Gabriel Malor
@gabrielmalor.bsky.social
Oklahoman in Virginia. Appellate attorney. I talk about federal court decisions. A lot. Sometimes the most you can do is the best you can do. gabriel.malor@gmail.com
created July 24, 2023
17,671 followers 186 following 8,413 posts
view profile on Bluesky Posts
Raywat Deonandan (@deonandan.bsky.social) reposted
I love looking at this graph, showing it to my students, and sharing it on social media, even though it unerringly brings out the trolls. This is the efficacy curve of Pfizer's mRNA COVID vaccine. This, people, is what ended the emergency phase of the COVID pandemic. Despite what RFK Jr says.
Stephen Gutowski (@stephengutowski.bsky.social) reposted
Nobody who knows Benny is surprised to hear this.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Alas, this good boy is not so good to other dogs. He has attacked two of our friends' dogs without warning and pretty badly. Our plan is to wait until he passes in a few years, and then we'll get sibling pups with his people and bring them up together.
Gabriel Malor (@gabrielmalor.bsky.social)
I had to give him back to his person. đ
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
I thought it was the most charming thing ever when I found out my nephew walks to and from school.
Matt Pearce (@mattdpearce.com) reposted
hello my name is Doctor Statistics, I have a mathematical proposal for winning elections and it involves subtracting part of my coalition
Scott Lincicome (@scottlincicome.bsky.social) reposted
We'd go all the way back to the US tariff policy of... 2024. LOL. share.google/Wl2y9fzDRdkA...
Cristian Farias (@cristianfarias.com) reposted
To be clear, the âofficialâ here is a paralegal. The attorney general of the United States fired a paralegal. She also concedes that disrespecting the National Guard is disrespecting âlaw enforcement,â which ⌠the military cannot do under federal law. Happy Labor Day, Pam Bondi!
Gabriel Malor (@gabrielmalor.bsky.social)
No.
Gabriel Malor (@gabrielmalor.bsky.social)
Reminder: the apparent plan was to spirit these children away in the middle of the night without them ever seeing the inside of a courtroom to challenge their deportation. Children.
Anna Bower (@annabower.bsky.social) reposted
This is what happens when you obliterate the presumption of regularity. Endless homework assignments because the court can't trust the government to follow orders in good faith.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
The judge asked him during the hearing to file a status report when the children have been deplaned and returned to ORR custody, but didn't set a time on that. And it sounds like they're not all back in ORR custody yet.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Nice.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
DOJ has filed its tardy status report in L.G.M.L. Says all the children have been deplaned and "are in the process of being returned to ORR custody." THEY CLAIM NOT TO HAVE BEEN AWARE OF THE COURT'S ORDER FOR A STATUS REPORT BY 4pm. storage.courtlistener.com/recap/gov.us...
Brad Heath (@bradheath.bsky.social) reposted
A couple people in D.C. spent the night in custody Friday after writing messages in chalk on a flagpole outside Union Station. The National Guard apparently witnesses the vandalism in progress. (Which is maybe not surprising as one of the people was in a banana costume.)
Helen Kennedy (@helenkennedy.bsky.social) reposted
The police version of the crash, as relayed by a local Manchester reporter, is unsurprisingly quite different from what Giuliani's spokesman says. The whole thing is even more murky now, however. manchester.inklink.news/rudy-giulian...
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
I feel like the later could simply be explained (see linked skeet). So I fear the former. And maybe even worse: what if they sent them *after* the judge's TRO? bsky.app/profile/gabr...
Gabriel Malor (@gabrielmalor.bsky.social)
We are really lucky that CourtListener exists. I think it would be basically impossible to cover this insane administration without it. Certainly much harder.
Gabriel Malor (@gabrielmalor.bsky.social)
It's true; I'm pretty great.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
The 6:30p deadline is for plaintiffs. Defendants' status report obligation is ongoing.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Ehhh, I sorta wonder if ORR lacked the capacity to take them back and they're scrambling to find people over the holiday weekend. That's just speculation, though, and it's easily explicable to the judge, so doesn't explain the lack of a status update.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
New deadline is for plaintiffs. Defendants' deadline is late/ongoing.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
The only reason you don't file the status report is if you want to avoid outright lying to the judge and your client agency is fucking up badly.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
I have only speculation what's going on. But whether they got the kids off the planes or not, they absolutely needed to file a status report with the judge explaining what was happening.
