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nationallawreview · 2 years
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Supreme Court Declines to Resolve Circuit Split on Exercise of Personal Jurisdiction in FLSA Collective Actions
Supreme Court Declines to Resolve Circuit Split on Exercise of Personal Jurisdiction in FLSA Collective Actions
On June 6, 2022, the Supreme Court of the United States declined to hear petitions seeking review of whether federal courts may exercise personal jurisdiction over claims of nonresident plaintiffs who join Fair Labor Standards Act (FLSA) collective actions when their claims are not connected to the defendant’s activities in the forum state. The petitions sought review of rulings on the issue by…
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silverfoxstole · 3 months
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Recording Shada in 2002.
From DWM 330, May 2003:
PAUL MCGANN
INTERVIEW BY GARY GILLATT
We first spoke in Vancouver in 1996…
[sings] Ah yes, I remember it well…
…And here we are in Bristol, years later, with James Fox and Andrew Sachs. Would you ever have thought it?
Well, when my agent was telling me about it, I thought we had a bad line. She said, ‘James Fox is in it, and Andrew Sachs, and so-and-so and such-and-such’ and I assumed I was mishearing. I mean, how could it be?
Were you familiar with the work of Douglas Adams?
Not really, only Hitchhiker’s Guide. I’m not a sci-fi reader at all, that’s not my thing. I didn’t really know a great deal about Adams – I certainly didn’t realise he was this amazing polymath. But Lalla speaks so eloquently and passionately about him, and I’ve come to understand why he was so well-loved and respected, and, of course, the quality of the script speaks for itself.
Are you enjoying playing the script?
Well, compared to last year’s plays, and the year before, you can definitely tell it’s from a different source. It has a different tack, and a whole different kind of wit. If you were at a blind tasting, and shown just a page or two of every script we’ve done, you’d easily spot that this one came from somewhere else, from a very fertile mind. It’s great stuff.
Everyone seems to have treated the script with great respect. Almost every line seems to be debated as you all try to get the best of out it.
Comedy is a very serious business. If it was a so-called straight drama, you probably wouldn’t find that much discussion.
So it’s exacting work?
Oh yes, very much so. If a thing is meant to be funny, you’ve got to make sure it’s funny, so you’ve got to get it right. In drama, your main directions are ‘quicker’, ‘slower’, ‘louder’, ‘quieter’. But on something like this you have to watch how you spin every word. It’s not something you can be lazy about.
I hear you’re missing India Fisher…
I sure am. Every time the studio door opens, I think she’s going to walk through. It’s the association with this place, where we do all these plays, and this is the first one we’ve done without her, so it seems very strange. She’ll be back next year, though, won’t she?
I certainly hope so. Will you?
Well, yes, that’s in the planning stages. Apparently, as was revealed to me yesterday, 2003 is the 40th anniversary of Doctor Who, and they’re planning something of a special with me and Davison and Sylv and Colin Baker. I think they’re going to have us as some sort of barbershop quartet or something.
So you’re still finding it fun, being the Doctor?
You sound very sure of yourself when you ask that… You’ve phrased the question to get the answer you want, I think!
Well, I guess as a fan, I’d like to think that Doctor Who likes being Doctor Who…
Well, I’ll put your mind at rest, then, because I am still enjoying it. I like working on audios more than on screen. Day in, day out, it’s just more of a laugh. Doing the visual work, on TV or in pictures, you never get to hang around with the rest of the cast. Here we can swap stories in the green room, or go off in a gang to the pub for lunch. When you’re working on pictures it’s not like that. You go in, do your little bit, and then you’re shunted off to a trailer out of the way. This is much more fun. It’s what being an actor is all about, and I have Doctor Who to thank for that opportunity.
Extracts from the recording of Shada:
The Doctor decides it’s time to get to the point. “What have you done with the Professor’s mind?” he asks.
“It will be put to a more useful purpose,” replies Skagra, haughtily.
“I would argue that it was serving a very useful purpose where it was.” ”Not to me.”
“You realise he died?” says the Doctor.
“Only his mind was of use to me,” says Skagra. “Not his life.”
“You take a very proprietorial attitude to people’s brains,” responds the Doctor, calmly.
“It seems to me,” says Skagra, his voice rising slightly, “that the Time Lords take a very proprietorial view of the Universe.”
There is a pause.
“Hold on,” says Lalla Ward, looking across the room to Nick, the director. “Surely the Doctor would be more accurate about his reference there. Skagra hasn’t stolen the Professor’s brain, only his mind.”
“That’s right,” agrees Andrew Sachs, dropping his thin, high Skagra voice. “The actual brains stay in their heads, don’t they?”
“It’s a good point,” replies Nick. “I imagine that Douglas was trying to avoid repetition of the word ‘mind’.”
“Well Douglas should have known better,” says Lalla, firmly. “And it’s a bit silly to worry about repetition of the word ‘mind’ now. It’s all ‘I want your mind, I want his mind’ for the next 60 pages.”
“So would you like me to change ‘brain’ to ‘mind’ on that line?” queries Paul McGann. “Because, y’know, I think the Doctor would be far more accurate about his reference there.”
—-
The Krag commander growls its greeting to Skagra. “What are your orders, my Lord?”
Andrew Sachs peers over his script. “Cod and chips twice, please. And a carton of mushy peas.”
—-
Paul McGann is recording assorted screams and moans to signify the Doctor’s mistreatment by Skagra’s mind-sucking sphere. “Argh!” he groans, “Aargh…ugh…aaargh!”
“Thanks, Paul,” says Nick. “That’s just brilliant.”
“Three years at RADA for that!” laughs Paul gleefully. “Would you like me to do some more?”
Nick smiles and turns to Andrew Sachs. “Now could we just do your lines as the sphere attacks the Doctor again?” Andrew nods and clears his throat. “This time, Doctor,” sneers the icy voice of Skagra, “This time no one will come to your rescue. I shall have your mind.” It’s chilling stuff.
“Y’know,” says Paul, “I believe you!”
“Poor Skagra,” says Andrew. “I have the feeling he’s a very lonely man. I think he needs a wife and kids. A talking spaceship’s no real substitute for the love of a good woman, is it?”
—-
Skagra has some seriously sexy transport, and the Doctor is stealing it.
“Ship!” shouts the Doctor. “Activate all re-aligned drive circuits.”
“Something very strange is happening,” says the ship, all sultry sibilance.
“Ta-daa!” cheers the Doctor.
Hannah Gordon is in a separate sound booth. “Should I be getting more roused there?” she asks over the loudspeaker.
“I don’t think so,” says Nick. “Just keep it honey-voiced and seductive.”
In the gallery, artist Lee Sullivan crosses his legs. “I don’t think I can take much more,” he says. “I may have to leave the room. I never found myself attracted to a spaceship before!”
In the studio, Sean Biggerstaff is fidgeting with his headphones. “It’s very strange working with a sexy, disembodied voice in your ear,” he says.
“I can’t see any downside to that,” muses Paul.
“Hey, that’s me you’re talking about,” replies Hannah in a sexy, disembodied way.
—-
An invisible spaceship,” smiles Lalla. “Such a brilliant idea from Douglas.”
“And now we have an invisible spaceship on audio,” adds Paul.
“Douglas would have laughed at that. It’s just so marvellously perverse.”
“Shall we go and explore it?”
