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Culture War Roundup for the week of June 5, 2023

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Naively, there's a chance people will recognize the tooling; politics is at least theoretically anti-inductive. To an extent, this is currently one of Trump's biggest selling points, damning with faint praise as that might be. Given past events, I'm not that optimistic.

More pessimistically... there was a case in the late 90s where a federal agent shot an unarmed woman holding a baby. That case was somewhat complicated over past Supremacy Clause questions over where a federal officer's official processes start and where reasonable behavior ends. But states do not have to limit themselves to good, fair, or honest laws, that a federal employee might only violate when taking their duty to its most extreme edges.

States just don't do that, and that's why you've not heard much about the few cases that even started. And the feds can put the pressures in; the Clinton-era fed put a lot of pressure to get Lon Horuchi's prosecutor limited as much as possible. It's even possible that federal judges will quickly develop new immunities or theories of impossible requirements of standing. But taking it off the table entirely as a threat requires taking every state, not just the federal gov.