Meta Legal Twitter

Some amazing passages in the Fifth Circuit opinion. For example, this one. Well, yeah---that's generally how constitutional litigation works. pic.twitter.com/AvX8sMMdBd

— Alan Rozenshtein (@ARozenshtein) September 17, 2022

Reading about this 5th Circuit opinion upholding an idiotic (and unconstitutional) Texas law that bars internet platforms from deciding who is allowed on their private platform (remember all those long single spaced words you had to "AGREE" to, to even download an upgrade to your existing computer/phone/watch/what-have-you? Or to get registered on Twitter or FaceyBook or Blogger? Yeah, 5th Circuit just waived that all away. Nobody understands how.) Anyway, reading about it in this tweet makes the court's opinion sound like a Bad Legal Tweet or something I'd find in comments to tweets by real lawyers who know what they're talking about.*

It's all way too meta for me (yes, I know what "Meta" is now.  I'm being intentionally anachronistic.)

The Fifth Circuit says you have to go to Applebee’s with me, Jennifer. You don’t have a right NOT to associate. That’s turning the right of association on its head. Its HEAD Jennifer.

— WontonKillingHat (@Popehat) September 17, 2022

That makes more sense than the 5th Circuit opinion, especially since the Supreme HAVE ALREADY RULED ON THIS POINT IN THIS CASE! And no, unlike Dobbs and Hobby Lobby and too damned many other cases, the Supremes didn't turn 1st Amendment law inside out to pre-emptively declare the decision of the 5th Circuit to be BULLSHIT!

I'll retire to Bedlam...

*ALL Constitutional interpretation is established by precedent (the doctrine of stare decisis) and the ruling body on that interpretation is the Supreme Court.  That's how the system works, which is why Roe is no longer the law of the land even though very few people outside Scalia and Thomas are happy about it.  This 5th Circuit opinion is the definition of insanity.  And unconstitutional.  And anti-judicial.  And so on.