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firefoxd 2 hours ago

The law is too slow. It's like a horse carriage in the age of twitter. Why can't they expedite for special cases? Not even defending Antropic or any company. Just that if a tweet can cause damage in seconds, the law shouldn't be too far behind.

throw0101a 2 hours ago | parent | next [-]

> Why can't they expedite for special cases?

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

oatmeal1 41 minutes ago | parent | next [-]

It's not unusual that the "shadow docket" orders have limited briefings when the extent of the ruling/order is usually procedural, as opposed to ruling on the merits of the case.

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.

bpodgursky an hour ago | parent | prev [-]

This is not really due to political balance as much as wanting to respect the standard escalation process and maintain decorum. They would rather that lower judges give proper justified rulings rather than spit out binding decisions on a whim without oral arguments, unless there's really an emergency.

Refreeze5224 an hour ago | parent | next [-]

Absolutely nothing about how the Supreme Court works nowadays has respect for standard process or decorum. It's merely a shield to hide behind when it's convenient, to be ignored when it's useful.

fny an hour ago | parent | prev [-]

Bush and Obama filed 8 emergency applications across their presidencies (16 years.)

The first Trump admin filed 41.

Biden filed 19.

The second Trump admin filed 32 in 2025 alone.

jimmaswell an hour ago | parent [-]

Ok? This is a total non-sequitur.

jstummbillig 23 minutes ago | parent | prev | next [-]

Mostly, the law is not creating the right incentives. In this case in particular, I don't think it's so much a matter of speed: I suspect the current US admin would still sow the chaos they do to the same degree if it was ruled illegal within a week instead of within months.

ElProlactin 9 minutes ago | parent | next [-]

You're right: the current administration would find a way because they don't care what the law says. The law, to them, is a system to be hacked when necessary.

Many Americans take for granted the idea that the US is a "nation of laws" and that "rule of law" governs above all else. But the reality is this: there is no such thing as a perfect legal system.

You can have a strong legal system by design (good oversight, various checks and balances, etc.) but in practice, any system is only as good as the most powerful people are decent and respectful of it.

If you have someone in the most powerful position (the executive) who doesn't respect the law and who isn't willing to, with wisdom in his or her heart, exercise restraint with the understanding that protecting the integrity of the system is ultimately more important than getting your way, the law stands no chance.

mrandish 15 minutes ago | parent | prev [-]

Agreed. There's little doubt the admin knew they'd lose in court before they did it but they also knew it would still hurt Anthropic and make an example showing what happens to "any vendor who tries to put restrictions on the DoW's use of their product."

smuhakg 7 minutes ago | parent | prev | next [-]

They do. It's called a preliminary injunction, which Anthropic obtained back in March.

injunction in question: https://assets.bwbx.io/documents/users/iqjWHBFdfxIU/rYKRX7EU...

Such an injunction is granted when a party can show they have "irreparable harm" if not for the injunction and would likely succeed on the merits of the case.

> Anthropic has submitted concrete, non-speculative evidence of the ongoing harms to its liberty interests. Within days, many large enterprise customers signaled that publicly doing business with Anthropic over competitors was not worth it. (Dkt. No. 6-4 ¶ 16.) Three government contractor customers terminated their contracts with Anthropic, or were instructed to do so by Defendants; three deals valued at over $180 million fell apart despite being on the verge of closing; potential partners demanded additional protective contractual provisions such as unilateral termination; customers asked to cut short their contracts or reduced their amount, in some instances specifically mentioning the Challenged Actions; and others switched from Claude to competing generative AI tools. (Dkt. No. 6-4 ¶¶ 11–19; Dkt. No. 6-3 ¶ 33.) Anthropic’s Chief Financial Officer, Krishna Rao, projects that, depending on how broadly Anthropic’s customers interpret the Challenged Actions, Anthropic could lose between hundreds of millions and multiple billions of dollars in 2026 revenue. (Dkt. No. 6-5 ¶ 6.) Moreover, Defendants do not contest that Anthropic will be unable to obtain compensatory relief from the government, making its economic harm likely irreparable. E. Bay Sanctuary Covenant v. Biden, 993 F.3d 640, 677 (9th Cir. 2021); California v. Azar, 911 F.3d 558, 581 (9th Cir. 2018).

inigyou 2 hours ago | parent | prev | next [-]

The law is normally supposed to repay whatever damage you suffered while the law was running.

MBCook 39 minutes ago | parent [-]

What would that even be in a case like this?

frog42 an hour ago | parent | prev | next [-]

I thought I hated Web 2.0/3.0, but "age of twitter" made me actually feel ill.

mceachen an hour ago | parent [-]

age of xitter won't make you feel better.

27 minutes ago | parent | prev | next [-]
[deleted]
2 hours ago | parent | prev | next [-]
[deleted]
ImJamal 20 minutes ago | parent | prev | next [-]

Doesn't every company and person consider their case special?

physicalecon 2 hours ago | parent | prev | next [-]

Law was not in effect yet, and now it’s repealed. Cest la vie.

avaer an hour ago | parent | prev | next [-]

That's why the exploit of a social media savvy government is to overflow the system with so much slop (literally and figuratively) the law can never catch up. Your bug is their feature.

inigyou an hour ago | parent [-]

They call it "flooding the zone", it's an explicit strategy

colechristensen 2 hours ago | parent | prev [-]

>Why can't they expedite for special cases?

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.

3eb7988a1663 2 hours ago | parent | next [-]

  Anthropic didn't suffer any irreparable harm
This is a fast paced business environment where one company being explicitly disallowed by the government could create long-lasting damage. How many institutions might have gone with the safer OpenAI and will not revisit the decision?
adastra22 an hour ago | parent | prev | next [-]

I don’t know how you can say that. Anthropic’s reputation was destroyed by this, and A LOT of business deals happened before this injustice was corrected.

nl 5 minutes ago | parent [-]

> Anthropic’s reputation was destroyed by this,

Anthropic’s reputation was enhanced by this

Fixed that for you.

However it is true that there were some defence contractors who probably took Codex deals instead of Claude deals when this happened.

bulbar 2 hours ago | parent | prev [-]

You sure they didn't lose governmental contracts because of it?

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.