Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I really really like this!
AuDHD Gen X’er with a passion for justice and a well-grinded axe. Relentlessly dedicated to government accountability and the rule of law. Currently chopping at #qualifiedimmunity and § 922(g)(3) in the Ninth Circuit. I like cats. Signal: @moroserabbit.34
696 followers 463 following 4,009 posts
view profile on Bluesky Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I really really like this!
c0nc0rdance (@c0nc0rdance.bsky.social) reposted
My favorite evergreen Molly Ivins quote: "I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag."
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I also noticed. But my cynicism precludes hope.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
It?
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Nice! I managed to catch… zero.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
It’s crazy what a 3-second exposure will show at this elevation on a clear moonless night.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
That’s a picture of the Milky Way I took on my iPhone.
Joseph McGhee (@radlegaltakes.bsky.social)
Post a random picture or else everything will go bad in September.
Glenna Prowant 🚫👑 🌮 (@brewitchin.bsky.social) reposted
Today in #history:
Joseph McGhee (@radlegaltakes.bsky.social)
That’s exactly what it is.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
They all look the same to me.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
*seek
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
They could seem post-judgment intervention if they did it RIGHT NOW!
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Who? There’s no one who can appeal here but the parties, and they ran the scam.
Orcish Law (@orcishlaw.bsky.social) reposted
But how did it know what the dinosaurs were named before it ate them?
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
This is the most succinctly I’ve seen this issue be put. It’s fucking batshit nuts.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
28 U.S.C. § 1447 allows them to just remove the prosecution to federal court, where they can then move for dismissal on any number of grounds.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Can’t they just remove it under 28 U.S.C. § 1442?
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I should clarify this is from DOJ’s complaint and not the order.
Joseph McGhee (@radlegaltakes.bsky.social)
“Authorizes”? Excuse me?? It says the President “shall” take Care that the Laws be faithfully executed.
Joseph McGhee (@radlegaltakes.bsky.social)
I haven’t had a drink in years but I’d down a gin martini in three gulps right now if you put one in front of me.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
This is not good.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Please don’t make me explain my incredibly raunchy joke… :/
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I would avoid pistachios atm even if there weren’t such an outbreak.
Abigail Spanberger (@abigailspanberger.com) reposted
Justice Cleo E. Powell is a remarkable trailblazer, who has devoted her career to justice and public service in Virginia. Now, she is the first Black woman to ever serve as Chief Justice in the history of the Supreme Court of Virginia. Congratulations, Chief Justice Powell!
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Dr. Oz should have been the U.S. Attorney General, because that makes about as much sense as a lawyer being HHS secretary.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Oh, how tragic.
Joseph McGhee (@radlegaltakes.bsky.social)
Because we know that months of misery and despair are in our very near future. It’s not about fall per se, it’s about the fact that fall is, to us, the appetizer for a meal we didn’t order and don’t want, but are being forced to eat regardless.
Joseph McGhee (@radlegaltakes.bsky.social)
My (completely speculative but probably accurate) take on what went down:
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
6. No matter a pro se litigant’s skill, the factual support for their claims, the potency of their legal arguments, or the presence of an ongoing irreparable injury, an inability to pay the district court filing fee is sufficient grounds to treat as second class their 1A right to petition. (4/4)
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
4. The delay isn’t unreasonable even where many legal issues described in the verified complaint are being decided in other circuits on essentially a weekly basis. 5. The delay isn’t unreasonable even where local gov def’s waived service but federal def’s can’t be served until IFP granted. (3/4)
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
3. Such delay isn’t unreasonable even where the plaintiff filed an emergency motion in the district court to expedite IFP approval, on the grounds of ongoing irreparable injury as detailed in the verified complaint, which the district court has completely ignored. (2/4)
Joseph McGhee (@radlegaltakes.bsky.social)
Yesterday, the Ninth Circuit implicitly held: 1. A delay of 57+ days (and counting) for a district court to process an IFP application isn’t per se unreasonable. 2. Such delay isn’t unreasonable even where a verified complaint alleges ongoing irreparable injury as detailed in mandamus pet. (1/4)
LoS Draws 🔞 (@monsterfucker.bsky.social) reposted
My youngest made a friend at his new school. This friend doesn't eat lunch - doesn't bring one from home nor buy one at school Youngest shared some of his lunch yesterday and asked if he could bring extra for his friend, so now we are just going to send an extra meal with him Proud of my kiddo
Joseph McGhee (@radlegaltakes.bsky.social)
Okay, so maybe headshots were a good idea after all, because I have two law firm interviews already.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I loathe it.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I’d only somewhat agree.
Joseph McGhee (@radlegaltakes.bsky.social)
Who are the two percentage points of Democrats who say Israel is committing genocide in Gaza but who do not oppose sending more military aid to Gaza? Are they just some legit psychopaths found in the wild?
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
You make a good point.
Joseph McGhee (@radlegaltakes.bsky.social)
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I like her chin.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I’ve already had three and the old ladies are pissed at me.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Woody Allen should be doing life right now for sexually abusing his daughter.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
This is something an Airbnb would have that eventually results in a total loss structure fire.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I did not have my neighbor dying of the plague on my 2025 bingo card.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
BLT on Navajo fry bread.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I literally came here right now to post this: storage.courtlistener.com/recap/gov.us...
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Far more.
Jack Metzler (cleaned up) (@scotusplaces.bsky.social) reposted
Hey does anyone out there have access to Hein Online and willing to do a scholar check search or two for me?
