Thursday, July 27, 2023

 ) (“[T]he only court that can overturn a Supreme Court precedent is the Supreme Court itself.” (citations omitted)); Nat’l Coal. for Men v. Selective Serv. Sys., 969 F.3d 546, 547 (5th Cir. 2020) (“[O]nly the Supreme Court may revise its precedent.”).


Inferior courts must follow directly applicable Supreme Court precedent that has not been overruled or modified. See, e.g., Freedom From Religion Found. v. Mack, 4 F.4th 306, 315 (5th Cir. 2021) (“We are bound to follow the Supreme Court precedent that most squarely controls our case.”). 

us v vargas 5th cir. 2023.



Wednesday, July 26, 2023

 $13,000

3,963.96 Square Feet

3555 Linden St, Indianapolis, IN 46227


1641 E Southern Ave 12,000 southern and state. 

Monday, July 24, 2023

wednesday plans:

noon zoom. missed. 

1:30 work meeting. kid, shorts. slightly late. kid wasn't there today.

x plasma. $100;

scrap yard. 

sort car! did some. but got more stuff.

clean front steps, kitchen, stairs.

church or standup. no one at church.

what am i forgetting?

bike, lawn mower.

oil change, car repair, lights, stewart electric.

did: looked at 2 properties.  more boxes of food. checked 6 places. 

thursday, crackers. 

pay 1-90 toll.

write letter to kokmo church

email tommy.

museum. 

make comic. 


bags, fred's tree serivice, look for phone.

Fred & Son's
314 East Cragmont Dr
Indianapolis, IN 46227

(317) 708-4255



tuesday: club. worked. grease trap, 7 cops, groceries. made ice. 

 monday plans

x laundry

x bank

sort van

x dishes

stairs

clean bathroom -only slightly. bath.

look for phone.

x comic

better list.

oppenheimer was sold out. all i found was a box of food, some scrap metal, a keurig, a wastebasket, another box of food. 3 pizzas, two matching puppy stuffed animals. 

i could go back for the big screen tv and the wood. 


Thursday, July 20, 2023

 the indiana supreme court's opinion turned down a facial challenge to the statute, saying if there's even one case where the statute is ok that is enough to defeat a facial challenge, but left it very clear they welcome as-applied challenges. so that could be the next step; a series of as-applied challenges that would chip away at the statute.


that's how mccain-feingold was dealt with. a facial challenge, mcconnell v fec, lost, by opponents kept chipping away at it with as-applied challenges, of which the strongest so far has been citizens united. 


on the other hand, in crawford v marion county, a facial challenge to the voter ID statute lost, and there haven't been as-applied challenges. 


the lawyers here are the aclu's ken faulk and gavin rose. they are very good lawyers - i've met them-  and not likely to just go away. 


if you know of a person who has particular circumstances with a pregnancy that would result in them being a good test case, please have them contact the aclu. here https://action.aclu.org/give/support-aclu-indiana is a link to donate to aclu.

Tuesday, July 18, 2023

 what are my side hustles?

1. day job

2. oil well

3. social security

4. vacant lots

5. renting rooms

6. law

7, recycling company

8. bank bonuses

9. class actions

10. (cleaning restaurants)

11. estate

12. plasma

13. medical studies

14. (referrals to medical studies)

15. portfolio/tesla.

what are my side hustles?

1. day job                              17k 2022

2. oil well                                5K 2022

3. social security                    7k 2023

4. vacant lots                         (10k)

5. renting rooms                    2 cars

6. law                                    ---

7, recycling company          200 scrapyard. 3K avoided food expense

8. bank bonuses                    $1000 a year.

9. class actions                     $155. 2023

10. (cleaning restaurants) 

11. estate                              someday. $1000 this year.

12. plasma                           4k

13. medical studies             1k 2023

14. (referrals to medical studies) ---

15. portfolio/tesla.              1K+

Friday, July 14, 2023

 Dear Senator Freeman,

 I am writing today to both of your hats, as senator and as a lawyer.

Senator first: Thank you for requesting the AGO from AG Rokita. While I haven't found the text anywhere, the upshot was to confirm that Mayor Hogsett's gun ordinance is unlawful. As a Marion County republican and gun rights supporter, I appreciate this.

I am not your constituent. I live in house district 100, which I ran for back in 2010. Recently I wrote to my state rep, Mr. Johnson, and never heard back. I was writing to request that he request an AGO on the constitutionality of IC 3-9-3-2.5, the disclaimer statute that requires you to put "paid for by __" on your political signs.

The reason that the statute is 2.5 is that the previous statute, IC 3-9-3--2, was found unconstitutional in Stewart v Taylor,  953 F. Supp. 1047 (S.D. Ind. 1997), https://law.justia.com/cases/federal/district-courts/FSupp/953/1047/1746959/, after one of my signs was confiscated at a polling place. 

The new statute is equally unconstitutional for the same reasons.

I suspect that AG Rokita might agree, especially in light of 303 Creative, 6/30/23, in which the Supreme Court once again held that compelled speech violates the First Amendment. 

That would accomplish my objective without the time and expense of a lawsuit. Is this something you would be willing to do for me?

The request could be as simple as "Dear Attorney General Rokita, does IC 3-9-3-2.5 violate the federal or state constitutions, in light of 303 Creative and Price v Indiana?" You know the format better than I do since you have just been through it. 

Thanks in advance for your time.

Now I'll switch hats. Let me give you a quick elevator pitch for a lawsuit, and if it interests you I'd be happy to meet and discuss further. 

I have a multi-issue dispute with the Marion County Elections Board.

First there's the sign issue. They are threatening to enforce the disclaimer law against me again. Since I have beaten them on this once, I think there is some potential for non-trivial damages. I settled my case for $7,000. The Mulholland case, similar issues, was settled for $70,000. 

Next, it looks like they didn't count my provisional vote in the fall election, which might or might not be actionable, and there's a public records dispute because since January they have been unwilling to tell me whether or not my vote was counted. 

Next, in the Spring primary, the precinct official at the voting center at St Mark's church did not allow me to vote a provisional ballot, and threatened me with arrest when I attempted to document this on video. The Board had denied me press credentials because my reporting is online rather than in traditional media.

So as you can see there are several potential torts there.

OK, I guess that's about it. Thanks again. 

Sincerely, Robbin Stewart.  





Thursday, July 13, 2023

 thursday daily task list

unload van

scrap run

buy bags.

x stop by work

plasma? x po box? 

call tommy

x memos.

clean stairs.

x borax/sugar

wash dishes.

shower.

x flea bomb?

x comic.

find phone.


Saturday, July 01, 2023

 test. we are in syracuse new york on our way to berlin