28.3.20

Get me a gun and a lime, I'll bring the Corona

b1-67er: NRA and state of California aligning for lawsuit. California says gun shops non essential and must close due to Corona virus. NRA says second amendment violation and that they are essential.
I think NRA will win this one.

b1-66er: Pandemics: 
Your real life lesson in Civics

D4rw1n: Remember it is only since 2009 that the USSC has held that the 2nd even articulated a personal right to bear arms. Heller v. DC
So now we can have a jurisprudence on it like we have on the first amendment 
Balancing the state interest vs. the individual liberty interest 

66: So, in that balance, which way does it tip?

D4: The framework under Heller is almost identical to that under first amendment law:
 1. Is the firearm itself protected (cannons no; hunting rifles yes; fights ongoing in between).
 Here yes because presumably the shops are all selling lawful firearms 
2. What level of scrutiny to judge the law by? 
A. Strict scrutiny if it touches a "core" 2Am right, like self defense in the home. 
B. "Rational basis" balancing of interests if not touching a core right. This may be a close call but I think the right to buy a gun in a store right now, in a pandemic, is not as "core" as the right to have one in the home to defend the self. But reasonable minds will differ. But let's say this law gets rational basis scrutiny. 
The state interest here is to have the authority to enforce social distancing by closing nonessential businesses. It's going to be a very strong argument in the courts because it dramatically saves lives 
The liberty interest is to go out in the pandemic and buy a gun. This is personally critical to a portion of the population. A woman who designed our bathroom remodel recently went batshit crazy trying to buy a bunch of guns to protect herself from the mobs or coronazombies she imagines will be roaming the streets soon 
But it's a relatively weak liberty argument in the end, I think. The state will say you can still do the transaction online from a Federal Firearm License holder seller, and have the seller deliver to you. They'll also say the ban is temporary, just until it's safe to allow people to gather in shops 
Could be super interesting

66: +2 for first known use of Coronazombies.*
Thank you. 


* and KTXT establishment don't like the "zombie" concept... it's the filmatic equivalent of sarcasm: easy, dumb and ultimately uninteresting. 
THAT'S how good D4rw!n's use was, still warrants 2*.

An international trade lawyer, a mathematician and a mechanical engineer walk into a bar...

D4rw1n: Question for my tech savvy and scientific friends: what are my personal chances of going to the moon? At age 18 when we were no longer doing it I decided it was zero. Now I think it's slightly greater than zero

b1-67er: Interesting. I would put it at maybe 1 percent if you will have a spare $100,000,000 or so perhaps 20 years from now.

b1-66er: It's like a riff from the line in Mad Max. 
'Speed's is just a question of money. How fast do you want to go?"
Put a few million down, I'm sure the Russians would take you right "now."
As a tourist on Virgin Space or equivalent, 5%.
(Sorry, I sped read that ... the Russians aren't going to put you on the moon. )

67: They will take your money right now. But I think it's the Chinese that might get you to the moon.

66: Actually, I don't think tourists will go to the moon in our lifetime. 
Your kids, maybe. 
There's moon problems they haven't figured out (but don't admit).
Dust. #1 with a bullet. 
They won't figure out the dust problem in our lifetime. 

67: There are inklings of a new space race to build a moon base. The race would be between the Chinese and Americans.

66: Yes. 

67: Going to Mars is much more interesting than a moon base.

66: I think Mars is impossible. 

67: Oh, no way. Just really really expensive.

66: There's also the question no one EVER talks about,  knock on Earth pollution. 
There's indication that the Martian environment is 100% uninhabitable. 
Lack of an atmosphere is a big big deal. 

67: I'm not talking about inhabiting. Just exploring.

66: I don't think we can do it.
Next 50 years? < 1%.
Not in D4rw1n's kids' lifetimes.

67:  I think we could do it right now. We just lack the will

66: No. 
If you wanna play Russian Space Roulette,  I say there's a 30% we could get someone there. 
Chinese style. 
Die on the surface. 

67: Park fuel in mars orbit. Park fuel on mars surface.  Park fuel in earth orbit. 

66: 30%.
Assuming Americans/ earthlings still allow rockets to be shot. 

67: Technically we would have to decide if we are talking about going to and from Mars, or just to Mars.

66: 30% there and surfaced. 
<1% back and alive. 

67: The Russians are the kings of rocket launching. But Americans are the unchallenged champs of parking things in Mars orbit or putting them on the surface in one piece (most of the time).
What do rockets screw with? The ozone layer?

66: Massive polluters.
The size of an office building. 

67: I'd put the US at 80% getting a live man to Mars, 60% there and back.

66: You're very optimistic.
What's your timing?

67: If they worked in ernest starting now? Twelve years. Maybe a bit more.

66: It's 2 orders of magnitude harder than Earth <> Moon in the 60s.
3 extra years isn't enough. 

67: But they have put craft in Mars orbit, and on Mars surface.  Really the new trick is launching off the Mars surface.
So they aren't starting from scratch, like they were on the moon.

66: Yeah. 
That's the right approach, for sure.
Or, if you wanna talk fantastic,  we could just get our pet space dragon to have babies there...
... which, I think, is about as likely. 