“Oh, yes, let’s explore…”
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On Monday, a three-judge panel of the Eighth Circuit Court of Appeals instituted an emergency injunction of President Biden’s student debt cancellation program. The verdict granted standing to sue to an alleged plaintiff which has said publicly and in writing that it had nothing to do with the lawsuit, and no relationship with the office that filed it. The ruling, in effect, turned a non-plaintiff into a plaintiff.
It’s the kind of decision that makes you wonder what the law is, and whether it matters what it says. But the conservative judiciary could see these same tactics used by determined plaintiffs with different priorities. This would force right-wing judges to come up with what amounts to two different legal systems, one for policies they like and another for policies they don’t, eating away at the increasingly unpopular system of judicial supremacy.
The Eighth Circuit’s ruling is not the only adverse one for Biden’s student debt program, which would cancel up to $20,000 in loan balances for tens of millions of borrowers. A federal judge in Texas last week struck down the Biden plan on behalf of two students who didn’t qualify for full debt relief. The plaintiffs argued they had standing to sue because they were unable to provide comment expressing their disapproval of the program. Judge Mark Pittman agreed, even though the law the administration is using to enact debt relief explicitly says it can waive the notice and comment period. Pittman even acknowledged that later in the same ruling.
That inanity was only mirrored by the Eighth Circuit’s six-page, unsigned decision on Monday. In it, the three judges, appointed by Presidents George W. Bush and Donald Trump, reversed a lower court, which had said that none of the six states that sued Biden and the Department of Education over the debt cancellation plan had jurisdiction to sue. The judges singled out one entity, a student loan servicer named the Missouri Higher Education Loan Authority (MOHELA).
MOHELA, which is called a “state instrumentality,” services loans for the federal government. The state uses MOHELA revenue to fund capital projects at state colleges, as well as a modicum of financial aid (less than $6 million per year). If federal loan balances are reduced through forgiveness, MOHELA will service fewer loans, and there will be less money to go to capital funding and scholarships, the plaintiffs in the case have argued. “Due to MOHELA’s financial obligations to the State treasury, the challenged student loan debt cancellation presents a threatened financial harm to the State of Missouri,” the judges wrote.
But in this case, MOHELA itself, in a letter responding to questions from Rep. Cori Bush (D-MO), explicitly said that its executives “were not involved with the decision” to file for a preliminary injunction this September. MOHELA added that it has no relationship with the Missouri Attorney General’s office, which filed the suit, and that the documents the attorney general presented proving MOHELA’s potential financial harm from student debt cancellation had to be procured through formal sunshine law requests. Those have been the only communications between MOHELA and the AG’s office.
Asked whether MOHELA supports the lawsuit to block student debt relief, it answered: “MOHELA is faithfully fulfilling its obligations pursuant to its federal loan servicing contract.” It is possible that MOHELA is being cagey about this because, under California law, it could be liable for hundreds of billions of dollars in penalties for blocking student loan relief.
The Justice Department filed a brief informing the Eighth Circuit of MOHELA’s letter to Rep. Bush, so the judges should have been aware of its existence. Nevertheless, they ruled for MOHELA, the unwilling plaintiff. And under those terms, they instituted the injunction. None of the merits of the case were discussed at all, with the judges merely saying that they are “substantial.”
These peculiar decisions have thrown the Biden administration’s plans into doubt. It has stopped collecting applications for debt relief, after 26 million applied. Debtor advocates have proposed several options going forward.
One argument all along has been that the administration’s legal complications are tied up with the program’s contours. Means-testing the relief required an application process and slowed things down enough for opponents to fund lawsuits and find courts willing to overturn the program. Plus, the administration used the HEROES Act of 2003 as its authority for debt forgiveness, a limited program that, it’s reasonable to suggest, was not intended for this type of mass relief.
Compromise and settlement authority from the Higher Education Act, under this theory, is a much more robust option, allowing for cancellation of debt by fiat. Astra Taylor, one of the leaders of the activist group Debt Collective, argued in The Guardian Monday that “Biden could knock the legs out from under these cynical lawsuits tomorrow by extinguishing all federal student loans immediately and permanently using compromise and settlement authority.”
A potential complication to this is that the Education Department in 2016 amended implementing regulations for compromise and settlement that Justice Department lawyers have argued narrow its potential use. The new rules, according to DOJ lawyers with the Office of Legal Counsel (OLC), make it so that the authority could only be used if the cost of collecting debt exceeded what the agency could expect to collect. Other experts have looked at these regulations and said they do not prevent the Secretary Of Education from canceling debt, but the OLC hasn’t seen it the same way.
The regulations would take 18 months to change through administrative procedure. Of course, it took Biden more than 18 months to decide what course of action to take on student debt cancellation. The administration could have provided regulatory clarity and cancelled debt en masse in less time than it took to come up with a new authority and a cumbersome application process.
This would have served the dual purpose of speeding up the whole process. Determining debt cancellation unconstitutional right before national elections, and taking relief away from 26 million borrowers, would have been another stark display of judicial control of government. On the off chance that it got past the judiciary, Biden would have given a tangible benefit to tens of millions of borrowers.
Because of the uncertainty of cancellation, several groups are arguing to extend the payment pause, which is due to expire at the end of the year. The pause has been in place for nearly three years without legal challenge. That would prevent financial stress in a time of high inflation and dwindling discretionary income.
But given the outlandish nature of the judicial rulings, another more operatic option looms down the road. If plaintiffs can make up any story to justify standing to block federal programs they disfavor, they surely will. Liberal activists have plenty of problems with endless wars, climate pollution, and dozens of other issues. It’s plausible that violations of congressional war powers or the right to clean air and water exist from these activities. Liberal plaintiffs never had a hook to bring cases before, but they could simply say they have standing to sue because they never got to comment on the federal actions, or because some related entity will be harmed if the plans go through.
These precedents from the student debt rulings are being set, and they amount to sticks of dynamite for would-be litigants. Liberals can forum-shop too, and move these cases through the system. If nothing else, it would force the conservative higher courts to spend lots of time fending off cases. It would likely yield rulings where the courts would say that notice-and-comment standing claims are fine for conservative activists but not for liberal ones.
The judiciary’s legitimacy is already at a low ebb; making up different sets of rules depending on the plaintiff would nosedive that even further. This legitimacy, while it seemingly doesn’t matter to unelected elites in robes, clearly had an impact on the 2022 elections. And in U.S. history, when the judiciary has been seen as a cancer on American life, it has often changed course, like the Lochner Court during the New Deal.
Whatever the strategy, the Biden administration will need to rebut charges that they conned young voters by offering debt relief before the election, only to have it taken away by the courts, as they knew it would be. They have at least a few ways to prove that conspiratorial belief wrong.
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minnesotafollower · 4 months
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U.S. Supreme Court Rejects Thao’s Petition for Review of Conviction for Killing of George Floyd     
On January 9, 2024, the U.S. Supreme Court denied Tou Thao’s petition for certiorari asking for review of the U.S. Court of Appeals’ affirmance of his conviction on two counts of depriving George Floyd’s civil rights under color of law in 2020. Thao, therefore, must continue serving  his 3 and a half year sentence in federal prison.[1] =============================== [1] Montemayor, Supreme Court…
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higherlimitstrek · 1 year
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Completing all necessary documentations & permits Before heading to Manaslu Circuit Trek 13days #manaslu #circuit #trek #springseason #hiking #nepal #larkelapass #eighthhighestmountain #eighth 📸 : @ghimirejanardan https://www.instagram.com/p/CqAsoVGPWto/?igshid=NGJjMDIxMWI=
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gallifreyanhotfive · 4 months
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Random Doctor Who Facts You Might Not Know
The Doctor has been known to keep a teddy bear in his pocket.
