Russell Steinthal

@steintr
167 Followers
94 Following
54 Posts

Antitrust lawyer, tech enthusiast, hobbyist programmer.

I started on FidoNet and moved to Usenet before the Eternal September. My username was auto-generated by my first ISP, and I've been using it ever since. How hard can it be to grasp a new federated social network? We shall see...

(@steintr on Twitter, not that I had many followers there.)

Russell SteinthalJan 5, 2023
JB EmmonsJan 5, 2023

Matt Gaetz just cast a vote for Donald Trump as Speaker of the House. But can a non-member even serve as Speaker?

The question isn't explicitly answered in the #Constitution. But according to former House counsel Stan Brand, speaking yesterday with Kyle Cheney at @politico , the answer is no.

Short version: historical precedent, line of succession, and legislative powers inherent to the position all suggest the role is intended for an elected House member. #uspol

https://nitter.pussthecat.org/kyledcheney/status/1610790983113003014#m

Kyle Cheney (@kyledcheney)

WHILE WE WAIT: A very smart lawyer has suggested to me that the notion, (popularized by @bresreports), that a nonmember can become speaker is actually false, even though the Constitution is silent on it.

Nitter
Show threadRussell SteinthalJan 4, 2023
@ssalop In a world where those candidates would have to win primaries in their existing (polarized) parties to win reelection, probably pretty low? One party would have to join in a large enough number to get herd protection for its members, which would make it less acceptable to the other. At least that's my two-cent amateur analysis.
Russell SteinthalJan 3, 2023
Scott ShapiroJan 3, 2023
Tesla share price has a better chance of getting over 218 today than Kevin McCarthy does.
Russell SteinthalJan 3, 2023

If the House can't elect a Speaker today and thus the Representatives-Elect don't take the oath of office, do they get docked a day's pay?

#USPol #GOP

Russell SteinthalDec 16, 2022
Show threadBill DayDec 16, 2022
@jentaub On what is (probably) a final note, while my understanding is that Mastodon was founded in part by and for people who are #queer and #lgbtq, they and the culture they established are or are in danger of being sidelined. Perhaps we have to think about both preservation and reformation as Mastodon continues to grow, I hope.
Russell SteinthalDec 16, 2022
Peter OrlowiczDec 15, 2022
Okay, my Post account is activated, but I'm concerned that there's a tipping feature that I don't see a way to turn off (the Points are redeemable for cash). I'm not sure it's ethically okay for me to be on a platform where I can't decline cash equivalent gifts.
Show threadRussell SteinthalDec 16, 2022

@mmasnick

Well, at least you know it's nothing personal. :)

Show threadRussell SteinthalDec 16, 2022

@RMFifthcircuit

cc: @LeahLitman - if you're using your Mastodon account, any thoughts on this thread about the latest 5th Cir. #habeas decision?

Show threadRussell SteinthalDec 16, 2022

@RMFifthcircuit

And the holding seems truly bonkers. If I'm reading it correctly, a state could pass a law prohibiting "criticizing the governor," convict and imprison someone for violating it, and even though the law would obv. be unconsitutional under clearly established S. Ct. precedent, the petitioner couldn't get habeas b/c he was "factually guilty."

I suppose one answer is that in that egregious a case, the conviction would presumably be reversed on direct appeal, but still... /x

Show threadRussell SteinthalDec 16, 2022

@RMFifthcircuit

I think it's an alternative holding? See, e.g., the final paragraph of the opinion ("Crawford unquestionably raped a 17-year-old girl. AEDPA and “law and justice” both require denying his request for federal habeas relief.")

Of course, there's little chance of cert because of the AEDPA vehicle problems, so it will presumably be circuit law until a better case arises. /1