67: No, it's technically doable.  It would just take a ton of cash.

66: Yes. 
The stomach for American spending on Apollo started waning toward the end...
It's not in the public Spirit today. 
US$15 kickstarter isn't going to do it. 

67: Yeah I don't think America has the will. 
 Nor the Russians.  
The Chinese might have the appetite and ability to stay focused, but they would probably kill a fistful of astronauts.

Remember the USA is the country that bitched so bad about Apollo shots toward the end that they had to get approval to not override the NBA championships on TV. 

67: Once you succeed...once it seems easy to the public...But that first landing would be mesmerizing. 
 It would be the new high water mark for mankind.

<ed: I damn near removed the inherent sexism from that comment. >

66: No doubt. 
Won't happen, though. 

67: Will happen someday.

66: Probe time!
Less money. Less risk. 
More data. More places. 
Easier. 
More interesting. 

67: Interesting, but less interesting. 

66: We've already shown we know how to trash a planet.
We don't have to do it AGAIN.

67: If at first you don't succeed.....

66: Try until you hit the number 8...
... then go to another solar system?
Show me there's life on Europa.
That's good enough. 
Cheaper. Easier. More interesting. 

67: Cheaper. Technically harder. You have to get into the ocean.

66: how about a mission to explain why Uranus rotates like a football being thrown and is perpendicular to the orbits of all the other planets?
Makes way more sense to figure out. 

67: Man on Mars inspires.
You'll be driving a Chevy Phobos.

66: Mars. Man. There.
Vs.
GODDAMN THERE ARE WORMS IN ONE OF JUPITER'S MOONS. 

67: Say What?

66: They think there could be life in Europa's oceans. 
They're pretty sure there's a heat source there,  not unlike our volcanic vents...
Those exist without sun or air on Earth, ergo___

67: Yeah, Europa is really interesting. 
They should send a man there.

66: Jesus. 
You have to cut way way back in the Mountain Dew. 




27.3.20

Blasphemy by 'blog

b1-66er: "In an unprecedented move, Disney parks will remain closed until further notice"

Special K: Unhappiest place on earth. 

b1-66er: Special K!

Better get the judiciary caulk

b1-66er: (I think) an interesting legal question for you...
Let's say a federal grand jury is called...
... but the state you draw in forbids assembly of 10 people...
What happens,  legally?
 What's the correct public decision for how to behave?

D4rw1n: Legally you would be in an unprecedented situation if state law or municipal ordinance required you to stay home, and a federal grand jury summons required you to serve
Analogous situations have arisen. The applicable law provides an excuse from grand jury service if you can make a showing of "undue hardship or extreme inconvenience"
So the prospective juror in your case could declined to serve, and offer evidence that doing so would subject him or her to prosecution (or, more likely, citation) under state or local law

b1-66er: Super great. 
Extremely interesting. 
One of the things that's interesting in Pandemic World are the seams on the legal highway as you cross from federal into state territory. 
Thank you. 

D4: What you really want to know, is what happens if the judge is a hardass and refuses to excuse the jurors just because they are afraid they will get tickets for gathering in a group of 16 to 23 (which is by rule the size of a federal grand jury)?

66: What say you?

D4: If it ever did come up, I would expect the higher courts to issue an injunction in favor of the jurors, prohibiting the judge from impaneling the grand jury and endangering their health
Federal law would empower the judge to require service. But I would anticipate lawsuits by the jurors against the federal judiciary and the judge. It seems to me that the proper grounds would not be violation of state law, but rather physical endangerment. For this reason I don't think the case will come up, because the judges are too interested in self-preservation to create such a crisis

66: Yes. 
It's hard to imagine any legal system that would say,  "I'm sorry but you must put your arm in the running saw blade."

D4: Exactly. There may be a judge or two who will, but in the end the courts know that they run only if citizens serve their duty. Hard for the whole system to maintain its legitimacy if they start thinking that could make people put their arms in saws all the time

b1-67er: The lawyer next door said all but serious felony cases have been postponed in Monterey County. But it's being treated as a holiday, so the days don't count against statute of limitations.  I imagine that's a thorny issue.

24.3.20

At least they left the napkin dispenser chained to the counter

b1-66er: "Toilet paper, hand sanitizer stolen from Las Vegas farmers market"

Special K: These are weird times.

b1: You can always tell when the casinos are closed. 

Off the res.

b1-66er: "Fourteen inmates escaped from jail, 6 still on the loose"
'The inmates were able to escape by breaking open an exterior fire door using a table from inside an annex, authorities shared.
"They decided they were going to break down the door and leave," said Yakima County Sheriff Robert Udell in a video posted on Facebook. "Despite the governor's shelter-in-place or stay-at-home order, apparently they didn't want to do that so they are out and about."'

Special K: Sheriff Funny.

b1: JAIL BIRDS CAN'T ABIDE BY "SHELTER IN PLACE" SPECIAL K!  
What would you do?
Let's say you just heard about Rikers Island and you're IN Rikers Island, what would you do?

K: I'd rage.
Are they Co-vid or Co-bad?

b1: For sure I can tell you where to find them...
The Crow-bar.