The Master's first TARDIS (Lolita) is the Doctor's TARDIS's twin.
The Eighth Doctor once had sex with a sentient planet.
Machiavelli, Richelieu, and Robespierre were all just different aliases for the immortal Hades.
The iceberg that the Titanic crashed into was actually the Monk's TARDIS.
Also on board at the time were several incarnations of the Doctor, the Decayed Master, Jack Harkness, John Hart, Ace McShane, and Bernice Summerfield.
The First, Fourth, and Fifth Doctors were all in London around when the Great Fire started in 1666.
The Eighth Doctor was briefly engaged to Queen Edith but ran away before the wedding.
Consecrated planets, moons, and asteroids cannot be mined under Galactic Law.
The Doctor used to make up imaginary enemies to play fight when they were a small, lonely child. One of these enemies was called Mandrake.
The Sixth Doctor once went back in time with Peri to kill a baby who would become an evil dictator but could not go through with it.
After Nyssa tried to fix the chameleon circuit, the TARDIS took the shape of a whale.
Tegan Jovanka is the Earth Ambassador to Gallifrey.
The First Doctor participated in a riot and became wanted by the CIA two days before running away from Gallifrey (although some sources dispute this).
While the Ninth Doctor witnessed Kennedy's assassination, the First Doctor witnessed McKinley's.
The First Doctor has been repeatedly eaten and regurgitated by a whale before.
Marilyn Monroe married both the Eleventh Doctor and King Henry VIII, who fathered Elizabeth I, who married the Tenth Doctor, and he had also been married to Amy Pond, who was also the Doctor’s mother-in-law through River Song. Talk about a confusing family tree!
The First Doctor fed a snapping wart fowl to Valyes's summer project, and Valyes has had a grudge ever since.
The Eighth Doctor once demanded to die naked upon being sentenced to execution.
All righty, folks. I'm very tired! Good night. I may add more later.
Part 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50
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dumbseee · 10 months
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united in grief.
f1 au/fic: in which, you’re jules bianchi’s little sister. you’re the same age as charles and grew up with him, when jules passed away your world completely fell apart, and you left monaco for paris. eight years after jules’s death you finally decide to comeback to monaco to visit your old friend.
charles leclerc x bianchi!reader.
fc: madison beer.
warnings: mention of jules bianchi, grief, angst, fluff.
note: happy eighth heavenly birthday, jules, we will always love and remember you, champion 🤍
y/n just posted a story!
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caption: missed you monaco 🤍
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_
you really thought about going back for a while, you missed you life in monaco so much. all your friends were here, your family was here, even after jules’s death they stayed, but you couldn’t. every step you took in the luxurious city reminded you of your brother. his presence was everywhere. you were seventeen when you lost jules, he was your whole world, you always wished you were the one in that car. you left monaco for paris because you needed a fresh start in a new city where you could walk without feeling the people’s eyes on you. but a small part of your heart wondered if leaving monaco meant that you were abandoning jules too. he was buried there after all, his soul was now forever in monaco and you were leaving to run away from him.
but your parents reassured you, and told you to fly with your own wings, to find your way, that no matter what jules would be proud of you, and would follow you because he was now your guardian angel. that reassured you a lot since your worst fear was to disappoint him. but your parents were right, jules was an angel when he was still here, and he’s still one up there. so whenever you felt bad, defeated, sad, you knew jules was around you, that gave you the strength to stand up and stay strong. you had to, for your brother. to make him proud.
that’s why you decided to attend today’s race. the monaco grand prix, your brother’s home race. he loved that circuit so much because he knew his friends and family were watching him and cheering for him. you came back without telling anyone, but of course your mother had to tell pascale, so the elderly woman immediately called you to invite you to have lunch with her and lorenzo, her oldest son. you couldn’t say no, because you missed the leclerc, but also because you knew how much you leaving hurt them. you left without saying goodbye, it was too hard for you, so once jules’s funeral was over, you packed your bag and left.
pascale and lorenzo welcomed you with open arms and big smiles, the mother apologised for charles and arthur’s absence but they were busy. charles… you were glad he wasn’t here because you didn’t know how you’d be able to look him in the eye. "you should go to the grand prix with us." lorenzo had told you, with his usual warm smile. at first you refused, but after thinking it over you realised that you owned it to charles, you left him behind when he was also mourning. of course it was harder for you since he was your brother, but jules was everything to charles. his second older brother, he was also lorenzo’s best friend. you hated yourself for being such a selfish coward. guilt was eating you alive and lorenzo noticed it. "don’t be too hard on yourself y/n, jules isn’t going to be happy." he smiled and you had to fight back your tears.
so you came with the leclerc to charles’ home race, you knew that your presence would be the only talk in town and on the internet. "oh my god, y/n!" someone yelled from behind you and you smiled when you saw ‘little arthur’ like you called him back then. he ran to you and made you spin in his arms. you laughed and brushed his hair when he finally put you down. "look at you! where is my little boy?" you asked, still laughing. he flexed his muscles and flashed you a cocky smile before pascale came to hit him in the head. "where is charles?" she asked. "getting ready in the garage, he’s really nervous, i think you should go say hi." he told you. you immediately took a step back, you were nervous as hell too, but for different reasons than charles. what if he didn’t want to see you? what if seeing you ruin his race? what if-… "he still talks about you y/n, he misses you so much you have no idea." pascale chimes in, patting your shoulder.
you were in front of charles’ driver room, you knew that he was just behind it. you could hear voices inside which had to be charles and his teammate. you closed you eyes and knocked three times before waiting. a tall and tan man opened the door for you, he smiled at you and you recognised him as carlos sainz. "isa is waiting for me, see you on track charles." he told charles. "it’s nice seeing you here, y/n." you smiled and watched him go. you took a deep breath before walking into the room. your hands were sweaty and you didn’t know where to look. "y/n?" you haven’t heard his voice in nearly a decade, so him calling your name startled you. "h-…" you couldn’t even finish that charles had closed the gap between you, pulling you in his arms. his face was buried in your neck and his arms were hugging you tightly. you were completely frozen, you didn’t expect him to be that affectionate after what you did to him. "charles, i’m so sorry for leaving." tears were now rolling down your cheeks. he broke the hug and immediately wiped your tears.
"sorry for what?" he asked, furrowing his eyebrows. his hands rested on your shoulders, his touch soothing you. "i’m not mad at you for leaving, y/n. i just wished i was here with you to help you through the grieving process." he smiled and you looked at the ground. he was too good to you, you didn’t deserve it. "you lost jules too, i acted like i was the only one grieving, i didn’t realise the impact my brother had on people’s lives." charles gently kissed your forehead and stroked your cheek. "let’s talk about that later, let me enjoy your presence, you don’t know how much i missed you." he hugged you once again, and this time you wrapped your arms around him, savouring the moment. "my lucky charm is back in town." you couldn’t refrain your laugh at his cheesy comment.
