The Logical End Point of Trump Saying He Could Shoot Somebody on Fifth Avenue

On January 23, 2016, Donald Trump notoriously declared, “I could stand in the middle of Fifth Avenue and shoot somebody, and I wouldn’t lose any voters.” That statement was understood at the time as a metaphorical expression of the depth of Republican voters’ commitment to him. Ten years and one day later, his administration’s agents shot a disarmed man on the street in full view of the public. Perhaps we should have taken him not only seriously but also literally. The dynamic Trump observed is that he had created a…

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Why the Fifth Circuit Keeps Making Such Outlandish Decisions

Where to even start in cataloging the most ridiculous—and alarming—recent rulings to come out of the U.S. Court of Appeals for the Fifth Circuit? There’s a case about whether a class action could go forward that boiled down to a dispute among three Fifth Circuit judges over the meaning of a Bible verse. There’s a case in which the Fifth Circuit allowed three doctors to sue the FDA over a tweet intended to discourage ivermectin use that read, “You are not a horse. You are not a cow. Seriously, y’all.…

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