B.L.U.F. The Ninth Circus court issues a stay pending appeal in the California magazine ban.

(1200 words)

I have written reams of electronic paper talking about how the court system “works”. At the top is the Supreme Court. The first level of Article III inferior courts is the Circuit Court of Appeals. The next level down is the Federal District Courts.

I have written about case law. Case law is set by superior courts. The Supreme Court sets the case law. The Circuit Courts then interpret that case law, setting case law for their circuit in turn. The District Courts then apply the law as interpreted by the Circuit Court case law.

If there is no case law within a circuit, then case law established by other circuits can be cited. You can cite to other circuits. If there is a consensus among the other circuits, that is a good place for to start.

Today, the Ninth Circus Court of Appeals issued a stay in —Order: Virginia Duncan v. Rob Bonta, No. 23-55805 (9th Cir.). They decided, over the vigorous dissent of four judges, that they were not going to actually do their jobs, again.
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The site has not been as stable as I want it to be. We are experiencing a failure about once every 48-72hours. The outage normally lasts less than 5 minutes. Today it exceeded 5 minutes.

I know what the issue is. K8S is killing off parts of the infrastructure. Normally, it is the database engine.

When the database goes down, the site tells K8S that it is sick. This results in the 503 errors you might have seen.

The root cause is that K8S doesn’t think there are enough resources available and “reaps” something, normally the RDBMS.

The fix for this is to move from rook-ceph with an internal cluster to rook-ceph with an external cluster. The advantage of an external cluster is that it requires less resources within K8S, and I have better control over it.

I have created an external cluster within my own K8S test system. I’m in the process of documenting how to bring up a K8S external cluster. It isn’t working yet. I’ll get there.

Postmodern Jukebox is an interesting group. They take different modern songs and then recreate them in different styles. In some cases, I feel that their version is better than the original.

Here is one that I like, so does my wife:

This one was recommended to me by Hagar:

I’m still feeling under the weather. Today was senior pictures day. Which meant I hauled out the camera gear. That’s multiple studio lights, multiple light stands, backdrop, and backdrop stands. And I forgot how to set the camera up.

I blame it on the illness. I should have set the aperture to f8 or smaller. Instead, I left it at F5.6 and spent the entire session fighting my lighting.

So you get to look at next years venison.

B.L.U.F.
Three letter acronyms, the Bluebook, and Indigo Book. Abbreviations and more.

(1200 words, mostly cut and paste tables)

Lawyers are verbose yet hate making things easy to read. They will use Latin when English will do just as well. They will abbreviate words in non-standard ways, they will make use of lingo and terms of art at every chance. Often, it feels like they want to make their work as opaque as possible.

Like every code, there is a codebook which explains how to encode and decode their secret messages. The official codebook of the lawyer creed is The Bluebook® A Uniform System of Citation®. Every official abbreviation is in this “book”.

If you are interested in using the Blue Book reference, prices tart a $39/year for personal use.

The Indigo Book is An Open and Compatible Implementation of A Uniform System of Citation — The Indigo Book

They are not authorized by nor in any way affiliated with the Blue Book people.

I have been told that I am starting to use too many abbreviations and that is making my articles more difficult to understand.

So you get some parts of the Indigo Book.

T9. Required Abbreviations for Court Names

Table 9 describes what abbreviations are used when citing to a particular court. As an example, “D.” refers to a Federal District Court while “Dist. Ct.” refers to a State District Court.
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B.L.U.F.
This is the frames and receivers rule.
(650 words)

On October 5th, 2023, the DoJ applied on the Supreme Court’s emergency docket for the court to vacate the injunction issued by the N.D. Texas.

As we have discussed for the circuit courts, the Supreme Court has an “administrative panel”. Each circuit court has a Justice charged with overseeing that circuit. Overseeing is a massive overstatement.

When a case is appealed out of the circuit to the Supreme Court, it can come as a merits-based request for certiorari, or it can come as an emergency request. If it is an emergency request, it goes to the Justice that oversees that circuit. In this case, it is Justice Alito.

The state requested that the injunction issued in the N.D. Texas be vacated pending appeal. This is different language than I am used to seeing. Normally, the request is for a “stay pending appeal”. My understanding is that vacating a finding is to throw it out.

Justice Alito issued a temporary stay for 10 days to allow the parties to file briefs. You can expect the usual suspects to dog pile as well.

What Was Said

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Today is the day I start shipping the Velcro backers for those people who purchased them. I’m going to lead J.Kb. through the process so he can ship the patches. Thank you for your patience when I jumped the gun.

Miguel noticed my Tuesday Tunes was Sing, Sing, Sing and called me on not posting the best version:

The one version that everybody must hear — Miguel.

You can read about it: The Famous 1938 Carnegie Hall Jazz Concert

Numerous briefs have hit in the Rahimi case at the Supreme Court. The Court will be hearing oral arguments in November. I’ll start looking at these briefs this coming week. This should be easier as they are all in defense of The People and the Second Amendment.

J.Kb., did you give one of our “Dick Shooters” patches to Clint?