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Gabriel Malor

@gabrielmalor

Oklahoman in Virginia. Appellate attorney. I talk about federal court decisions. A lot. Sometimes the most you can do is the best you can do. gabriel.malor@gmail.com

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24.07.2023
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Latest posts by Gabriel Malor @gabrielmalor

After the Burn, they're still just hanging out with Omega? For funzies?

Bad plan.

06.03.2026 04:58 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Hey, if you're single in Spotsylvania County, come over for dinner. I want to introduce you to an interior designer (man who is into men) and an architect (woman who is into men).

06.03.2026 04:27 πŸ‘ 36 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0

Actual thing the DH said (names redacted): M and C are single now, they need somewhere to have dinner.

🀦

06.03.2026 04:25 πŸ‘ 22 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Family dinner night (Friday) has ballooned from six adults and two kids to eleven adults and three kids bc family friends (love 'em, but) are now invited.

I'm running out of recipes that feed this many that aren't Mexican (because I run home to my roots when I'm pushed).

06.03.2026 04:23 πŸ‘ 262 πŸ” 8 πŸ’¬ 19 πŸ“Œ 7

Oh, I know. I'm certain these are the most perfect pups who ever pupped.

06.03.2026 03:13 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

(Day 50)

06.03.2026 02:59 πŸ‘ 10 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
A black lab puppy sits inside an indoor pen. She's looking towards the camera, and both of her ears are turned out so she's got the pink showing. There's a tug rope on the floor next to her.

A black lab puppy sits inside an indoor pen. She's looking towards the camera, and both of her ears are turned out so she's got the pink showing. There's a tug rope on the floor next to her.

MIssy flips her ears up so much we've been calling her Princess Leia.

06.03.2026 02:58 πŸ‘ 105 πŸ” 3 πŸ’¬ 2 πŸ“Œ 0
Post image

Arkansas SCT, 2002: We reject Whren under our state constitution, and hold that pretextual stops and arrests violate it.

Arkansas SCT, today: We were wrong in 2002, and we embrace Whren under the state const today. Pretexts aren't unconstitutional.
opinions.arcourts.gov/ark/supremec... #N

06.03.2026 02:32 πŸ‘ 23 πŸ” 14 πŸ’¬ 3 πŸ“Œ 2

The thing about Jessup is that he is a delusional coward who likes barking old chestnuts about abstractions like "honor" and "code," while it's the JAG lawyers and the enlisted marines who deal in the realities of what an operational military actually involves. So I see why these guys like him

06.03.2026 00:40 πŸ‘ 270 πŸ” 36 πŸ’¬ 8 πŸ“Œ 0

Clever. Definitely worth a shot. But a long shot.

06.03.2026 00:32 πŸ‘ 18 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
Landrum has prior drug trafficking felonies, and he committed his Β§ 922(g)(1) offense while on supervised release. So, he concedes that Kimble and Giglio mean he can be constitutionally disarmed pursuant to the Second Amendment. But he points out that these decisions had not been handed down at the time of his offense conductβ€”his possession of the firearm in November of 2023. He thus avers that at the time of his offense, an ordinary person with his history would not have had β€œfair warning” that he could not possess a firearm. That is, he contends that Bruen and Diaz rendered Β§ 922(g)(1) unconstitutionally vague by requiring courts to perform unpredictable historical analyses to determine the constitutionality of convictions under the statute.   There are two fatal problems with Landrum’s argument. First, the vagueness doctrine requires that the challenged statute itself be unconstitutionally vague.18 Landrum does not argue that Β§ 922(g)(1) itself is vague, nor could he: the statute β€œclearly defines the prohibited conductβ€” possessing a firearm as a felon.”19 That clarity is dispositive.

Landrum has prior drug trafficking felonies, and he committed his Β§ 922(g)(1) offense while on supervised release. So, he concedes that Kimble and Giglio mean he can be constitutionally disarmed pursuant to the Second Amendment. But he points out that these decisions had not been handed down at the time of his offense conductβ€”his possession of the firearm in November of 2023. He thus avers that at the time of his offense, an ordinary person with his history would not have had β€œfair warning” that he could not possess a firearm. That is, he contends that Bruen and Diaz rendered Β§ 922(g)(1) unconstitutionally vague by requiring courts to perform unpredictable historical analyses to determine the constitutionality of convictions under the statute. There are two fatal problems with Landrum’s argument. First, the vagueness doctrine requires that the challenged statute itself be unconstitutionally vague.18 Landrum does not argue that Β§ 922(g)(1) itself is vague, nor could he: the statute β€œclearly defines the prohibited conductβ€” possessing a firearm as a felon.”19 That clarity is dispositive.

Argument: Bruen rendered the felon-in-possession ban unconstitutionally vague by requiring courts to perform unpredictable historical analyses to decide the constitutionality of convictions as applied.

