The law is too slow. It's like a horse carriage in the age of twitter. Why can't they expedite for special cases? Not even defending Antropic or any company. Just that if a tweet can cause damage in seconds, the law shouldn't be too far behind.
To a certain extent this exists, but given that SCOTUS has been stacked with GOPers…
> The shadow docket is a break from ordinary procedure. Such cases receive very limited briefings and are typically decided a week or less after an application is filed. The process generally results in short, unsigned rulings. In contrast, merits cases take months, include extensive briefing and public oral argument, and result in lengthy written opinions detailing the reasoning of the majority and of any concurring and dissenting justices.
It should be noted any justice can write a dissent in a "shadow docket" ruling. If a justice finds a ruling incorrect, nothing hides their criticism of it from the light.
(I agree that there's nothing fundamentally wrong with the even more recent trend of shadow docket decisions that do come with opinions attached, and perhaps law students in the 2030s will learn about the "expedited docket" as a normal way to handle cases.)
The SCOTUS is stacked with reactionaries, people that want to take us back in history. They quite literally undid 60 years of civil rights legislation!
This is not a Democrat vs. Republican thing, this is is a very small minority that has taken control of an entire branch of government and is abusing their power.
Many Americans take for granted the idea that the US is a "nation of laws" and that "rule of law" governs above all else. But the reality is this: there is no such thing as a perfect legal system.
You can have a strong legal system by design (good oversight, various checks and balances, etc.) but in practice, any system is only as good as the most powerful people are decent and respectful of it.
If you have someone in the most powerful position (the executive) who doesn't respect the law and who isn't willing to, with wisdom in his or her heart, exercise restraint with the understanding that protecting the integrity of the system is ultimately more important than getting your way, the law stands no chance.
Presidents are not historically all powerful within their own parties and the nature of the big tent systems means usually it is fairly difficult to get agreement on everything within a party without some compromise. Trump has managed to defang everybody else in the GOP.
And (2) if the law hasn't been used then WTF did we even consider signing it into power, let alone actually doing it? Something like this should never be done, but if done one would think it would only be in the face of an imminent and urgent need. Instead we seemed to have just casually signed unconstitutional executive tyranny into power 'just in case.'
The only way we're ever going to reign in executive power is if one party or the other starts rolling back executive power while they're in power. But when people are in power they seem to convince themselves that it will always be like this, and so when it comes to power all they can say is 'more, more, more.'
[1] - https://www.aclu.org/press-releases/president-obama-signs-in...
Someone has to get things done, and if Congress won't do it, maybe the President has to.
They can't even get the SAVE act passed.
The SAVE act status probably has more to do with some Republican legislators who think it will harm their re-election chances by impacting their own supporters.
It is going to take literal decades, if it is even possible at all, to repair the damage Trump has done in 18 months.
...and lives. Musk is now up there as one of the individuals with the highest kill counts in history - at least 500,000 to 700,000 so far. Analysis suggests that by 2030, this could reach as many as 14 million, including 4.5 million children under age 5. Musk is going to have to come up with his own salute, because he's no longer playing second fiddle to that other guy.
Sources, with details of methodology, here: https://healthjournalism.org/blog/2026/07/how-pulitzer-final...
The people who called it a cult were basically right. Trump has overwhelming control over republican voters and has proven he can easily end the careers of republican politicians who oppose him. I do not recall a single politician of either party in my lifetime who has held this level of uncritical support.
It will be fascinating to see what happens when his grip on the party is removed. None of the current crop of potential successors appears to have even remotely the right kind of support to maintain the coalition. That does not seem surprising, he cannot really abide having someone close to him who looks like a powerful successor because he would see it as a threat. So he will anoint a weakling and the base will fracture.
Prediction: he will never anoint anyone. He is pathologically incapable of stepping aside, sharing, or caring one iota of what happens to anyone after he dies. He may not even be capable of conceptualizing his own mortality.
I fucking hate living in interesting times.
You are in very good company, I expect. There are so many interesting aspects to the time we live in and I find it exhausting.
They have literally no excuse to be this cowardly. They will still be alive and rich if they go against Trump.
What happens then will be very interesting!
I don't see anyone who can keep wielding Trump's power.
This is a dying vestige of the greatest generation who passed it onto their boomer kids who blindly believed it despite evidince to the contrary. We're moving back toward a late 19th and early 20th century understanding of how government and laws work.
Yeah, god forbid they drive right down the middle of the lane rather than drive right up to the line of what the public will tolerate.
There is a direct causative line between government actors feeling like they can get away with unpopular things and the populist politics we've had brewing in this country for the past 20yr. The tea party, the Bernie bros the ron paul era libertarians, even MAGA, they were all ultimately captured by the establishment.
The establishment wielding progressive (lowercase p) types would do well to understand that on some level you, the peddlers of government, must cater to the demands of the people, because if you don't eventually the pressure will build until a populist movement you cannot contain comes around and stomps you. And what that could look like is a serious power transfer away from the feds and toward the states. So if your policy goals involve people in other states, which just about all progressives do, this would be bad for you.
Which is to say turn down the damn heat on the frog, this is all happening because you're going too fast.