Gabriel Malor (@gabrielmalor.bsky.social)
Oh boy. www.courtlistener.com/docket/71240...
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
I told him to use his words, but his vow of silence remains unbroken.
Gabriel Malor (@gabrielmalor.bsky.social)
Just came into my office to ask for. . . something. He's had a recent walk and potty break. Maybe he wants me to change the channel on the TV in the living room.
Fat Tea (@fat-teabskysocial.bsky.social) reposted reply parent
Gabriel Malor (@gabrielmalor.bsky.social)
My "I was definitely not picking up a hooker" t-shirt has a lot of people asking questions already answered by my t-shirt.
Quinta Jurecic (@qjurecic.bsky.social) reposted
Woulda been nice if we had some contempt proceedings underway by now
Gabriel Malor (@gabrielmalor.bsky.social)
This is an extraordinary thread. Click here, but scroll back to the top. Extraordinary.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Guadalajara is the capital of the state of Jalisco. Tapatio (or tapatia) is what they call someone from Guadalajara. Just avoid anything that seems remotely Tex-Mex, and you're probably eating a recipe that came up through Jalisco.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
To be clear, all Mexican food is good. I just happen to like everything from Jalisco.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Guadalajaran. Yes, it's real, and it's also the best variation of Mexican food.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
(1) Both good. (2) Doritos.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
We joke about how codependent this bozo is (I never use his harness because there's no chance he's ever going to wander too far from me), but his person is also pretty dependent. I have to send proof of life pics twice a day.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
He's old, but he still likes to run around. We had a delightful walk this evening.
Gabriel Malor (@gabrielmalor.bsky.social)
The evening scents, they are a-scenting.
Cristian Farias (@cristianfarias.com) reposted
Hereâs @ahilantoolong.bsky.social on this ruling: âThere are now two comprehensive decisions carefully explaining why the Venezuelan vacatur is illegal but neither has any effect because of the two paragraph unreasoned U.S. Supreme Court order. This is not how a rational legal system should work.â
jael holzman (@jael.bsky.social) reposted
âThe claim that trans people are disproportionately responsible for mass violence in America comes up every few months. It has never been true.â USA Today fact check from their extremism beat reporter www.usatoday.com/story/news/n...
Gabriel Malor (@gabrielmalor.bsky.social)
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Will Saletan (@saletan.bsky.social) reposted
"She did not die defending the Constitution. She died trying to overturn it." She attacked our Capitol "to stop the peaceful transfer of power, one of the most sacred traditions of our Republic." @markhertling.bsky.social, soldier and patriot, on the abomination of military honors for Ashli Babbitt
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Soon
Gabriel Malor (@gabrielmalor.bsky.social)
Sometimes the youths use words I don't understand. And in words I know in combinations I don't understand.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
This is the ideal outcome. My brief was so good they didn't even need argument.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
No, no, my friend. I make a pineapple pie that came from a baker in Oklahoma who refused to tell me how she made it twenty five years ago, and who I had to pay her son to give me the recipe after she died. How's that for wholesome?
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
It's my Ma-in-Law's fried chicken recipe, and I'm not at liberty to share, but I am a fan of surprising people at Friendsgiving.
Gabriel Malor (@gabrielmalor.bsky.social)
OH, right. Wholesome content. This is what I'm about --> (ahem)
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
I'll live.
Gabriel Malor (@gabrielmalor.bsky.social)
Y'know, we wouldn't be having this shared moment of complete insanity if that kid hadn't missed before, and there's something really special about that.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Fellow Gab, we're not that lucky.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
I figure.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Same.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
shoot to kill! shoot to kill!
Chris Geidner (@chrisgeidner.bsky.social) reposted reply parent
NOTE: The âadministrative stayâ issued in April will also remain in effect during that time, so this doesnât change anything before Boasberg for now. Thatâs why I called this inside, inside baseball elsewhere. In short: More negotiation going on at the DC Cir. Katsas played ball; Rao did not.
Chris Geidner (@chrisgeidner.bsky.social) reposted
This is inside, inside baseball stuff â but it is notable. It really fits with what I said about Raoâs initial opinion here â and what Iâve been saying and have even written about Katsas.
Costa Samaras (@costasamaras.com) reposted
Every time your electricity bill goes up for the next 10 years, it can be traced back to this Administrationâs actions. They are making solar and wind power illegal to build in the United States. They are artificially restricting supply while demand is going up.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
đđđ
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
west coast best coast!