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Other than the companies that provide municipal insurance, who does QI protect? What legitimate, constitutionally-permissible purpose does it even serve? This is not even to mention that SCOTUS had zero constitutional authority to rewrite § 1983 in the first place.
Raffi Melkonian (@rmfifthcircuit.bsky.social) reposted
This decision violates the "come on man" rule. (If describing the thing makes literally everyone say "come on man," then it was clearly established and QI can't apply. Here, 3 months of feces).
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Hell yeah!
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Yup.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Many such cases.
Famous FNU! (@hellkitty.bsky.social) reposted
Police unions are just a mob protection racket
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Oh, I know, and I’m fucking done pretending otherwise:
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Congress solved the problem in 1871 when they created § 1 of the Ku Klux Klan Act, which expressly abrogated any immunity to suit under what is now § 1983. The fact that SCOTUS began ignoring this in 1967 doesn’t change the law as enacted.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
And a fellow border state—nice!
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
My unpopular take is that SCOTUS decisions are only binding on state courts (under Supremacy Clause) and lower federal courts in cases of SCOTUS original jurisdiction: Only Congress can create a rule of decision making SCOTUS precedent binding in cases reviewed under 28 USC § 1254, but it didn’t.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
I have a lot to be grateful for, and not living in Texas is a big one.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Bill Sheehan (@marsisblu.bsky.social) reposted
I would call Chief Justice Calvinball’s theory of the unitary executive Roberts’s rules of disorder.
Joseph McGhee (@radlegaltakes.bsky.social)
This is a big reason why the Trump administration will not peacefully cede its power in 2028. I don’t think most Americans have *any* idea what it’s going to take to remove these people from power or the dire consequences of failing this—the 2026 midterms are the last (bloodless) chance.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
No, *most* of them will.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
It’s a mathematical certainty.
Joseph McGhee (@radlegaltakes.bsky.social)
I’d rather have total chaos and anarchy—even to the point where I have to carry an AK-47 for protection when I leave the house—than a dictator. I’d rather deal with street criminals than government criminals, every single time.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
You can be rich or you can be righteous, but not both.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
That seems overly generous.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
No one is born evil.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Officer of the Year.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Literally same! I thought it was totally legit until that part—and I was horrified until then.
Joseph McGhee (@radlegaltakes.bsky.social)
“Fun” fact about me: I didn’t vote in the 2024 election because I was a (wrongfully) convicted felon from April 30, 2022 until December 11, 2024.
Joseph McGhee (@radlegaltakes.bsky.social)
I do not have words adequate to describe how much I despise AI chatbot “friendships.” If I could destroy generative AI, I would.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
@anyuse.bsky.social
Moderately Grouchy (@moderately-grouchy.bsky.social) reposted reply parent
Every night I pray to Velamina, the goddess of aortic dissection
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
No, they just hide their faces.
Joseph McGhee (@radlegaltakes.bsky.social)
What happens when he issues an executive order deputizing all state and local law enforcement as federal? Do you really think most agencies won’t just comply? Maybe you have way more faith in cops than you should.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
If everyone were neurodivergent these days then Trump wouldn’t be president.
Joseph McGhee (@radlegaltakes.bsky.social)
Follow me on IG if you want to see my pics of food, nature, family, and the everyday absurd. (Send an IG DM after your follow request and tell me who you are on here so I know you’re not a random weirdo.) www.instagram.com/moroserabbit...
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Someday I hope to be either an interesting nobody or a boring somebody.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Caffeine is like, “I’m going to make you think you’re dying so you can truly live!”
Joseph McGhee (@radlegaltakes.bsky.social)
340 days ago I filed my reply brief in my CA9 § 1983 appeal—no OA ordered. Given that the court doesn’t even need to address my foundational QI challenge—it has a clear and undisputed path to reverse on Heck bar misapplication and Rule 15/pro se plaintiff circuit precedent—this delay is… unusual.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Caffeine: When you’re just spaced-out, but want to be spaced-out and anxious.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
And honesty.
J. D. (@jdetc.bsky.social) reposted
From my cold-cut, dead hands.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Pizza Pizza.
Joseph McGhee (@radlegaltakes.bsky.social)
I have never before wanted to burn our flag—it makes me sad when I see it. Now I want to, just to exercise that right. I will not, of course—but it’s tempting…
gigimama.bsky.social (@gigimama.bsky.social) reposted reply parent
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Literally everything you said is true.
The Questionable Authority (@questauthority.bsky.social) reposted
Tom Nichols thinks that Democrats will be more appealing to five percent of voters if they stop saying "undocumented." Meanwhike, Comrade Bill Kristol is out there using phrases like "abolish ICE." One of the two is a serious person who understands the moment we face. The other is called 'Tom.'
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Caffeine is dirty but not in the fun way.
Kathryn Tewson (@kathryntewson.bsky.social) reposted
Opera comes with a built in VPN. This fun fact of the day is brought to you by the state of Mississippi.
Joseph McGhee (@radlegaltakes.bsky.social) reply parent
Do you have a link to the full complaint you can share?
Syracuse University College of Law (@syracuselaw.bsky.social) reposted
Professor of Law @katmacfarlane.bsky.social served as lead author for a law professors’ amicus brief filed in Boe v. Marshall, an Eleventh Circuit appeal involving judge-shopping sanctions.https://www.law360.com/articles/2373303/law-profs-urge-11th-circ-to-toss-judge-shopping-sanctions #lawsky