Will Baude

Instead of going to a New York or D.C.

firm, he saw a posting on the Gannon House bulletin board for a firm hiring in Hawaii and figured why not.

I admire that.

Yeah, me too.

I don't think the court would say so in so many words, but I think it just might affect how you think about it.

It might affect the extent to which you think of this as obvious hostility to the right.

Like, does the fact that this is happening in Hawaii only now mean it's just obviously those libs who hate guns trying to do sneaky anti-gun things?

Or are you more like, no, this is actually like...

a reasonable legislature using the aloha spirit to try to solve a social problem.

I think so.

I mean, I think they should be fine.

Sometimes the court doesn't think so.

Like sometimes in the speech context, if you enact a law that says something like, we are banning as much speech on the internet as we can, but caveat, we'll protect whatever we have to.

I think one of the early like anti-internet porn statutes more or less said that.

It had like a savings clause.

It was like, we're banning all the porn in all the different ways, but okay, whatever we can't ban because the First Amendment is saved.

And the court's like, you can't do that.

Right.

You're just literally saying we would like to walk as far up the line as we can.

We will let the court draw whatever line it wants.