5th Cir.: nah, bruh.

www.ca5.uscourts.gov/opinions/pub...

06.03.2026 00:28 πŸ‘ 33 πŸ” 6 πŸ’¬ 2 πŸ“Œ 1

Leaking these out bit by bit over time sure seems like a swell strategy

06.03.2026 00:06 πŸ‘ 1818 πŸ” 325 πŸ’¬ 53 πŸ“Œ 1
Preview
ChiHeadlineCA7Opn030526

JUST IN: 7th Cir. panel splits, 2-1, on resolving moot Chicago ICE protest case. Brennan/Scudder (Trump) wipe out dist ct's 'constitutionally suspect' injunction. Easterbrook (Reagan) would just dismiss appeal, sees majority violating party presentation www.documentcloud.org/documents/27...

05.03.2026 23:03 πŸ‘ 27 πŸ” 15 πŸ’¬ 1 πŸ“Œ 0

Kristi Noem smeared dead Americans as β€œdomestic terrorists.” She sent some asylum seekers to a third-world prison without due process. She spent hundreds of millions of taxpayer dollars promoting herself.

Taxpayers paid her while she lied to them. That's her legacy.

05.03.2026 22:30 πŸ‘ 77 πŸ” 21 πŸ’¬ 3 πŸ“Œ 1

Markwayne is actually a noble title, and is the Oklahoma equivalent to "Marquis," and may be passed on at the same time your father gives you his car dealership

05.03.2026 19:56 πŸ‘ 4655 πŸ” 743 πŸ’¬ 81 πŸ“Œ 32

🚨 THIS IS NOT A DRILL. kristi noem is doing a live speech right now and doesn't know she was fired. 🚨

05.03.2026 19:23 πŸ‘ 4073 πŸ” 707 πŸ’¬ 131 πŸ“Œ 125
Donald J. Trump
@realDonald Trump
I am pleased to announce that the Highly Respected United States Senator from the Great State of Oklahoma, Markwayne Mullin, will become the United States Secretary of Homeland Security (DHS), effective March 31, 2026. The current Secretary, Kristi Noem, who has served us well, and has had numerous and spectacular results (especially on the Border!), will be moving to be Special Envoy for The Shield of the Americas, our new Security Initiative in the Western Hemisphere we are announcing on Saturday in Doral, Florida. I thank Kristi for her service at
"Homeland."
Serving 10 years in the United States House of Representatives, and 3 in the Senate, Markwayne has done a tremendous job representing the wonderful People of Oklahoma, where I won all 77 out of 77 Counties β€” in 2016, 2020, and 2024! A MAGA Warrior, and former undefeated professional MMA fighter, Markwayne truly gets along well with people, and knows the Wisdom and Courage required to Advance our America First Agenda. As the only Native American in the Senate, Markwayne is a fantastic advocate for our incredible Tribal Communities.
Markwayne will work tirelessly to Keep our Border Secure, Stop Migrant Crime, Murderers, and other Criminals from illegally entering our Country, End the Scourge of Illegal Drugs and, MAKE AMERICA SAFE AGAIN. Markwayne will make a spectacular Secretary of Homeland Security. Thank you for your attention to this matter!
PRESIDENT DONALD J. TRUMP
865 ReTruths 2.64k Likes
Mar 05, 2026, 1:41 PM

Donald J. Trump @realDonald Trump I am pleased to announce that the Highly Respected United States Senator from the Great State of Oklahoma, Markwayne Mullin, will become the United States Secretary of Homeland Security (DHS), effective March 31, 2026. The current Secretary, Kristi Noem, who has served us well, and has had numerous and spectacular results (especially on the Border!), will be moving to be Special Envoy for The Shield of the Americas, our new Security Initiative in the Western Hemisphere we are announcing on Saturday in Doral, Florida. I thank Kristi for her service at "Homeland." Serving 10 years in the United States House of Representatives, and 3 in the Senate, Markwayne has done a tremendous job representing the wonderful People of Oklahoma, where I won all 77 out of 77 Counties β€” in 2016, 2020, and 2024! A MAGA Warrior, and former undefeated professional MMA fighter, Markwayne truly gets along well with people, and knows the Wisdom and Courage required to Advance our America First Agenda. As the only Native American in the Senate, Markwayne is a fantastic advocate for our incredible Tribal Communities. Markwayne will work tirelessly to Keep our Border Secure, Stop Migrant Crime, Murderers, and other Criminals from illegally entering our Country, End the Scourge of Illegal Drugs and, MAKE AMERICA SAFE AGAIN. Markwayne will make a spectacular Secretary of Homeland Security. Thank you for your attention to this matter! PRESIDENT DONALD J. TRUMP 865 ReTruths 2.64k Likes Mar 05, 2026, 1:41 PM

NEWS: President Trump says Sec. Kristi Noem is out at DHS.

