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firthermor.bsky.social
Firthermor
@firthermor.bsky.social
720 followers 2.1K following 5.1K posts
Mid-Atlantic nature. Natural world. Photography. Plays with words. Grovers Mill Martian invasion survivor 😉. Popular sovereignty, voting rights, democracy, and good governance stan.
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firthermor.bsky.social
We have a possible big irruption year!

www.projectsnowstorm.org/posts/in-wit...
But it obviously happened somewhere up North, because in late October - unusually early - snowy owls started showing up in rapidly increasing numbers, from the western prairies to the Maritimes in Canada, and especially in the western Great Lakes around southern Ontario, Minnesota, Michigan and Wisconsin. That surge has only intensified in the past couple of weeks, with more and more owls showing up daily on eBird (which doesn't necessarily reflect the full sweep of where owls are), filling in the landscape in such normal hotspots as the Ottawa and St. Lawrence river valleys, southern Manitoba, Saskatchewan and Alberta, and even a few in British Columbia and Washington state, where snowies have been scarce to absent in recent years. They've appeared as far south as Long Island, New York, eastern lowa and northwestern Ohio.
November 23, 2025 at 2:27 AM
firthermor.bsky.social
“The documents reviewed by Reuters specified that employees determined by the administration to be in ‘confidential, policy-determining, policy-making, or policy-advocating’ jobs in the federal government would lose their whistleblower protections.”
Specifically, the documents showed the rule would remove legal protections that prohibit U.S. government agencies from retaliating against employees who accuse them of wrongdoing, such as violating the law or wasting funds.
November 19, 2025 at 12:26 AM
firthermor.bsky.social
More unlawful.

www.justsecurity.org/121167/us-se...
The White House argued that the attacks also complied with the law of armed conflict (LOAC), though its statement actually references the international law related to nations entering into wars based on principles of self-defense, whereas LOAC deals with limits on the means and methods of warfare and the protections for noncombatants and civilians during conflict. President Trump suggested the strikes are lawful because the targets were "positively identified, extraordinarily violent drug trafficking cartels and narcoterrorists," and noted this sends a "clear message." These legal arguments have been swiftly and comprehensively criticized, and the attacks condemned as unlawful under domestic and international law including by former lawyers in the Justice Department's Office of Legal Counsel (Marty Lederman writing in these pages and John Yoo writing in the Washington Post). Nevertheless, Secretary
November 3, 2025 at 2:57 PM
firthermor.bsky.social
“… focused on helping state and local governments fill the void created by the Justice Department’s retreat from public corruption work. … will also represent the targets of criminal and congressional investigations ….”
She and fellow Smith team alum J.P. Cooney rolled out a new law firm this week focused on helping state and local governments fill the void created by the Justice Department’s retreat from public corruption work. Gaston & Cooney PLLC will also represent the targets of criminal and congressional investigations as Trump flexes his ability to use federal law enforcement and his allies in Congress to target his political opponents.
October 24, 2025 at 9:58 PM
firthermor.bsky.social
Also, healthy growth since June.

This is an increase of about 40% in the upper bound of participation estimates.

www.gelliottmorris.com/p/no-kings-d...
As of midnight on Sunday, June 15, we have data from about 40% of No Kings Day events held yesterday, accounting for over 2.6m attendees. According to our back-of-the-envelope math, that puts total attendance somewhere in the 4-6 million people range. That means roughly 1.2-1.8% of the U.S. population attended a No Kings Day event somewhere in the country yesterday. Organizers say 5m turned out, but don’t release public event-by-event numbers.
October 19, 2025 at 4:25 PM
firthermor.bsky.social
It has been pretty reliable for an estimate here. I can’t say that it would necessarily be applicable where you are. I am still expecting—hoping—to get another Gray Catbird sighting this season.

