What the founding generation understood as an establishment of
religion is a legal question to be decided by a court, not a “fact” question to
be decided by experts, no matter how credentialed. To be sure, courts must
make a determined effort to grasp the relevant history bearing on that legal
question. Hilsenrath, 136 F.4th at 491 (“This kind of historical inquiry
requires serious work.” (citation omitted)); McDonald v. City of Chicago, 561
U.S. 742, 803 (2010) (Thomas, J., concurring) (noting “[h]istorical
analysis can be difficult”). See generally Heller, 554 U.S. at 592–95, 600–03,
605–19. They do so by consulting articles, books, and historical sources and
bringing their own independent judgment to bear on them—not by
appointing an “expert,” whose “findings” are insulated by clear-error
review on appeal.57
_________________
And then, in one last bizarre twist, the Court says that judges aren't allowed to ask experts in history about questions of history, because experts impact "independent judgment."
Brb going to scream.
1 day ago
709
152
28
48
You ever try to code switch at work and fail? 😂
1 day ago
30654
3769
1136
189
(2029)
GOP: noooo you can't send the DOJ and IRS after our groups THAT'S CHEATING 😭
Dems: Ha-ha! indictments machine goes brrrrrrr
1 day ago
1238
186
15
12
After many delays and travel and whatnot, we have finally begun playing the D&D module The Last Hunt for the Jabberwock. It is set in the Feywild, which is a very silly place.
1 day ago
429
15
11
1
WHITTIER, CA VOTES OUT ALL GOP INCUMBENTS ON BALLOT, FLIPPING CITY COUNCIL IN DEM SWEEP
• 10.8K
Q
801
214 / 356
My hometown took out the trash last night and voted to oust the MAGA mayor after his failure to do anything to stop ICE from kidnapping our neighbors. He had been mayor for TWENTY-SIX YEARS!!
Also, my mom taught 5th grade and one of her students just got elected to city council. Let’s fucking go!
1 week ago
1311
228
29
27
Advertisement
Just 19 days left on our campaign! Learn more about Omniboz: Tales from the Land of Oz: www.starsandsabers.com/books/omnibo...
1 week ago
8
7
0
2
I didn't know if it's true that one uses different parts of one's brain, but I do know reading what I wrote aloud catches a whole bunch of simple grammar and copy-edit errors, and it's a practice I recommend for every writer.
1 week ago
668
42
56
5
1 week ago
3955
1078
201
57
Here we fixed this for you, @wsj.com
We see you trying to help JD pretend he doesn’t have to wear this war when he runs for president. Nope.
1 week ago
16209
4200
473
175
Now is the time to confront what Trump is saying, not sanitize it. To take him literally and seriously. To stand tall and not back away.
I built Democracy Docket to expose attacks on free and fair elections not sugarcoat them. Support its work. Subscribe now. bit.ly/4qmEiFz
1 week ago
3493
680
27
5
President Trump’s Iran war rhetoric poses a serious dilemma for many members of the military. They can disobey orders and face the consequences, or possibly stand accused of committing war crimes. @amymcgrath.bsky.social joins @ 10 a.m. EDT on what exactly refusing an unlawful order looks like.
1 week ago
125
24
12
1
Election deniers. Conspiracy theorists. Anti-voting activists. Big Lie true believers.
By the time we hold our next presidential vote, they could be running our elections — including in some key swing states. www.democracydocket.com/news-alerts/...
1 week ago
3569
1504
96
36
Picture of the century. 😍
📷 credit: Science Tube
1 week ago
30822
4536
919
335
We’re about to pay Iran $6 billion to re-open the thing that was open before the war.
Art of the deal, baby.
1 week ago
15330
5144
940
399
Advertisement
Ales & Arrows: A CozyMantasyPunk Anthology. Every story ends with the ghost of the main character‘s warrior father silently nodding in approval, indicating his pride in his warrior son, as the main character’s wife cries happy tears from the doorway at her husband reconciling with his long-lost dad.
1 week ago
7
1
2
0
A crescent earth above the Lunar landscape
New desktop wallpaper, courtesy of NASA
2 weeks ago
82
6
5
0
Congresswoman To Introduce Articles Of Impeachment Against Pete Hegseth
Rep. Yassamin Ansari (D-Ariz.) is introducing articles of impeachment against Pete Hegseth over his role as “a chief enabler of this illegal war” in Iran. www.huffpost.com/entry/latest...
2 weeks ago
5471
1170
51
86
A friend described doing an exercise w/ a group of students from around the world, asking them to write down the best & worst thing about a bunch of different countries. Answers varied a lot for all countries except for one: every single person said the best thing about the USA is NASA.
2 weeks ago
1075
206
13
7
Screenshot of a tweet by Rep. Ted Lieu stating that U.S. military law prohibits war crimes, including strikes on civilian infrastructure that cause disproportionate harm. The tweet warns that service members must disobey illegal orders and could face prosecution by a future administration if they commit war crimes.
Rep. Ted Lieu isn't backing down.
2 weeks ago
16814
4909
503
243
A reminder that E-V-E-R-Y-T-H-I-N-G he does is a distraction from the sex crimes he, if there is justice, will be imprisoned for.
On November 3rd, 2026: #AccountabilityIsComing
2 weeks ago
23148
5619
550
164
Advertisement
A graphic is titled: Trump's proposed changes to cabinet department's budgets
Hundreds of billions more for war around the world, but we ‘can’t afford’ healthcare and childcare here at home?
2 weeks ago
113
43
109
9
Rightwing dudes: "Women shouldn't be in leadership. Women shouldn't vote. They're not rational like men."
Also, somehow, rightwing dudes: "The hand of God teleported me to a Waffle House."
2 weeks ago
9242
1756
93
62
Even up to this day my 15 yr old son remembers my one rule. Asking for a book is an automatic yes. While at a store he found 2 that he wanted. Lucky for me they were only priced at $5 each. I love to read, & I’m thrilled that he wants to read on his own. Money spent on books is always well spent.
2 weeks ago
2665
148
105
13
👇👇
2 weeks ago
7597
2632
166
106