• 47 Posts
  • 807 Comments
Joined 2 years ago
cake
Cake day: June 14th, 2023

help-circle

  • From the 13-page dissent from Justice Jackson (co-signed by justices Kagan and Sotomayor):

    “The Court ignores these critical limits on its equitable discretion today. The Government seeks to enforce a questionably legal new policy immediately, but it offers no evidence that it will suffer any harm if it is temporarily enjoined from doing so, while the plaintiffs will be subject to imminent, concrete injury if the policy goes into effect.

    The Court nonetheless fails to spill any ink considering the plaintiffs, opting instead to intervene in the Government’s favor without equitable justification, and in a manner that permits harm to be inflicted on the most vulnerable party. Such senseless sidestepping of the obvious equitable outcome has become an unfortunate pattern. So, too, has my own refusal to look the other way when basic principles are selectively discarded.

    This Court has once again paved the way for the immediate infliction of injury without adequate (or, really, any) justification. Because I cannot acquiesce to this pointless but painful perversion of our equitable discretion, I respectfully dissent.”

    The entire document can be read here: https://www.supremecourt.gov/opinions/25pdf/25a319_i4dj.pdf










  • I don’t know if this would be possible given the bounty’s requirements.

    Let’s say you come up with some new firmware for the fridge that replaces all the hostnames on the advertising calls with ‘localhost’. Great. But if all other features on the device need to keep functioning, including any phone-home firmware update functionality, the fridge will re-enshitify itself on its next update. It either needs new fridge hardware (not allowed in the bounty requirements) or some kind of network container (like pi-hole, also not allowed).

    So the entire bounty is an exercise in futility. But… perhaps that’s the point.

    This is a demonstration of why the law, as written, is fucked and needs to be changed. I think that may be the main point.