That does not seem like a feature unique to progressives? Conservatives are trying explicitly to involve other states, they'd happily put us all under the thumb of a Evangelical theocracy if they had the power to do so.
Those jerks in NC to cram Christian values down everyone's throat via the federal government are no different than the jerks in CA who think that if they have to suffer through a low flow shower head some guy in Alton Missouri ought to as well. They're all progressives. We can debate the merits of the directions in which they seek to progress but they're both progressives on a fundamental level. They're seeking to use government to shape society, to what they think is everyone's benefit but in reality that's not so clear.
All of it, apparently, I've never heard the term progressive used to describe conservatives. I gather that you don't like the divergence between the dictionary definition and the practical one? That's valid, but in a discussion it helps to use terms in the most commonly accepted way to avoid that confusion. I don't think modern conservatives are very conservative at all, but I have to stick with the terminology other people understand.
The whole thing. I spend way too much time in the politics/political-philosophy rabbit hole, and it still whooshed right by me. I bet you got like a 2% hit rate on people understanding what you meant.
Basically lie so much and so fast that the fact checkers can't keep up. It also helps when their voter base literally couldn't care less about "truth".
injunction in question: https://assets.bwbx.io/documents/users/iqjWHBFdfxIU/rYKRX7EU...
Such an injunction is granted when a party can show they have "irreparable harm" if not for the injunction and would likely succeed on the merits of the case.
> Anthropic has submitted concrete, non-speculative evidence of the ongoing harms to its liberty interests. Within days, many large enterprise customers signaled that publicly doing business with Anthropic over competitors was not worth it. (Dkt. No. 6-4 ¶ 16.) Three government contractor customers terminated their contracts with Anthropic, or were instructed to do so by Defendants; three deals valued at over $180 million fell apart despite being on the verge of closing; potential partners demanded additional protective contractual provisions such as unilateral termination; customers asked to cut short their contracts or reduced their amount, in some instances specifically mentioning the Challenged Actions; and others switched from Claude to competing generative AI tools. (Dkt. No. 6-4 ¶¶ 11–19; Dkt. No. 6-3 ¶ 33.) Anthropic’s Chief Financial Officer, Krishna Rao, projects that, depending on how broadly Anthropic’s customers interpret the Challenged Actions, Anthropic could lose between hundreds of millions and multiple billions of dollars in 2026 revenue. (Dkt. No. 6-5 ¶ 6.) Moreover, Defendants do not contest that Anthropic will be unable to obtain compensatory relief from the government, making its economic harm likely irreparable. E. Bay Sanctuary Covenant v. Biden, 993 F.3d 640, 677 (9th Cir. 2021); California v. Azar, 911 F.3d 558, 581 (9th Cir. 2018).
The current decision discussed in the article was also expedited since it is Anthropic winning a motion for summary judgement.
That is, before a trial even happens to assess who is correct about a factual dispute, parties are allowed to try to win entirely on legal grounds. The judge assumes everything the United States alleges is true, then sees if Anthropic would win anyways.
From the current decision:
> Under the APA, an agency action must be set aside and held unlawful if it is “arbitrary, capricious, an abuse of discretion,” “in excess of statutory jurisdiction, authority, or limitations, or short of statutory right,” or “without observance of procedure required by law.” 5 U.S.C. § 706(2)(A), (C), (D). Anthropic has shown that the Hegseth Directive and the Supply Chain Designation were in excess of statutory authority, contrary to law, and arbitrary and capricious.
This requires a lot of work to estimate and reason and argue and adjudicate, you're not going to get a napkin math answer on an internet forum.
How it works is that the complainant makes an argument with an amount attached, the argument is reviewed and discussed by all parties, and the judge decides. The law system is amazingly free-form in some respects, which is why precedent is so important: there's not much else constraining things.
They can, the preliminary injunction is a thing that can be invoked very quickly to stop actions before the law decides.
Anthropic didn't suffer any irreparable harm and they're free to seek damages if they wish, but they won't because it doesn't really matter to them. This whole mess has just been advertising that has kept them in the headlines and very likely has been more beneficial than harmful.
Anthropic didn't suffer any irreparable harm
Also, the current administration doesn't care much about the law but what Trump and his people like and dislike. They made it very clear that they don't like Anthropic, so they won't get any contracts now, this ruling doesn't really matter until Trump is out of office.
None of this provable, of course.
They even fired people for investigating the storm on the Capitol. The message was pretty clear: we don't care about the law or what your job is, if you do something we dislike we retaliate, so you better become corrupt and stop caring as well or quit now on your own terms.
I'm sure they got MORE government contracts because of it by turning themselves into headline news for weeks.
So being in the news for such things surely didn't help.
Anthropic’s reputation was enhanced by this
Fixed that for you.
However it is true that there were some defence contractors who probably took Codex deals instead of Claude deals when this happened.
Factually wrong. Many people on defense contracted projects (you can find at least a few of those in every big company you have heard of) are banned from using Anthropic models. They need to use GPT, Gemini or something else. That is a LOT of business lost.
What you are saying is false.
You don't have the full picture.
Edit to add: Anthropic did show a risk of irreparable harm because their opponent is the government, and the government typically can’t be forced to pay damages (subject to limited statutory exceptions).