Patrick De Klotz (@patdeklotz.bsky.social) reposted
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Honestly, I wouldn't be that worried about it if we had an eye wash station in my kitchen!
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
I'm a wuss, and I use disposable gloves when chopping and deseeding jalapenos and other high heat peppers to avoid this thing that I have also done before.
Gabriel Malor (@gabrielmalor.bsky.social)
This old boy has already tried to put me to bed twice.
Gabriel Malor (@gabrielmalor.bsky.social)
Plot twist. Fed. judge just enjoined expedited removals for people apprehended in the interior and folks with pending asylum applications. And she didn't stay (that is, delay the effectiveness of) the order. ecf.dcd.uscourts.gov/cgi-bin/show...
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Gesundheit.
Gabriel Malor (@gabrielmalor.bsky.social)
For the people I like, and only the people I like: GBBO comes back a week from today.
Gabriel Malor (@gabrielmalor.bsky.social)
5th Cir., 2-1, holds that Texas' ban on compensating people who assist voters with mail-in ballots is not preempted by the Voting Rights Act. Held: federal law does not really mean what it says. www.ca5.uscourts.gov/opinions/pub...
Gabriel Malor (@gabrielmalor.bsky.social)
UPDATE: 5th Cir. will rehear this one en banc. Order --> www.ca5.uscourts.gov/opinions/pub...
Radley Balko (@radleybalko.bsky.social) reposted
Court rules bank heist illegal, but allows robbers to keep cash for now.
Justin Baragona (@justinbaragona.bsky.social) reposted
lol, this appellate judge just smacking Alan Dershowitz around like a little cat toy. www.documentcloud.org/documents/26...
Josh Gerstein (@joshgerstein.bsky.social) reposted
JUST IN: 11th Circuit upholds dismissal of Alan Dershowitz's libel suit against CNN over his remarks during 1st Trump impeachment about scope of presidents' immunity for official acts. 3-0. Grant (Trump), Lagoa (Trump), Wilson (Clinton). Doc: www.documentcloud.org/documents/26...
Gabriel Malor (@gabrielmalor.bsky.social)
Written order to come within 30 days (he issued it now bc the law is supposed to go into effect Monday. Rough holding is that it likely violates the 1A to compel companies issue disclosures related to DEI and ESG they don't think are true. Trump-appointed Judge Alan Albright.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Came out of the office and found this couch floof where he wasn't supposed to be (the DH's spot without his floof blanket).
Gabriel Malor (@gabrielmalor.bsky.social)
There is a constitutional mechanism for the removal of federal officers, and it does not require waiting for President Rapist to do the right thing, Senator.
Gabriel Malor (@gabrielmalor.bsky.social)
I guess the question we're all wondering over here in America is why in the world you would ever put keys on the roof of a car. (1) You're going to scratch the paint. (2) The whole point of keyless unlock and keyless ignition is the keys stay in your pocket or purse.
Daniel Carlson (@danielwcarlson.bsky.social) reposted
We built a calculator that doesn't work, but don't worry, it's also a plagiarism machine that will tell you to kill yourself. It runs on the world's oceans and costs 10 trillion dollars.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Little stingray plushie. Great for tossing frisbee style with him.
Ryan J. Reilly âpaints a vivid and urgent portrait of⌠disarrayâ (@ryanjreilly.com) reposted
Art depicting âSandwich Guyâ now at the scene of the alleged misdemeanor.
Chris Geidner (@chrisgeidner.bsky.social) reposted
BREAKING: A unanimous Ninth Circuit three-judge panel upholds a lower court's order that blocked Sec. Noem's effort to cancel TPS status for Venezuelans. (B/c of a prior SCOTUS order staying most of the district court order pending appeals, though, this basically just sets up a SCOTUS appeal.)
Brad Heath (@bradheath.bsky.social) reposted
A federal grand jury has declined to indict another person arrested as part of President Trump's D.C. crime surge. This was the only case we know of in which the National Guard participated in an arrest. After the grand jury declined to return an indictment, DOJ moved to dismiss the case.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
This golden is like a teenager. So emotional! See how his head is oriented so he can keep an eye on the front door? All will be forgotten by the time we do our afternoon ramble.
