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Discussion (69 Comments)Read Original on HackerNews
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.
* https://en.wikipedia.org/wiki/Shadow_docket
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.
The first Trump admin filed 41.
Biden filed 19.
The second Trump admin filed 32 in 2025 alone.
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.
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.
(sarcasm intended)
The recent trip of the Canadian PM to China is but the most visible part of this shift. That's at govt level, but I've seen it happen all the way down to individual level.
US products are typically more expensive here than Chinese. But at least you were buying from a friendly supplier. That distinction is eroding quickly. In my experience it's forced people to try Chinese, and generally been surprised (in a good way) over quality and features.
And yes, the price of oil has focused people much more at the EV market. (Not least because people with an EV already aren't shy about gloating). Pretty much everyone I talk to, who would buy a car "new" tells me their next one will be electric. The tipping point is coming much faster than most people think.
This was predicted in The Economist awhile back, that if the US blocked Chinese imports a tsunami of Chinese goods would flood other countries and now it's happening. Those countries will also, in turn, erect trade barriers, or suffer the devastation that massive Chinese dumping causes.
So it's a nice protest gesture, but it's a cutting off your nose to spite your face gesture.
This is the federal government. When they collect taxes it is the minus operation that corresponds to the plus operation when they spent it initially.
Can it be at all lawful to retaliate though?
Law firms blackmailed into doing pro bono work for Trump's pet causes, intelligence analysts not able to tell the truth, energy companies giving up wind leases and switching to fossil fuels. And of course the constant shakedowns for cash.
In his recent interview Emil Michael (DoW undersecretary, "AI czar") even mentions that the Anthropic case served as motivation for Google folding.
It is a shame that Google's leadership is so spineless. On the minuscule off-chance any of those VPs are reading HN - you are bad and you should feel shame for increasing x-risk for a percentage point of profit.
Not just for accountability sake, but if that gentleman could come back in here and outline what he thinks is going on that would be quite interesting.
More than 50% of voters voted for Trump. Even today >30% (of everyone) think he's doing a good job. (Ie about equal to the voters in absolute number terms). Lots of people believe eat he is doing is legal simply because he is doing it.
https://www.youtube.com/watch?v=gzwRflcLPAA&t=2479s
Super interesting pov from the person who recommended the supply risk designation.
I hope I’m wrong…
The modern method of "ruling by Executive Order/Action" is a clever political ruse. It garners a lot of attention to decree an EO on some wedge issue, doesn't it? It stirs the pot quite effectively, even if the EO isn't, in fact, effective to do anything at all.
Ruling by EO is a way to keep campaign promises. It's a way to assuage constituents and donors and benefactors, "hey, I'm doing what you wanted from me!" and it's a way to keep ahold of the narrative. What it isn't, is effective governance. The USA is not ruled by decree. The EOs, if they are on subjects that are normally the remit of the judicial or legislative branch, may not do much, if anything at all. The President can say he's meddling with the national budget; the media can say he's meddling; the citizens can all complain that he's meddling, but only Congress can actually do budgetary things. The "#nokings" protests are attacking a straw man, because the USA has no king indeed. We uphold the Constitution in this house.
A lot of EOs simply get blocked or countermanded or never take effect, and remain as Presidential Suggestions or Presidential Wishful Thinking entirely. And nobody notices when they fizzle: they only notice when the pen hits paper and they supposedly take effect. They fulfill his promises. They galvanize the base. They assuage benefactors.
Don't be fooled, though. Ruling by EO is simply another layer of lawfare. It's not effective governance and it's not intended to be. It's intended to confuse and beguile you. What is it that Sun Tzu and Saul Alinsky said about having power? Check on that first.
You’re point about /effective/ governance makes sense. To that I agree, often the EOs are overturned or have little affect.
However, the damage EOs cause is very real, lasting, and can be disastrous. For example Trumps tariffs, while ineffective at their (stated) goal, were eventually overturned. But the damage they caused will be very long lasting. Supply chains are organic, they respond to outside forces, when those forces cause them to shift and change. Rarely do they on their own shift back.
Prevent everyone from doing it or don't prevent anyone. You can't single out and cripple only one country.
I don't imagine that this was Anthropic's intent anyway. They were just trying to say that it shouldn't be used for warfare. Respectable, but short sighted considering that they couldn't stop other people from using it for that same purpose.
The 'national security risk' is imaginary and exists solely in the minds of the government morons in charge of AI policy
That's some garbage. Anthropic had two red lines: 1) no lethal autonomous warfare without a human in the loop, and 2) no mass surveillance of Americans. How is that something the average user is capable of? How are those red lines creating a national security risk?
These were not special terms for the U.S. government, they were a part of the usage policy since 2024. Governments are not in the same class as the average user, their capability and potential for misuse of the service is not comparable. There is no reason why the U.S. government should dispute those terms, and their reaction was dystopian.
Because he is a shameless crook who heads up a corrupt administration
> These rulings are typically overturn at some point in the appeals process up to the Supreme Court, which has mostly upheld them as legal.
Gee I wonder why that is!!