My experience has been consistent with the BirdNET probabilities for my area.
BirdNET default probabilities for Gray Catbirds. “Today” is shown in a contrasting color (green) and is labeled; it is showing a little more than 25% and is on a steep part of the curve showing lower probabilities in the late fall. BirdNET default probabilities for Dark-eyed Juncos. “Today” is shown in a contrasting color and is labeled; it is showing a probability of around 35% on a steep curve showing increased probability for late fall through early spring.
October 18, 2025 at 1:05 AM
firthermor.bsky.social
www.nrc.gov/ai
The Next 12 Months Broaden the scope of generative AI training to agency staff and contractors and the development of the rules of behavior for the use of generative AI tools. Continue to engage with the inspection community across all regions and inspection types in Future Focused Research outreach sessions. Further develop the regulatory framework to support the use of AI in NRC-regulated activities. Continue communication with industry stakeholders to ensure preparedness for future uses of AI in NRC-regulated activities. NRC (U.S. Nuclear Regulatory Commission)
October 16, 2025 at 4:45 PM
firthermor.bsky.social
“Police in Chicago also routinely arrest people for the singular charge of resisting arrest—a phenomenon experts say is concerning, and could mean the problem is far more expansive than the settlement data indicate.”
"What was the person resisting if there's no underlying charge?" said Samuel Walker, a professor emeritus at the University of Nebraska and a national expert in police accountability. "That's just a gigantic red flag that the officer probably used force and is using this resisting arrest charge to provide cover or an explanation."
October 13, 2025 at 9:56 PM
firthermor.bsky.social
“Clarence Thomas may have been taking another billionaire-funded trip on that yacht we just targeted in the Caribbean.”
Marco Rubio whispering in Trump’s ear.
October 9, 2025 at 1:32 AM
firthermor.bsky.social
Members of the National Guard are gathered on a street corner below a banner of George Washington with his mouth gagged.
October 3, 2025 at 1:30 PM
firthermor.bsky.social
“Ultimately, Illston ‘assume[d] without deciding that at least some ARRPs may include pre-decisional and deliberative materials,’ because she found that ‘the need for accurate fact-finding overrides the government’s interests in non-disclosure.’ (More on the protective order question below.)”
After the U.S. Supreme Court issued its two-paragraph order tossing out Illston's preliminary injunction that had stopped the Trump administration from implementing government-wide mass firings, the plaintiffs asked for Illston to consider anew requests that the government turn over the specific agency proposals for those reductions-in-force (RIFs), which DOJ epposed. Those plans- Agency RIF and Reorganization Plans (ARRPs) — were not a part of the initial injunction before the Supreme Court. That injunction only addressed the challenge to President Donald Trump's executive order and the joint implementation memo from the Office of Personnel Management and Office of Management and Budget.
October 1, 2025 at 3:46 PM
firthermor.bsky.social
“Using RIFs in this context is uncharted territory. Neither the Merit Systems Protection Board (MSPB) nor the federal courts have squarely addressed whether a lapse in appropriations legally justifies the permanent removal of federal employees.”

www.lawfaremedia.org/article/redu...
In the end, the administration's effort to use a shutdown as a springboard for permanent workforce cuts tests the limits of both law and politics. Courts are unlikely to second-guess large-scale RIFs so long as agencies follow the rules, leaving Congress as the real check on executive overreach. Whether lawmakers choose to act will determine if shutdowns remain temporary disruptions-or become a powerful tool for reshaping the federal workforce.
September 30, 2025 at 10:08 PM
firthermor.bsky.social
They will only want this to apply while they still have the majority. Of course, they will not want to give up easily the possibility of retaining this majority.
In a nutshell, the trilogy appears to stand for the (new) proposition that courts not only may, but must, consider the possibility that a party is likely to prevail even if the governing precedent is squarely to the contrary—if it’s a case in which the Supreme Court is likely to overrule that precedent. In other words, courts are now under an obligation to issue equitable relief even in contexts in which they’re not allowed to rule for the party on the merits—where, at the Supreme Court’s own insistence, they’re unquestionably bound to follow the relevant precedent until it is overruled.
September 25, 2025 at 2:40 PM
firthermor.bsky.social
You might still have some nearby, even over the winter. I was very surprised to see one relatively close to home one winter, but never wintering in my yard. I suspect those that remain retreat to the woods.
Range map for the Gray Catbird. The year round range extends along the eastern seaboard from northern Florida to Cape Cod, Massachusetts.
September 24, 2025 at 12:17 AM
firthermor.bsky.social
Connecticut Warbler.
Kentucky Warbler.
Tennessee Warbler.
There is a Canada Warbler, but no provincially-named warbler (e.g., Saskatchewan Warbler, Ontario Warbler, or Nunavut Warbler).
Range map for Bell’s Vireo. The northern extent of its range does not extend ito Canada.
September 23, 2025 at 12:12 AM
firthermor.bsky.social
Unfortunate labeling. At least it was not orange pekoe.
A bottle labeled “ JUST ICE TEA” (peach oolong tea) sits atop a picnic table while there is an ongoing ICE surge ongoing nearby in Washington, DC. At least it was not orange pekoe.
September 21, 2025 at 2:59 PM
firthermor.bsky.social
Here are some options and recommendations for audiobooks that provide a variety of genres and listening experiences.
Piranesi by Susanna Clarke North Woods: A Novel by Daniel Mason American Ramble: A Walk of Memory and Renewal by Neil King Jr. The Backyard Bird Chronicles by Amy Tan
September 19, 2025 at 9:46 PM
firthermor.bsky.social
To counteract the central bank’s lack of independence relative to high finance, there is a good case to be made not for less democratic accountability but for more. As the political theorist Leah Downey argues in her timely book, “Our Money,” if we conducted monetary policy as if democracy mattered, we might consider a system of periodic reviews of the central bank. This iterative process could extend to the central bank’s mandate. Should we limit it to price stability and maximum employment, as currently written into law? Might we add decarbonization objectives or other projects of industrial policy, for instance? Or should the Fed limit itself to delivering on its mandate by ensuring an abundant flow of credit?
September 15, 2025 at 3:40 PM
firthermor.bsky.social
A Ruby-throated Hummingbird is caught preparing to nectar on jewelweed. The jewelweed at the edge of a marsh was providing an abundant and rich nectar source for several Hummingbirds and they were making sure to take their fill.
A Ruby-throated Hummingbird caught preparing to nectar on jewelweed (orange blossoms) at the edge of a marsh.
September 11, 2025 at 1:47 AM
firthermor.bsky.social
A look into the scrub-shrub wetland showcasing its diversity and vitality even as the season starts to crest and fall arrives.
A view into the scrub-shrub wetland. It is vibrant even as the leaves are starting to change as fall arrives early. Water in a low spot can be seen in the center of the foreground. Shrubs and shorter trees can be seen on the right and in the background. A Gray Catbird was here singing, but is not in the picture. Another view into the scrub-shrub wetland. It is vibrant even as the leaves are starting to change as fall arrives early; dark reds, yellow-greens, muted greens, light colored blossoms can be seen. Shrubs can be seen throughout and shorter trees appear in the background.
September 11, 2025 at 1:05 AM
firthermor.bsky.social
The riotous chaos season of early fall has arrived at a scrub-shrub wetland. The plants are thriving. There is very good diversity. Leaves have started to change color. Fall blooming plants are at their peak and offering their nectar to a variety of insects and to hummingbirds.
#SenseOfTrail
A boardwalk starts from the foreground and leads to the background through a scrub-shrub wetland. The vegetation flanking the boardwalk looks vibrant and has a mix of color. Some leaves are changing color. The trees in the background and on the right side of the trail are slightly stunted. The boardwalk in the first picture continues through the scrub-shrub wetland starts from the foreground; takes a quick slight turn to the right; and veers to the left in the background through a scrub-shrub wetland. The vegetation flanking the boardwalk looks vibrant and has a mix of color. Some leaves are changing color. The trees in the background and on the right side of the trail are slightly stunted.
September 11, 2025 at 1:05 AM
firthermor.bsky.social
Felony murder.

