'a court of review, not of first view?" McLane Co. v. EEOC, 581 U.S. 72, 85 (2017) (quoting Cutter v. Wilkinson, 544 U.S. 709, 718, n. 7
(2005)). Today, the Court, as it has too often lately, chooses to overlook that principle precisely when it matters most.
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Marisa Kabas @marisakabas.bsky.social · 30/09/2026
LMAO
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Ryan Packer @typewriteralley.bsky.social · 30/09/2026
George Saunders on using AI: "Writing is the most precious way one person can communicate their essence to another person. I’ve spent a lifetime trying to get better at making myself present in my writing. Why would I want to sacrifice even one iota of that?"
Have you spent time trying to write or revise with AI? Is there an experiment that would be interesting enough to try?

I have not. Not for a second. To me, this whole idea of using AI to write is . . . anathema. A thing to be most radically avoided.

Writing is the most precious way one person can communicate their essence to another person. I’ve spent a lifetime trying to get better at making myself present in my writing. Why would I want to sacrifice even one iota of that? Not even in an email and certainly not in a short story or novel.Who are we ceding our authority to, exactly, when we let AI write for us? And why? Why surrender our agency (that amazing ability we have to reach across time and space, with our strange, idiosyncratic phenomenon, and land within the sensibility of another human being) to something that, by its very design, pushes the individual sensibility aside? And in the name of . . . what, exactly? Ease, I guess? Efficiency? The person who chooses to write with AI has also sacrificed, from the start, the opportunity of experiencing difficulty, of struggling to say what he wants to say, of making himself evident in his prose, of trying to find out what he believes. By this, he sacrifices a chance to know himself and his mind better. To me, that’s a shame. And it’s dangerous, because, as we are now finding out, it affects the brain and lessens our capabilities. Thanks, but no thanks, get thee behind me, etc.
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Ryan Packer @typewriteralley.bsky.social · 30/09/2026
This is from a Substack interview: substack.com/inbox/post/2...
substack.com
Model Behavior: George Saunders
“Of course, if AI can cure cancer, bravo. I’m all for it. But even with cancer cured, death will still arrive somehow.”
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Jeff VanderMeer @jeffvandermeer.bsky.social · 30/09/2026
They quoted me in this New Yorker piece about AI today. www.newyorker.com/culture/the-...
“Let’s say there’s a world or time line I exist in where A.I. has been subject to regulation. It is ethical. It has no footprint environmentally,” the novelist Jeff VanderMeer, a prominent critic of A.I., told me over the phone. “With those guardrails in place, would I read an A.I. book? All I can say is no. And the reason is, in part, because I want to read something coming from a particular mind.” Using A.I., he said, “feels like a betrayal of the whole point of why you’re a writer.”
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Coach Finstock @coachfinstock.bsky.social · 29/09/2026
This is a list of all the people who are going to be getting bailed out with your tax money. I guarantee it. Not tough to call this shot.
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McSweeney's @mcsweeneys.net · 29/09/2026
"Can a rapist’s prose elicit remorse for sexual assault? What word count best equates to appropriate jail time? In this class, we will dissect what empathy and accountability might look like so undergrads may successfully mimic them on paper in pursuit of avoiding just punishment." buff.ly/5na4oMY
buff.ly
Announcing Cornell University’s Newest Writing Course: Rape Essays 101
“Can a rapist’s prose effectively elicit remorse for sexual assault? What word count best equates to appropriate jail time? In this class, we will dissect wh...
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Aaron Rupar @atrupar.com · 29/09/2026
Warren: "This has been their argument every time -- they cut taxes and say, 'Ultimately it's really going to pay off for you.' What's happened every time? The academics study it very carefully and say, 'What really happened is the richest people got richer and everybody else got left behind.'"
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nick @unionnick.bsky.social · 27/09/2026
On the *same day* the Cornell Seven drugged and raped Jane Doe, Cornell banned four students (including the President of Cornell JVP) from campus for three years for nonviolent, pro-Palestine protests. The same Cornell officials let the rapists off with apology essays.
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regular meghan 나영지 🇵🇸 @ruemcclammyhand.bsky.social · 27/09/2026
“This is not a dark chapter in Cornell’s history, it’s a morbid pattern” Editorial Board at The Cornell Sun absolutely fucking your shit UP www.cornellsun.com/article/2026...
We refuse for this victim to be reduced to just another story.
Cornell has failed to protect its students. Cornell has failed to address the growing issue of sexual assault on campus with its pathetic task force. Cornell has failed the student allegedly raped by those seven men at Chi Phi in October 2024. Cornell has failed her. Cornell has failed us.