_
"and charles leclerc wins the monaco grand prix for the first time in his career!" the whole stadium cheered for the monegasque meanwhile you couldn’t stop crying. he won. he won in monaco. it was his goal and he did it. pascale hugged you while cheering for her son, lorenzo and arthur ran to their brother. but you stayed in your seat, looking at him jumping everywhere and celebrating with his brothers and carlos. then, when he turned around to face your direction he did something that sent shivers all over your body. he pointed at you, then at his heart, and then at the sky. this was jules’s celebration every time he’d win something and you were there to support him. he honoured jules even when he finally fulfilled his dream. "jules, you are so loved." you muttered to yourself, looking up at the bright sky.
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liked by charles_leclerc, arthurleclerc, philippe_bianchi17 and 2 682 789 others.
y/n: coming back in monaco was hard, but i wanted to be here for charlie, i was scared at first because i knew that i handled my brother’s death terribly but in eight years i forgot how kind you were. i finally understood why jules loved you so much. congratulations on winning your first grand prix in monaco! i’m so proud of the man you became charles, i know that my brother is proud of you and will always look after you. je t’aime charlie ♥️
_
charles_leclerc: this one was for you, and of course jules, i’m so happy to have you back, je t’aime aussi ♥️
fan1: i can’t stop crying wtf
fan2: jules’ death affected everyone, even the people who never even met him, like me, he was such an angel
fan3: your brother is proud of you y/n! don’t be too hard on yourself!
fan4: we love you!
fan5: so happy to see you healthy!
fan6: man, this family suffered too much, i hope they’re happy now
fan7: charles and y/n relationship is so cute omg
fan8: the way he dedicated his win to the bianchi siblings 🥺
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vivwritesfics · 3 months
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warnings: mentions of death
Series Masterlist
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"It's the first home race for Oscar Sainz and everybody is rooting for him."
Oscar was proud to be wearing orange as he stood on the circuit, listening his national anthem. The twenty four year old had his parents there, watching him and cheering him on.
He wanted his sister there, too, but she was busy. At nineteen years old, Valentina Sainz was running the Sainz family. Well, not completely, not yet. Carlos was still the head of the family, but Valentina did a lot. He was setting her up to take over the family one day.
So that her parents could watch Oscar, Tina stayed at home to take care of any work that needed doing. Her grandma was there too, helping her out. Women have always run this family, her grandma often said to her. There was one exception, Valentina's mother, but she let that part out.
By the time Tina was sixteen, she was used to having bloody knuckles. She loved the feeling of it, that might have made her a monster, but she didn't care. She loved seeing the imprint of the ring her father gave her on somebody's skin.
Valentina had watched Oscar's races on television whenever she could. When he moved into F2, she watched on the television with her mother, while Carlos travelled with him. The family hated being apart, but it was for Oscar. The Sainz family would do anything for their children.
Oscar was an insane rookie. Valentina had watched on the television as he scored points in almost every race in his first year. It was crazy just how good her brother was. It was a mystery to everybody how he hadn't gotten a seat until now.
Oscar brought along one big sponsor, his family. Of course, they were known as something else, a front of a company to hide the real nature the of Sainz family money.
Oscar scored points all the way through his rookie season. He finished eighth in the drivers championship, which his family understood to be incredibly good for a rookie.
For his last race of the season, Tina wanted to be there. Her grandma took over the role of head of the family for the weekend, with Carlos on speed dial, while they went to watch Oscar in Abu Dhabi.
He did incredibly well in his final race, achieving his first podium. His mother was crying, his father was beaming, and Tina was incredibly proud of her brother. Oscar ran straight into their arms.
Many of the families congratulated Oscar at the few events he had to turn up to. Almost all of them watched racing, watched as he climbed his way to the top. Fernando of the Alonso family told him that he would be a world champion in no time. And he would be. He really would be.
Oscar knew who he was named after. He knew that Oscar Piastri, the man that had saved his mother, the man he was named after, had wanted to race. He wanted to do what Oscar Sainz was now doing.
Oscar visited his grave site. Over the Australian Grand Prix weekend, Oscar and his parents went to visit his grave. There were always fresh flowers, Carlos made sure of that.
"Hey," Oscar said as he sat in front of the headstone. He'd asked his parents for privacy and they'd given it. "It's Oscar, Y/N and Carlos's kid." He'd visited the grave only twice before, when he and his father were in the country for racing purposes.
"I'm sorry I haven't visited you more," he said as he pulled his orange McLaren hat from his head. "I made it to Formula One, by the way. I know that was your dream, too." Actually, Oscar had something written on his helmet, so small that most couldn't read it. It was his mothers idea to have 'For Uncle Osc' printed on the back of his helmet.
"I wish I could have met you," said Oscar as he placed his hat on top of the headstone. "I bet we would have raced together. I think that would have made my mum really happy."
Oscar stood up from the ground. He touched his fingers to the headstone and turned around, walking away from his Uncles headstone, back to his family.
Taglist (CLOSED): @biancathecool @multi-universe21 @formulas-bitch @gills-lounge @weasleyswizarding-wheezes @carlossainzwho @f1lov3r @samaib11 @charli123456789 @queenofmanydreams @ironmaiden1313 @vellicora @glitterf1 @80sloverry @lightdragonrayne @moonayu @bellsalabanccini @hiireadstuff @handsupforamiracle @cmleitora @jenniferrvsesi @barcelonaloverf1life @sbella13 @nicolettecallednikki @darleneslane @thehufflepuffavenger1 @champagneproblems17 @aespie @yukheizcigarettes @rewmuslupin @hollie911 @ashy-kit @ririgy @stqrgir1 @zaynzierulez @minkyungseokie @rafaaoli @carolinesainz @ashies-ln4op81aa22 @measimp @mizelophsun11 @eviethetheatrefreak @andydrysdalerogers @chonkybonky @shobaes @celesteblack08 @watermelonworries @gracielukey @cassie0sstuff @goldenharrysworld @venusesworld @sparklyperfectionstranger @evans-dejong @graciewrote @formulaal
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twopoppies · 3 months
Note
Gina, have you seen the article about Hs workout routine for LOT? I mean, we all saw the results… but I find it almost even more impressive to learn how its been done! His dedication and work ethic is so inspiring and surely part of why I adore him so much 🫠🫶
Holy hell. No wonder he’s in such great shape. Just a note that Thibo David was his old trainer with Live On Tour. I assume Brad Gould was his new trainer for Love on Tour. But I doubt his regimen was any less insane.
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[…]
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If you include the one-mile run and bodyweight challenge, this is the hardest warm-up I’ve ever done, but, given the intensity required for the next two elements I’m promoting them to workout status.
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[…]
David says Harry Styles can run a mile in an impressive 5min 13sec—a standard some of the professional athletes David coaches can’t match—but I was urged to run my own race.
[…]
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This was far closer to my wheelhouse as a CrossFit fan. I chose to tackle it in alternating sets of 10, transitioning quickly between exercises to finish within the eight-minute limit. But even commando rolling from push-up to sit-up then springing into the squats left me little time to spare.
[…]
I took 7min 39sec, and, somewhat unexpectedly, given I can barbell squat more than 300lb, it was my quads that blew up the most. Whether this was the result of the one-mile run before it or heavy front squats the day before, I couldn’t say, but my thighs were on fire by the final rep.
