iiinova — where your digital self keeps evolving

Vituperative Erb @vituperativeerb.bsky.social · 1h

Like “hey, California isn’t the problem focus the retaliation on bourbon and macrobrew beer” seems like a totally reasonable position for a California politico to take

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Vituperative Erb @vituperativeerb.bsky.social · 1h

I do not think a U.S. senator is obliged to take a maximalist position against the U.S. regarding an international trade dispute in which his state is involved

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Vituperative Erb @vituperativeerb.bsky.social · 1h

I mean sure but I’m not sure even a really fire post from Sen. Schiff was going to fix that

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Vituperative Erb @vituperativeerb.bsky.social · 1h

Obviously better to have a nominal co-pay

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Vituperative Erb @vituperativeerb.bsky.social · 1h

If you get a bill for $1000 and call the place that day and say “I will give you $300 cash money today and we call it even” they’ll probably at least think about it!

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Vituperative Erb @vituperativeerb.bsky.social · 1h

Also not the main thing—and to be clear this is a bug in the system not a feature—but “number the hospital puts on the bill” has only a passing relation to “number anyone would expect you personally to pay out of pocket to clear the debt”

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Vituperative Erb @vituperativeerb.bsky.social · 1h

Which like: I think there should probably be cheaper and there should be less work/uncertainty to figure out who owes what to who But the claim “you are a half-million in debt for having a baby” is just straightforwardly not true

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Vituperative Erb @vituperativeerb.bsky.social · 1h

My great-uncle had two knees replaced and when I asked him about it his response was “my old knees were garbage, these ones are titanium, this is great”

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Vituperative Erb @vituperativeerb.bsky.social · 1h

I will extend grace to a 14-year old who does this!

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Vituperative Erb @vituperativeerb.bsky.social · 1h

It sounds like California would therefore want to convince Canada to start importing California wine again

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Vituperative Erb @vituperativeerb.bsky.social · 1h

I had a brief moment of panic opening the $100k bill but ended up with a $200 copay and an amusing anecdote

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Vituperative Erb @vituperativeerb.bsky.social · 1h

I had a baby in the NICU and they sent me the bill before my insurance figured it out and you hereby have my permission to speak on the matter lol

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Reposted by Vituperative Erb

Sky Marchini @sky.skymarchini.net · 2h

Like there’s no fucking point anymore. Just make up the reality you want to justify the policy you want. Haitians are eating cats in Ohio. People with health insurance pay $500k to have a baby. Solar panels make your dick fall off. Nothing matters it’s all vibes

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Vituperative Erb @vituperativeerb.bsky.social · 1h

The consent evaporates at a certain point of intoxication!

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Vituperative Erb @vituperativeerb.bsky.social · 1h

I had to take an actual WAIS-IV for a medical thing so I actually do know my number, it has changed my life not at all and the assessment was a big pain in the ass!

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Vituperative Erb @vituperativeerb.bsky.social · 1h

Which is bad but also you can’t really make “but this one is really bad” exceptions to the Fifth Amendment

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Vituperative Erb @vituperativeerb.bsky.social · 1h

I actually had to take a WAIS-IV for medical reasons and as a result now find the notion of an online IQ test to be very amusing

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Vituperative Erb @vituperativeerb.bsky.social · 1h

I mean as a social matter that seems right but earlier notional consent doesn’t obviate the legal issues!

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Vituperative Erb @vituperativeerb.bsky.social · 1h

“I lack the ability to to adequately express myself verbally to a person I perceive as having a lower IQ” does not leap out as a sign of a high IQ tbh

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Vituperative Erb @vituperativeerb.bsky.social · 1h

I know a few people who are unusually brilliant and they uniformly lack interest in this stuff

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Vituperative Erb @vituperativeerb.bsky.social · 1h

Among other things it’s a sign you don’t have other things to serve as potential proof of intellectual ability or accomplishments

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Vituperative Erb @vituperativeerb.bsky.social · 2h

I mean I think also this is just a situation where due process often runs aground on the particulars of the crime You probably aren’t going to get many prosecutions—let alone convictions!—where the sole witness was very intoxicated

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Vituperative Erb @vituperativeerb.bsky.social · 2h

Right, like if you and a long-term partner want to take a bunch of K and get weird I’m not going to stop you, but “a very intoxicated stranger” seems like a bad idea!