www.justsecurity.org/120296/many-...
3. Murder under Title 18 of the U.S. Code Section 1111(b) of Title 18 of the U.S. Code makes it a felony to commit murder-defined as "the unlawful killing of a human being with malice aforethought"-within the "special maritime and territorial jurisdiction of the United States," which is defined to include the high seas (see 18 U.S.C. § 7(1)). See also 18 U.S.C. § 956(a)(1) (making it a felony to conspire within the United States "to commit at any place outside the United States an act that would constitute the offense of murder ... if committed in the special maritime and territorial jurisdiction of the United States" if "any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy"). Based upon the information that's been made public thus far, there doesn't appear to be any explanation for why the strike here, and the planning for it in the United States, did not violate these laws.
September 10, 2025 at 4:11 PM
firthermor.bsky.social
Brett Kavanaugh does not appear to understand this: “under laws passed by Congress and the President.”
From Brett Kavanaugh’s explanation on the shadow docket decision on lifting the stay on restrictions placed on ICE using roving patrols and using appearance for stops: “To be sure, I recognize and fully appreciate that many (not all, but many) illegal immigrants come to the United States to escape poverty and the lack of freedom and opportunities in their home countries, and to make better lives for themselves and their families. And I understand that they may feel somewhat misled by the varying U.S. approaches to immigration enforcement over the last few decades. But the fact remains that, under the laws passed by Congress and the President, they are acting illegally by remaining in the United States at least unless Congress and the President choose some other legislative approach to legalize some or all of those individuals now illegally present in the country. And by illegally immigrating into and remaining in the country, they are not only violating the immigration laws, but also jumping in front of those noncitizens who follow the rules and wait in line to immigrate into the United States through the legal immigration process. For those reasons, the interests of”
September 9, 2025 at 1:01 PM
firthermor.bsky.social
The reporting has already worked its way into the court case.

storage.courtlistener.com/recap/gov.us...
2 Indeed, on the same day that the Government filed its Supplemental opposition calling Governor Cook’s pretext argument “baseless,” public reporting indicated that at least three officials in President Trump’s cabinet have listed more than one primary residence on their loan papers. See Robert Faturechi, et al., Trump Is Accusing Foes With Multiple Mortgages of Fraud. Records Show 3 of His Cabinet Members Have Them., ProPublica (Sept. 4, 2025), https://www.propublica.org/article/trump-cabinet-mortgage-fraud. Apparently, these same “facial contradictions” in cabinet officials he can fire at-will were not enough for him to do so, but the President claims they are sufficient to support a firing when real, adequate “cause” is required.
September 5, 2025 at 2:52 PM
firthermor.bsky.social
“the Board is asking to amend the 2019 plan to add additional shares, to pay out to everyone else.” Based on the Board’s use of the 2019 equity compensation plan: or to add to Elon’s compensation. 😉
And, because the sudden grant to Musk from this summer depleted the shares available to pay other employees (which was what the 2019 plan was intended to do), the Board is asking to amend the 2019 plan to add additional shares, to pay out to everyone else.
September 5, 2025 at 2:31 PM