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“I like to say that I train very smart, but you also have to be very stupid sometimes, you know? Do this type of workout in the most stupid way; go hard at the task at hand, like when you throw a ball for a dog and it goes super crazy.
“This is a very good workout for that. Very good at building everything that needs to be added after the aerobic base; aggressiveness, speed, that go-hard mentality.”
[…]
Things did become particularly spicy during round three and four though, as my body began to tire with the sustained effort.
My posterior chain (the muscles running along the back side of the body) took a battering from the kettlebell swings and sandbag-over-shoulders, my already-fried legs felt heavy during the box jumps, and my shoulders grew tired from two minutes of straight clean and presses—it was a serious test of muscular endurance.
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[…] I also did 12 total rounds—I wanted the full Styles experience, after all—but I’d live to regret this. The hill I chose grew progressively steeper as I worked my way up it, and by the eighth round I felt like death. My sprints turned to slogs, and the time it took me to complete the distance I established in the first interval grew longer.
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[…] The prior running and box jumps didn’t help either, but I got it done eventually in less than 30 minutes.
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[…]
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This was a relaxing way to wrap up a far from relaxing morning of training, and gave me a second to catch my breath after a monumental effort which lasted a little over two hours.
I swapped his day of training for one of my usual CrossFit sessions and had a lot of fun doing it. Every part of my body felt like it had been put through the ringer thanks to the muscle-burning circuit and lung-taxing running elements. I was also very, very hungry.
Another thing that impressed me was Styles’ evident fitness levels and work ethic; how he has the energy to perform for two hours during a stadium tour is no longer a mystery.
Another thing I liked about my chat with David was his openness and honesty. I often see articles online saying celebrities do a few Pilates classes or HIIT workouts each week to stay in unbelievable shape, and he was keen to dispel this myth.
“Collaborating with Harry Styles was an absolute delight; his commitment is unparalleled,” says David.
“But it’s important to note that this level of training isn’t suitable for everyone. Harry was inherently fit, but achieving the level of fitness needed for this session still required time, work and effort. Rushing into such high-volume workouts can pose risks.”
David also stressed that sessions of this intensity weren’t done every day, and the nature of his workouts will often “depend on the day and the state of the athlete”.
“It’s crucial to emphasize the significance of proper periodization,” says David. “Not every day constituted an intense session. In fact, we strategically incorporated recovery sessions which often involved a light run combined with core exercises and mobility work. Every workout was thoughtfully placed within the overall training plan.”
Read, full article here
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blackcathjp · 3 months
Text
in eighth year, animagus harry unexpectedly transformed into a 3 month old black kitten.
the trio didn't understand why his animal form was so young, but he still had full capacity of his human abilities and magic. he roamed around the castle at night, avoiding other students and animals, but a group of slytherins took a liking to the cute little black kitten that lurked around the dungeons.
he visited the slytherins a few times a week, who set out water, food, and even toys for him. it was different being around them, far nicer than he expected - he was just a cute castle cat, not harry potter the savior. he hated being in the spotlight, but he didn't mind the adoration or pampering he received as a cat. he liked being cared for. he felt carefree and comfortable when they played with him, made him refreshed and relaxed the next day. he liked not having to think each day, be stared at, or live up to expectations.
maybe that's why he was a kitten. his magic sensed something, manifesting this form so he could feel like and be a child again. whenever he thought about that, he felt so much grief and sadness that his magic might be compensating for his childhood and teen years. on those days, it was easier to be in his cat form because he didn't have to think so much. and on those days, he found comfort in someone he least expected: draco malfoy.
draco was reluctant at first, deterred by a mysterious cat who seemed to understand him, purring or meowing at just the right moments as if they were talking. the cat hissed and placed paws on him whenever he said something self-deprecating, as if scolding him. he noticed how the cat politely refused others' attempts to pet him, but welcomed draco's affection, nuzzling and asking for more. it was strange that a cat would drag a blanket over to him when he so much as shivered, or nudge a goblet of water to remind him to drink.
he noticed a pattern: on the days harry potter skipped class, the kitten was found asleep in the middle of the day, curled up on draco's favorite seat in the common room. the next day, the cat was gone, but harry potter was there, softer and calmer, less twitchy and alert like he'd been days before. sometimes harry's hand would linger as he brushed against draco, reminding him of a soft cat tail wrapped around him.
eventually, it clicked.
the startling green eyes, the heart marking on one paw, the zigzag lightning marking on the other. it was unsettling to know the cat sleeping on his lap was harry potter all along, who's been secretly living among them the past few months, pretending. yet, he was thrilled to have his attention, to be his favorite, to have harry potter come back to him, every single time. it was such a heady thought, and now draco couldn't stop staring at harry potter, couldn't stop thinking about kissing him senseless.
"you're such an idiot, potter! you're a much better listener when you've got the whiskers on," draco accidentally blurted during an argument in potions.
harry's spoon clattered to the table. "what?"
"i know, you know," draco scrambled out, softer and quieter this time. "i won't tell anyone."
harry stared silently at him, before glancing away, blush high on his cheeks. "how did you know?"
"i didn't at first. but i must say, it's such a classic move of yours, following me around even when you're, well."
"you seemed really sad and lonely," harry whispered as he resumed his stirring. "but you became happier and kinder when i was like that. i felt really comfortable and safe around you, not like when i was with the others, and it made me like you. a lot."
"oh," draco whispered back, brain short-circuiting. "oh. well, i quite like you too."
to the slytherins' disappointment, the kitten's visits slowly dwindled down, along with draco's presence in the dorm. it was common to find him in the corridors, the library, or the lake, sometimes with the black kitten, but most of the time with a smiling, happy harry potter.
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silverfoxstole · 1 year
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Colin Baker and his adopted 'little kid brother' in Germany, 2015.
Bonus ( x )
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imgeekgirlfan · 6 months
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Down The Road (F1 x Reader) SMAU Season 1
>> Down The Road 𝙈𝙖𝙨𝙩𝙚𝙧𝙡𝙞𝙨𝙩
➡  Previous Part : (End of Season 1)
Taglist: @raizelchrysanderoctavius , @laura-naruto-fan1998 , @jpg3 , @tsukishimawhore , @minkyungseokie , @roseseraj , @bbhyuneee , @omgsuperstarg (If you want to be added in this fic, just tell me in reply)
A/N : Finally, we've reached the conclusion of the first season of "Down The Road." I feel deeply touched that there are still people joining in to read both the old and new chapters. I'm delighted that you've enjoyed the stories from my head.
I must confess that SMAU fics aren't really my thing because I tend to focus more on narratives. That's why I've included captions under every image. I felt that without these extensions, it would be quite frustrating for me.
One thing you might have noticed is that I didn't use chat format to narrate the first season. because I wanted the readers to have a sense of the mockumentary format from different perspectives and then piece it together. I feel that the chat format might destroy the mystery of the story. so I decided not to include it (However, in George Russell's part for Next Season, I thought I should add a chat element).
I'm still excited to continue this series. As long as I have inspiration and support from everyone, however, this fic consumes a lot of my energy. I've been consistently writing for a full month, with only about 4 hours of sleep a day throughout the week, to write these fics for you to read. and it's affecting my health significantly. So, I need to take a temporary break before I continue with the new story in Season 2, which is about Max Verstappen x Reader (spoiler: enemies to lovers). I hope you won't forget about me and will eagerly await Season 2.
note ; I would like to express my thanks to @missmarmaladeth a dear friend and lovely reader who diligently proofreads the fic before I publish it for everyone to read. and without her help, this fic would not have been completed. I am very grateful to her.