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Vituperative Erb @vituperativeerb.bsky.social · 2h

Why is that a good way to draw a line?

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Vituperative Erb @vituperativeerb.bsky.social · 2h

Right, like as far as I can tell there isn’t a question that she was unconscious for at least parts of the encounter which makes the thing fairly cut-and-dry

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Vituperative Erb @vituperativeerb.bsky.social · 2h

Again, I’ve constructed the hypothetical such that it would fall under the text of the statute, replace “legally incapacitated” with “unable to give knowing consent” of that helps bsky.app/profile/vitu...

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Vituperative Erb @vituperativeerb.bsky.social · 3h

Right, I’m using “legally incapacitated” as a synonym for “unable to give knowing consent”

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Vituperative Erb @vituperativeerb.bsky.social · 3h

But you have an intuitio here that they “actually” consent in the scenario that I describe, which is legally incorrect but probably socially and morally correct, “voluntary intoxication + planned sexual encounter” feels different!

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Vituperative Erb @vituperativeerb.bsky.social · 3h

Even if one of them called the police later, no prosecutor would bring a charge, and no jury would convict It does very clearly fall under the statute though!

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Vituperative Erb @vituperativeerb.bsky.social · 3h

The answer is “yes that does violate the text of the statute but the scenario essentially cannot result in actual criminal punishment,” which is the tension I’m getting at

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Vituperative Erb @vituperativeerb.bsky.social · 3h

Ok, but you can’t consent if you are legally incapacitated and they each know the other is incapacitated

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Vituperative Erb @vituperativeerb.bsky.social · 3h

“Both drunk” is never a defense!

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Vituperative Erb @vituperativeerb.bsky.social · 3h

Assume that a married couple jointly decide that, because they both enjoy it, they will get extremely drunk and high on hallucinogenic drugs, such that they are legally incapacitated. They then have sex Why wouldn’t this violate the Illinois statute?

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Vituperative Erb @vituperativeerb.bsky.social · 3h

You are doing a thing that in law school would be called “fighting the hypothetical”

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Vituperative Erb @vituperativeerb.bsky.social · 3h

I mean yes if you assume that nobody is intoxicated that changes the legal outcome, though again the point of the example is that there are circumstances where people have sex while legally unable to consent that we probably don’t feel are that problematic, which is why I chose “spouses on vacation”

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Vituperative Erb @vituperativeerb.bsky.social · 4h

Like we obviously both feel that my husband and wife hypo should produce a different legal result than your husband and wife hypo, but if you read idk 720 ILCS 5/11-1.50 it’s not clear that you can get to different results just from the statutory text

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Vituperative Erb @vituperativeerb.bsky.social · 4h

So, again, how do you see this as related to something I’ve said?

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Vituperative Erb @vituperativeerb.bsky.social · 4h

The point of that example is to show that legal concepts don’t vary based on our social intuitions; the wife’s legal ability to consent is the same in both situations As is the husbands, in fact

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Vituperative Erb @vituperativeerb.bsky.social · 4h

Ok, I suspect Schiff would prefer that they drink American wine which is mostly from California, is the thing

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Vituperative Erb @vituperativeerb.bsky.social · 4h

How do you see this as conflicting with anything that I’ve said?

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Vituperative Erb @vituperativeerb.bsky.social · 4h

In what way have I done that?

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Vituperative Erb @vituperativeerb.bsky.social · 4h

People understand that the wine industry is important in California, the date Schiff represents in the Senate, right?

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Vituperative Erb @vituperativeerb.bsky.social · 4h

“Drunk” != “intoxicated” (which is a technical legal term here) so some of this also depends on the specifics

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Vituperative Erb @vituperativeerb.bsky.social · 4h

If you want to get technical, both parties in their theoretical role as defendant probably lose the defense of consent in a hypothetical criminal case

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Vituperative Erb @vituperativeerb.bsky.social · 4h

I think the move towards taking consent seriously/affirmative consent is obviously positive but I do think people sometimes rhetorically elide the fact that there is not infrequently some grey area (to be clear I don’t mean Cornell is in that category)

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