To Matthew Ingalls, Jonathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris and Scott Kretzschmar: We know who you are and we refuse to let you benefit from this University's concealment.
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Anna Gifty @itsafronomics.blacksky.app · 28/09/2026
Let the history books show that STUDENT reporters brought national attention to unchecked abuse. I hope that their cups and opportunities forever overfloweth.This is courage.
abcnews.com
District attorney reopens case of alleged Cornell University 'gang rape'
Prosecutors in central New York say they are reopening the case of alleged gang rape at a Cornell University fraternity.
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Xela Hart @xelahart.bsky.social · 27/09/2026
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Will Bunch @willbunch.bsky.social · 27/09/2026
You wouldn't know it from reading the headlines, but the president's downward mental health spiral is the biggest story in America right now We won't salvage democracy unless the media and pols start speaking the truth about Trump's damaged mind My new column www.inquirer.com/opinion/trum...
inquirer.com
We need to find the words for Trump’s madness before things blow up | Will Bunch
The media and politicians haven’t pinned down anything resembling a suitable description for a president’s downward spiral or the looming battle for U.S. democracy.
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Harold Underdown @hunderdown.bsky.social · 27/09/2026
Gift link: share.inquirer.com/pQJhI2
share.inquirer.com
We need to find the words for Trump’s madness before things blow up | Will Bunch
The media and politicians haven’t pinned down anything resembling a suitable description for a president’s downward spiral or the looming battle for U.S. democracy.
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Kevin M. Kruse @kevinmkruse.bsky.social · 27/09/2026
“Deace figured it out? Deace?! This is a real low point. Yeah, this one hurts. Ow”
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captain bleach @blainecapatch.bsky.social · 12/07/2023
austrian policeman: did you get a look at the people who killed your baby, mrs. hitler? mrs. hitler: yes they were all wearing silver time travel suits and saying something about updog austrian policeman: what's updog mrs. hitler (to camera):
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Dan O’Sullivan @osullyville.bsky.social · 27/09/2026
There's a moment early on that's just footage of Elon Musk balding and in khakis walking down an office hallway in the late 90s and the entire audience burst out laughing. If Musk is made aware of audience reactions like this I think he might actually crash out.
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Dan O’Sullivan @osullyville.bsky.social · 27/09/2026
I should also add that when the movie got to showing people burning Teslas and vandalizing dealerships, the theater of mostly older folks in Santa Monica started applauding. I think it is possible Trump and Musk turned libs over 50 into John Brown.
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Dan O’Sullivan @osullyville.bsky.social · 27/09/2026
I should add that in addition to being much funnier than anticipated--Musk is going to be intensely humiliated by this movie, it's going to attack the deepest wounds he tries so hard to conceal--it is also bone-chilling. I think he gutted USAID with DOGE to kill masses of people in the third world.
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Dan O’Sullivan @osullyville.bsky.social · 27/09/2026
Today I saw the new 4 hour documentary Musk, directed by Alex Gibney. There were too many times to count that a sold out theater burst out laughing at Elon Musk, something he said or did, even sometimes just how he looked. I believe that is his worst nightmare come to life.
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Rien Gray @riengray.bsky.social · 26/09/2026
chatting with my partner and found out they had never read the legendary “endless TGI Friday’s appetizers” article (experience?) so I’m sharing its archived version for anyone else who needs a laugh today www.gawkerarchives.com/my-14-hour-s...
gawkerarchives.com
My 14-Hour Search for the End of TGI Friday's Endless Appetizers
What if I told you that mozzarella sticks never had to end? That for $10, you could eat for free (for $10) for the rest of your natural life? That there exists a spot in the space-time continuum in wh...
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ryan cooper @ryanlcooper.com · 26/09/2026
great piece. man social media is a cancer themomoftheyear.substack.com/p/im-the-mom...
themomoftheyear.substack.com
I’m the Mom in That Viral Giants Clip. Let Me Tell You About My Husband.
You saw me carrying our baby and food. There was more happening in our family that night.
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Ami Fields-Meyer @fieldsmeyer.com · 25/09/2026
We were mid-handshake and he pulled me in and grabbed tighter and got upset and raised his voice and said: "What are you talking about man?! Those aren't real people. They're illegal aliens!"
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Will Bunch @willbunch.bsky.social · 25/09/2026
Kansas
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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.
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Barred and Boujee aka Madiba Dennie @audrelawdamercy.blacksky.app · 24/09/2026
There's what DHS said...and then there's reality ballsandstrikes.org/law-politics...
Screenshot of the first three paragraphs of the linked Balls and Strikes article, reading as follows:

On the morning of Sunday, September 20, police officers in the Chicago suburb of Evanston responded to a 911 call about a confrontation in the street. When the officers arrived, they found a man on the ground who reported injuries to his head, neck, and teeth. Soon, the officers learned that the injured man was a U.S. citizen, and his assailants were federal immigration agents.

The Department of Homeland Security put out a statement on Tuesday claiming that the beaten man “resembled the target” of an immigration enforcement operation, and that he was “not cooperative” with agents’ investigation. “Once the individual finally identified himself,” said DHS, immigration officers “left the scene without further incident.” 

A video of the incident shows that immigration officers pinned the man to the ground while he repeatedly yelled, “I’m a fucking U.S. citizen,” and while concerned witnesses asked why the agents were “fucking him up.” Eventually, the agents drove off without rendering medical aid. People tried to comfort the man, who remained motionless on the ground.
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Richard Kadrey @richardkadrey.bsky.social · 23/09/2026
I know I've posted this quote before, but it applies to almost everyone in the Trump administration. "Your worst sin is that you have destroyed and betrayed yourself for nothing." Fyodor Dostoevsky, Crime and Punishmen
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Coach Finstock @coachfinstock.bsky.social · 23/09/2026
If you're wondering why polls always have the GOP better on security it's because the media won't run "TRUMP SHIPS STEALTH TECH VIA UPS" but they would have stories and follows and entire expert panels discussing this shit for weeks if it was a Dem in office.
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Schrödinger's Sneetch Belly @rtodkelly.bsky.social · 22/09/2026
Please know that this is one of my few legitimate areas of actual, high-level professional expertise: Kicking the healthiest people off of a health insurance program will bankrupt it. Not 'could;' not 'might,' not 'probably," but absolutely will, with mathematical certainty.
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Paul F. Tompkins @pftompkins.bsky.social · 19/09/2026
It’s very simple and it’s been said over and over but I guess it needs saying continuously: if you deem one group too small to have equal rights you are enabling fascism, not fighting it. The people saying Dems are GREAT on trans rights are not paying attention and/or saying stuff like this.
Nichole Hiltz
The Democrats defend the Kennedy Center but not trans people.
A building.

@treewarrior.bsky....
maybe because defending everything about a super small minority of the population is not worth losing to fascists
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G Elliott Morris @gelliottmorris.com · 17/09/2026
When will the people who argued in April 2025 that Democrats should stay silent on immigration own up to being frankly just disastrously wrong about the politics of mass deportations? Their punditry basically bordered on enablement
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Sunny Moraine @dynamicsymmetry.bsky.social · 18/09/2026
I think about this essay all the time
It has also occluded something deeper. The philosopher Mark Wilson has observed that concepts often appear stable while the work they do shifts entirely as they move between domains. He calls this "wandering significance." "Decision" is wandering now. In the military context it means the system's output, a targeting nomination scored and forwarded. In journalism and tech criticism it means much the same, the thing the AI got wrong. In neither of these does it mean what it used to mean, which is a person choosing to do something for which they could be held accountable. People are still making decisions in that sense. Someone decided to compress the kill chain. Someone decided that deliberation was latency. Someone decided to build a system that produces a thousand targeting decisions per hour and call them high-quality. Someone decided to start this war. Several hundred people are sitting on Capitol Hill, refusing to stop it. Calling it an "AI problem" gives those decisions, and those people, a place to hide.
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Matt Novak @paleofuture.bsky.social · 16/09/2026
Schiff voted to confirm Agriculture Secretary Brooke Rollins and one of the first things she did was cut $1 billion for a program that paid local farmers to deliver to food banks and schools.
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