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Season 1 : ── 𝐃𝐚𝐝𝐝𝐲 𝐋𝐨𝐧𝐠 𝐋𝐞𝐠𝐬 ── (Lewis Hamilton x Reader) S1 : E04 𝑇𝘩𝑒 𝑁𝑒𝑤 𝐶𝘩𝑎𝑚𝑝𝑖𝑜𝑛
The 2024 Formula 1 season is more intense than ever, with three contenders for the championship: Y/N YLN, Max Verstappen, and Lewis Hamilton. Apart from keeping an eye on the new champion, what has everyone on edge is the rumor that Hamilton might retire. Is it true? Or is there something else we don't know? This is the final episode of Season 1, "Down The Road" that viewers must watch closely!
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Source : @F1
The championship has become the most closely watched position this year, with three drivers who can score points closely and have equal chances of winning this year. Will Verstappen maintain his fourth championship? Or will Hamilton succeed in claiming his eighth title? Or could it be Y/N who makes history as the first woman to win The Formula 1 Championship? So here are some of the main talking points heading to Abu Dhabi...
How possible is it for Y/N to beat the two best male drivers in the world? 
It's undeniable that Y/N plays a crucial role in propelling her team to be on par with Ferrari and Mercedes in terms of total points. However, defeating Red Bull, which boasts a superior engine, remains a distant possibility, especially considering her relatively limited experience in Formula 1, having just one year under her belt. This differs significantly from Verstappen and Hamilton, both of whom have already clinched world championships and managed the pressures on the track more effectively than Y/N.
There's another aspect to consider, and that's the complex dynamic between Hamilton and Y/N in their roles as mentor and protege. They share a close and highly respectful bond. Flashbacks to 2023 at Suzuka Circuit come to mind, where Y/N made a stunning debut by narrowly defeating Hamilton. The young driver received genuine congratulations from him. However, will he be as gracious if Y/N triumphs this season, especially given Hamilton's clear intention to secure his eighth world championship after missing out to Verstappen in 2021. Now that his former protege has become a formidable competitor, will the bond between Hamilton and Y/N come to an end?
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Source : @Motorsport
There are reports that Lewis Hamilton might be considering retirement after successfully clinching his eighth championship. 
These rumors began circulating after an interview during the United States Grand Prix 2024, where the seven-time world champion responded to media inquiries about his plans for the future, saying, "I have many things I want to do in the future. One of them is to start a family because I'm 39 years old now, and it's time for me to lay down some roots." 
While there hasn't been a clear confirmation from Hamilton, this is seen as a potential sign of retirement for one of this generation's greatest drivers.
And about the two prominent contenders who have a chance to vie for the World Championship, Max Verstappen and Y/N YLN, Hamilton acknowledges that both of them are formidable rivals with the potential to become the next world champion. However, Hamilton makes it clear that he's not willing to give up the championship for an eighth time easily.
“Their team has great engines, and it's clear that they also have talent. That's something everyone agrees with when they see them both racing in competition, especially Y/N. I hope to see her become the World Champion because, as the first woman in Formula 1, it would be a tremendous achievement for all of us to see a woman in that position. However, it won't be easy this year because I'm determined to secure a win as well, and I'm not one to give in easily.”
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Source : @SportskeedaF1
After the retirement rumors sparked significant discussion on the internet, Lewis Hamilton and the Mercedes-AMG Petronas F1 Team have remained tight-lipped about it. Nonetheless, fans spotted Hamilton in Italy before the upcoming #AbuDhabiGP race, He appeared to be enjoying some quality downtime with his family and friends, including several Formula 1 drivers like George Russell, Alex Albon, Y/N YLN, Lando Norris, Oscar Piastri, Charles Leclerc, Carlos Sainz, Daniel Ricciardo, Max Verstappen, and many more. 
Additionally, there have been reports that Toto Wolff is also in Italy, and it's possible he might have a private meeting with Hamilton.
Certainly, the gathering of other Formula 1 drivers and the arrival of the CEO of the Mercedes-AMG Petronas F1 Team in Italy, especially on the brink of the race, only intensified the curiosity among fans. Up to this point, no one knows for sure what's happening in Italy, leaving fans with even more questions and speculation.
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Source : Formula 1: Drive to Survive (On Netflix)
In the show "Formula 1: Drive to Survive" Will Buxton, a Formula 1 journalist, has predicted the intense situation in Formula 1 2024 about the possibility of Lewis Hamilton's retirement and who might become the world champion this year.
"I'm sure that the decision to retire is a tough one for all racing drivers, including their fans," Buxton said. "I can't speculate on Lewis Hamilton's thoughts, so it's hard to say how he's thinking about retiring. But I'm confident that if he were to decide to retire for real, it would be a significant loss for Formula 1, and the FIA or the Mercedes team would likely not accept it."
“Lewis Hamilton is an icon of Formula 1, a fact that nobody can deny. Whether you like him or not, I believe this is the perfect time for him to create a legend as an eight-time Formula 1 World Champion”
However, Buxton believes that Hamilton's hope is not an easy matter, with both Max Verstappen and Y/N YLN having a chance to clinch the championship this year. Even though most people consider Verstappen superior, Buxton has a different perspective, stating that Y/N is a dark horse that every team should genuinely beware of.
“In the Formula 1 business, Y/N is an intriguing case. She comes from an unexpected background, not a ‘nepo baby’ or a wealthy family. She relies solely on her own abilities and has managed to climb to the position of world champion in just one year, something unprecedented in Formula 1 history. This is even more remarkable because she is a woman in a sport that has rarely given women opportunities over the past several decades. It might be a once-in-a-lifetime opportunity for her to come this far, and she will never give up, no matter what. I understand that not everyone may agree with what I'm saying, but I'm fairly confident that she has a better chance than Hamilton and Verstappen of claiming the championship this year.”
“Who will stand as the Formula 1 World Champion this year? Lewis Hamilton, Max Verstappen, or Y/N? No matter who among these three becomes the champion, history has already been made.”
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Source : F1 TV (LIVE)
Narrator : “Y/N fiercely competed with Verstappen, but Verstappen exceeded the track limits, which led to a 5-second penalty, separating him from Hamilton and Y/N. It's evident that the championship this time is going to be a showdown between a former mentor and a former protege. It's bound to be a memorable conclusion for both of them”
“Oh my god, it's happening! Y/N has passed Hamilton and clinched the victory by a nose at the last second, just like it happened at Suzuka Circuit in 2023. And now, we've got the championship for this year!”
“A new page in Formula 1 history has been written right here. She is the first and only woman since the inception of Formula 1 to successfully claim the World Championship title. Congratulations, Y/N YLN!”
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Source : @F1
Y/N YLN WINS IN ABU DHABI!
Although she appeared unwell before the race, causing concern for everyone, Y/N managed to defeat Hamilton and Verstappen in a momentous victory. becoming the first and only woman to secure the Formula 1 World Championship. This is a monumental achievement that will be etched into history. Congratulations to @Y/N 
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Source: Y/N twitter & instagram (update)
Important Announcement from Me
This is a difficult decision for me, but I need to announce a temporary retirement from being a Formula 1 driver to focus on the most important thing for me, which is building our family.