Trump also says that Oklahoma Sen. Markwayne Mullin will be his next nominee for secretary of DHS, although Trump doesn't word it that way.

Finally, he says Noem will have a new federal role in a new initiative soon to be announced.

05.03.2026 18:57 πŸ‘ 647 πŸ” 118 πŸ’¬ 47 πŸ“Œ 54
Preview
Twenty-Four States Led by Oregon File Lawsuit Challenging Trump's Section 122 Tariffs NA Today, 24 states led by the state of Oregon filed the first lawsuit challenging Donald Trump's massive new Section…

24 states led by Oregon just filed first lawsuit challenging Trump's massive and illegal Section 122 tariffs. See my post for more, including why lawsuit deserves to prevail: reason.com/volokh/2026/...

05.03.2026 18:14 πŸ‘ 43 πŸ” 18 πŸ’¬ 3 πŸ“Œ 1
It may very well be the case that the federal government will at some pointβ€”perhaps even in the near futureβ€”remove marijuana from Schedule I of the CSA.  But that is a decision for the political branches of the federal government, not for the judiciary.  This Court is obliged to apply the law as it currently stands.

It may very well be the case that the federal government will at some pointβ€”perhaps even in the near futureβ€”remove marijuana from Schedule I of the CSA. But that is a decision for the political branches of the federal government, not for the judiciary. This Court is obliged to apply the law as it currently stands.

Dept of Labor orders insurance carrier to pay for Petitioner's medical care.

Doctor prescribes medical marijuana under state law.

Dept of Labor says insurance carrier does not have to reimburse for marijuana bc it's a Schedule I drug.

2d Cir.: that tracks.

ww3.ca2.uscourts.gov/decisions/is...

05.03.2026 17:47 πŸ‘ 17 πŸ” 3 πŸ’¬ 0 πŸ“Œ 1
an x post from baseball dan that says trump is a buffoonish carnival barker who has no business being president and yet he is somehow a more serious figure than biden harris or walz

an x post from baseball dan that says trump is a buffoonish carnival barker who has no business being president and yet he is somehow a more serious figure than biden harris or walz

another all timer from the yelly baseball friends and neighbors

05.03.2026 16:09 πŸ‘ 70 πŸ” 8 πŸ’¬ 5 πŸ“Œ 1

This article has at least five typographical errors. Did NBC fire all its copy editors?

05.03.2026 16:13 πŸ‘ 34 πŸ” 2 πŸ’¬ 1 πŸ“Œ 0

Sorry I'm not more open-minded about LLMs, it's just some fucking maniacs shoveled out a bunch of useless bloatware featuring that technology, did not give me any chance to opt out, reorganized the entire economy around it, zeroed out gains made by green energy, and made it impossible to buy RAM

05.03.2026 05:17 πŸ‘ 16630 πŸ” 5472 πŸ’¬ 126 πŸ“Œ 99
Preview
β€˜Nazi heaven’: Inside Miami campus Republicans’ racist group chat The chat is the subject of a Florida International University police investigation.

The secretary of Miami-Dade County’s GOP started a group chat for conservative students β€” and within 3 weeks, it was filled with over 400 instances of the N-word, Nazi rhetoric and writings of "dozens of ways of violently killing Black people"

05.03.2026 03:14 πŸ‘ 5502 πŸ” 2635 πŸ’¬ 280 πŸ“Œ 576

(This is why I don't have quite the fondness for the film that everyone else has because that got old fast.

Every year the DH's family watches it together and I read a book.)

05.03.2026 03:23 πŸ‘ 16 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Right after Home Alone came out people repeatedly stopped me when we were in public because they thought I was Macaulay Culkin.

I was asked to do the aftershave thing an insane number of times.

05.03.2026 03:11 πŸ‘ 33 πŸ” 1 πŸ’¬ 2 πŸ“Œ 1

Kawashima v. Holder

05.03.2026 02:25 πŸ‘ 7 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

JUST IN: AG Pam Bondi purports to 'ratify' Kash Patel's firing, 5 months ago, of FBI agents who kneeled at 2020 #BLM protest. Doc: storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2025/12...

05.03.2026 01:04 πŸ‘ 70 πŸ” 32 πŸ’¬ 3 πŸ“Œ 0
Preview
Iowa House passes governor's 'MAHA' bill, adds new K-12 requirements β€’ Iowa Capital Dispatch House lawmakers added several other proposals related to food and physical activity for Iowa K-12 students as amendments to the MAHA bill.

This bill removes nutrition requirements for school lunches, but makes ivermectin OTC, lol. MAHA is so fucking dumb.

05.03.2026 00:44 πŸ‘ 173 πŸ” 41 πŸ’¬ 8 πŸ“Œ 7

Y'know, for about thirty minutes there I was absolutely convinced that tomorrow is Friday.

05.03.2026 00:16 πŸ‘ 41 πŸ” 0 πŸ’¬ 4 πŸ“Œ 0