Gabriel Malor (@gabrielmalor.bsky.social)
Look who's back with Uncle Gabe for a long weekend! (He's currently sulking bc his person has been gone for a week, and he came here instead of home like he expected. Womp womp.)
Gabriel Malor (@gabrielmalor.bsky.social)
Good. This is the correct response. www.hollywoodreporter.com/tv/tv-news/b...
Greg Jaffe (@gregjaffe.bsky.social) reposted
The Pentagon is restoring a portrait of Gen. Robert E. Lee, which includes a slave guiding the Confederate generalâs horse in the background, to the West Point library three years after a congressionally mandated commission ordered it removed, officials said. www.nytimes.com/2025/08/28/u...
Lawrence Hurley (@lawrencehurley.bsky.social) reposted
ACLU seeks rehearing en banc in the DC Circuit seeking to revive Judge Boasberg contempt proceeding against Trump officials in deportations case:
Justin Wolfers (@justinwolfers.bsky.social) reposted
They're now saying it out loud: The Administration's goal is to undo the political independence that Congress granted the Fed, so that the President can directly set rates.
Rick MacDonald MD (@kidsdoc1.bsky.social) reposted
Vaccines are scrupulously and rigorously researched, trialed, tested and continuously monitored. I get a little tired repeating this but itâs important. They are not the villain but the potentially fatal diseases they prevent are. I and my colleagues have seen them all.
Gabriel Malor (@gabrielmalor.bsky.social)
Lawgeeks, if you're ever wondering if it's just you, there's a tool to see if PACER CM/ECF is working in all the circuits and district courts. Link --> pacer.status.free.law
emptywheel (@emptywheel.bsky.social) reposted
They charged Sean Dunn--the sandwich hero--w/a misdemeanor after getting no-billed by a grand jury for a felony assault charge. The Chief of the Criminal section at DC USAO is prosecuting submarine warfare. storage.courtlistener.com/recap/gov.us...
Gabriel Malor (@gabrielmalor.bsky.social)
Panel will be Chief Judge Srinivasan, Circuit Judge Pillard, and Senior Circuit Judge Randolph. Obama, Obama, Bush 41.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
The judge specifically chastised them for posing the case as a speech case when he denied their motion for a preliminary injunction, but they just went ahead with it anyway. Didn't even try to change their theory of the case.
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
Of course, it may be the vehicle SCOTUS uses to vacate Bivens altogether, but in the meantime let us gawk and admire this rare creature.
Gabriel Malor (@gabrielmalor.bsky.social)
9th Cir. revives a Bivens case! Holds that an inmate's Eighth Amendment deliberate indifference to serious medical needs case is materially identical to a 1980 SCOTUS case allowing a Bivens claim to proceed. Man bites dog! cdn.ca9.uscourts.gov/datastore/op...
Mark Joseph Stern (@mjsdc.bsky.social) reposted
đ¨ICE agents are racially profiling and arresting Hispanic drivers in the DC area today, targeting work vehicles like trucks and vans. A friend who was targeted sent me video today. Hereâs a picture that shows one of two agents before he pulled on his mask. Unmarked black Ford truck, plate: NTV9211.
Gabriel Malor (@gabrielmalor.bsky.social)
The LLM First Amendment discourse has me thinking about the Mjolnir discussion at the end of Age of Ultron. Steve Rogers: But if you put the hammer in an elevator . . . Tony Stark: It'll still go up. Steve Rogers: Elevator's not worthy. youtu.be/qOgzUR_64yM...
Leah Litman (@leahlitman.bsky.social) reposted
The suit argues: (1) Trump didn't have cause for firing Cook (as required by the Federal Reserve Act); (2) Cook didn't get notice & a hearing (as required by the Federal Reserve Act); & (3) Cook didn't get notice & a hearing (as required by the Due Process Clause).
Gabriel Malor (@gabrielmalor.bsky.social) reply parent
This one comes to mind. www.cbsnews.com/news/michell...
David A. Graham (@dgraham.bsky.social) reposted
Absolutely bonkers personalist regime stuff www.theatlantic.com/politics/arc...
Don Moynihan (@donmoyn.bsky.social) reposted reply parent
Full resignation letter from Demetre C. Daskalakis, a CDC leader, does not hold back. "The recent shooting at CDC is not why I am resigning. My grandfather, who I am named after, stood up to fascist forces in Greece and lost his life doing so. I am resigning to make him and his legacy proud."