Lewis Hamilton and I have known each other for a long time since my days as a driver at the F1 Academy. Our relationship began with mutual respect. He is the only driver who has cared to involve women more in the world of Formula 1, and due to his strong support, I got the opportunity to compete in Formula 1 as a full-fledged driver, which is a significant achievement in this sport.
Throughout my time in Formula 1, Lewis Hamilton and I developed a close and strong relationship. He has become my idol, my mentor, my competitor, and my love. We always intended to keep these stories secret to maintain our privacy and allow us to focus on Formula 1 without distractions. However, being falsely accused by the media forced us to distance ourselves and go our separate ways. But strangely, the distance made both of us realize how much we love each other and how much we want to spend the rest of our lives together.
Lewis Hamilton and I had a private wedding ceremony in Italy, surrounded by friends, family, and other Formula 1 drivers. It was the happiest time of my life because I married the one I love and discovered that I had been pregnant for two months.
I know that my time in Formula 1 is limited. This will be the season's last race and my last race too. as I cannot devote my full attention to racing anymore because there is something even more significant that I must devote my life to: my child, who is about to be born.
I had intended to announce my retirement after winning a championship, but with support from my husband, Susie and Toto, my team, and my friends George Alex and Lando, I've decided to declare a temporary leave instead. I will return once I've managed everything.
Thank you for all the support and love you have given us.
Mr. and Mrs. Hamilton
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Source : @Cosmopolitan
This is truly the shock news of the year. If you're a Formula 1 fan, you've probably heard about the new World Champion of 2024, Y/N YLN. She has announced her marriage to the legendary driver, Lewis Hamilton, in Italy and revealed the good news that she has been pregnant for two months. This has left fans around the world amazed, since there were hardly any hints before!
Going back to 2023, Y/N YLN made history by debuting as the first female Formula 1 driver in decades. Besides her professional achievements,there was something else worth noticing: her close relationship with Lewis Hamilton. She revealed that he was instrumental in pushing for her inclusion in the Formula 1 world, and she deeply respects him as a mentor. However, fans have observed that they have something more than just a professional relationship because they often spend time together, leading to speculation that they are dating.
These speculations quickly vanished from the spotlight with the emergence of Latin singer Shakira, who had a romantic connection with Hamilton, and with the appearance of Úrsula in the Formula 1 Grand Prix,sparking rumors about a previous relationship between her and Y/N. Nevertheless, these stories gradually faded away, much like the story between Y/N and Hamilton. It's evident that they both tried to keep a low profile, and they've barely appeared together since.
Sources tell us that both Y/N and Hamilton actually dated back when Y/N was still a driver at the F1 Academy. Susie Wolff, Managing Director of the F1 Academy and Toto Wolff's wife, was instrumental in introducing them. However, the media scrutiny and their roles as Formula 1 drivers led to their separation and dating others. But true love never fades, and the distance only made them realize how much they love each other and decide to start their relationship anew. now even more private than before, determined to keep it away from the public eye.
The turning point in Y/N and Hamilton's relationship came when Y/N YLN discovered that she was pregnant before the end of the 2024 season. While it should have been good news, it left Y/N deeply worried. Hamilton, on the other hand, was overjoyed about becoming a father and promised Y/N that he would retire after winning his eighth World Championship this year. He further solidified this promise with a secret wedding in Italy, attended only by family, close friends, and fellow F1 drivers.
It seems like a romantic story, unless you consider that Formula 1 is all about competition and winning, and while Lewis Hamilton had his heart set on winning his eighth championship, Y/N wanted the same. She had to choose between her family and her own Formula 1 championship; ultimately, she chose to race. and won the championship while pregnant, outshining her husband.
However, the Y/N victory didn't affect their relationship, as they openly shared their feelings with each other. Y/N told Hamilton she didn't want him to retire for her and she would retire instead, but Hamilton disagreed because he knew Y/N still wanted to compete. So they both decided to continue competing in Formula 1. Hamilton still has his goal of achieving the eighth championship and retiring, while Y/N will take a temporary break and return to racing after giving birth.
The legendary sports couple is now expecting their first child together. Congratulations to the new power couple!
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Source : Formula 1: Drive to Survive (On Netflix)
In the final episode of "Formula 1: Drive to Survive," Y/N YLN, the reigning world champion, opened up about the behind-the-scenes of her relationship and rivalry with her husband, Lewis Hamilton, before she became the world champion and made history as the first female Formula 1 champion.
"Getting pregnant during the racing season was something Lewis and I didn't anticipate. It worried me a lot, and I had to keep it a secret because it could seriously affect my professional commitments in Formula 1." 
Y/N revealed candidly about the pressures she faced as the only female driver in this era, especially considering the high expectations from everyone since she had the chance to become the world champion. Thus, she chose to keep her pregnancy a secret from everyone initially.
However, Y/N decided to disclose the truth to Hamilton, as he is the father and deserved to know. This news brought immense joy to Hamilton, as he had longed for a child. This led to their decision to quietly get married, sharing the details with only those closest to them.
"Lewis is thrilled to become a father. He made me a promise that if he secures his eighth championship, he will retire and spend all his time taking care of me and the baby. I understand how important this win is to him and what it means for our family," Y/N said. "But I looked at him and thought, 'I'm sorry, honey, but I also want to be a fucking World Champion too.' "
Y/N's final competition at the Abu Dhabi Grand Prix was her sole decision, which caused a great deal of anxiety among those who knew about her pregnancy, especially Hamilton, who strongly disagreed. Y/N admitted the heated debates that took place but emphasized that Hamilton knows her deep love for Formula 1, as he did. So eventually, he accepted her choice to continue racing. and this decision ultimately led to her successful championship win.
When asked about her future in Formula 1, Y/N revealed that she had thought about retiring and letting Hamilton continue. Still, she felt guilty about not listening to him and decided to compete for the championship. But Hamilton was supportive and didn't want her to retire. Finally, they both agreed to continue racing in Formula 1.
"I told him I would retire on my own because he deserves to continue competing. I've already won a Championship, and I have a child to take care of. But, as I mentioned earlier, Lewis knows how much I love Formula 1, and he doesn't want me to retire. So, we both decided to stay in Formula 1 until we can't drive anymore," Y/N said, concluding with a smile.
In the end, Y/N expressed her heartfelt gratitude to fans worldwide for their warm wishes for her family. She hoped that everyone would continue to follow and support her adventures in the Formula 1 world from now on
"I know that many of you have been following our story, and your comments and encouragement mean a lot to me. Now, Lewis and I are stepping into new and crucial roles in life beyond the racetrack, as parents and husband and wife. I hope you'll continue to support us in the future and look forward to the upcoming season with new, undisclosed stories in the world of Formula 1. Please stay tuned."
End of Season 1
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Bonus : What if Lewis Hamilton is the one to announce his marriage instead of Y/N?
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(It's a joke meme I wanted to include in the fic, but never had the chance to use. Lol)
If you like it, don't forget to like and reblog for me.
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spliffymae · 1 year
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shoulda, coulda, woulda, j. kirstein
synopsis: jean loved his job, he loved being a teacher. there was just something about his eighth grade class that brought him so much joy, he loved everything about his job, even then annoying, tedious tasks. he wouldn’t trade it for anything else. especially when one of his students’ mom is the most beautiful woman he’s ever seen.
⚠️ afab!reader, cheating, swearing, smut, cocky!jean, teacher!jean, jean gets possessive, reader is in a loveless relationship.
kio’s notes - if y’all only knew the struggle i been going through to get this fic back🤦🏽‍♀️ anyways— i have this hc of the aot characters in like a school setting, and this is what i came up with for jean’s. also please don’t take any of this seriously, i’m writing this for shits and giggles bc i really do believe jean would have the audacity. MINORS DNI !!! 18+
now playing
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ok so how i picture jean as a teacher is the type of teacher that at first glance, is expected to be a strict and cold teacher. one that didn’t really goof around with his class and focused on the rules. he was stern at times, yeah, but if you sat in on a lesson with jean, you would see it’s actually the exact opposite.
for one, he was pretty chill. his students were comfortable to talk to him about anything that was bothering them. he even spoke to them about things that would happen to him, and even try to turn it into a life lesson.
“so this man cut me off today while driving here to see y’all. now i wanna know, do i let that little thing make me upset for the rest of the day, or do i take a breath, shake it off and make the best of a good mornin’?”
((( sidenote: i also imagine him having a bit of a southern accent? nothing crazy but like a like twang y’know? country boy turned teacher typa vibe.)))
another thing he would do is block out a time of the day—fifteen to twenty minutes (usually at the end of the day or during free period) to talk to his students about what’s currently going on, whether it be in their lives or in the world. he wasn’t on social media like that, so aside from world news, he was in the dark, especially about pop culture.
“mr. k! are you team selena or hailey?” one of his students asked, getting jean to furrow his brows.
“selena as in gomez? who’s hailey? and why are they beefing?” and for the next fifteen minutes, jean watches as a number of his students go up to the white board and draw him a diagram, explains the celebrity web of drama.
jean was also a fitness enthusiast. he loved to exercise and get his body moving. he also encouraged it in his class, even incorporating it into his history lessons. he would set up a circuit of educational exercises, where his students would not only learn new things, but even get a little bit of some cardio in. for example, at the end of each week for black history month, jean would have ahis class split into teams and take the photos of black icons from one side of the class, and run to the other side to stick them by a description.
jean even loved the annoying aspects of teaching elementary, like yard duty. he would normally be with the primary grades due to his ability to keep up with their energy, but when he would be with the juniors and intermediates he loved when they’d ask him to play a game.
“mr. k! we need one more for five on five!” one of his students would yell, and jean would jog over and join the team.
and if he was on duty with his friends? oh best believe they’re joining.
“serayah, honey,” jean waved over a sixth grader from his friend, mikasa’s class. “tell ms. ackerman that mr. k wants her to sub in for him.”
but what jean loved more than anything about his job was parent-teacher meetings. why? because he would get to see one of his favorite students, and his favorite parent. you and your son dante.
dante was one of jean’s most athletic students. he was on the school’s basketball and track team, as well as playing for a rep league outside of school. he took a liking to jean rather quickly, babbling on to you about how cool his teacher was.
when it came time to finally meet him at the school’s welcome back barbecue, you were shocked, for lack of better words. jean had to be the most handsome teacher you ever laid eyes on. he was muscular, lean, standing at six feet and two inches. he wore a dark denim jacket with a plain black tee shirt underneath, black cargo pants and a pair of black and yellow jordan retro 12s. he had a single silver chain and two small, silver hoop earrings. he smiled with a natural smirk, his eyes crinkling and creating a look you couldn’t help but fawn over. his freckled cheeks reddening with every compliment he got from parents passing by.
when his eyes landed on you, it seemed as though time stood still. you were mesmerizing to him. dressed in some jeans and a striped dress shirt, accessorized with dior slides and a black handbag. your hair was tied into a puff, small, coils accent pieces pulled out randomly for a ‘lazy effect’.
when you and dante walked up to him, he had a big, warm smile on his face. “mr. kirstein, correct?” ypu extended your hand, to which jean accepted. it was a soft, and now that you were closer to him he smelt the subtle hint of lilac waft off you. you gave him a bright smile, glossed lips pulled back to reveal bright whites that along with cheery eyes, had him swooning.
for the first five minutes of seeing you, jean was elated. but when his eyes glanced down to look at your interlocked hands, and he saw that silver wedding band glimmer in the light on your left ring finger, he felt a dark cloud over his head.
“it’s uh, pleasure to meet you mrs. smith.” jean cleared his throat and smiled, swallowing back the slight disappointment.
you shook your head, “please, call me (y/n), and the pleasure is mine. dante speaks so highly of you. i had to come see the magic for myself.” you laughed, the compliment getting him to look down as he felt his cheeks burn.
“well, dante is a good kid. love hearing his takes when we do history, and his heavy opinion on math.” jean looked over to dante with a teasing smirk, one that the young man rolled his eyes playfully at.
“there’s no reasons why paul needs 40 watermelons, mr. k! we’re going through inflation right now, he bein’ selfish!” your son exclaimed, his comment getting both you and jean to laugh.
before you could dive in further and ask questions regarding the class’ curriculum, a hand on your lower back interrupted you. “there ya are, was looking all over this dump for you.” your husband, erwin, kissed the side of your head as he stood next to you. he was dressed in a black suit, with a long brown coat over him. he must’ve come from work.
“oh you showed up, funny.” you said, trying to keep a playful tone as to not indicate to jean there was a problem. unbeknownst to you though, jean was more of a body language analyzer than tone, so although you sounded somewhat happy at your husbands appearance, he could tell by how you stiffened at his touch that you weren’t feeling it.
“don’t be like that.” erwin spoke to you in a quick, hushed tone before looking to his son, whose mood also seemed to drop at his dads presence. “dante, how’s it going?”
“good, dad. this is my teacher, mr.kirstein.” dante pointed to jean, who was still not over how your cheery mood seemed to evaporate the second your husband walked in.
the blond man turned to jean, eyes flicking up and down him before a smirk found its way on his lips, “this the one you don’t shut up about, huh? i’m erwin smith, attorney at maria rose law firm.” he extended his hand to jean and of course, he shook it with a smile, despite cursing the man internally.
it was at that barbecue jean learned the dynamic of your marriage, and got to see it play out over the course of the year. erwin, as best as he seemed to try, was very disconnected with dante. he had not a clue what the boy liked to do or how he was doing in school. jean gathered this from the way erwin would go on his phone when he would talk about dante’s in-class progress or how he would come with you to dante’s games and meets, but never really cheer for the boy. not like how jean would.
he would either be looking down at his phone for most of the game, or watch with the most uninterested look on his face. and when jean brought it to your attention, you would always shrug it off.
“he’s just not a big basketball fan, s’all.” you would reassure jean, but he could tell from the way you bit down on your bottom lip and eyebrows softened after speaking that you didn’t even buy into your own excuse.
but it was okay. erwin’s silent spectating made jean’s cheers all the more louder. you and him acting a fool on the bleachers whenever dante made a good play. so much so that dante stopped informing his dad and started telling jean about his upcoming games—even asking him to help him practice on a dunk at lunch recess. there was even one occasion you had to swing jean a text, asking him if he drive dante to practice because erwin got held up at work (even though he told you he’d take him).
but yeah. jean loved teaching. because through his job he met you and the two of you had grown incredibly close, bordering on good friends. it wasn’t the most ethical thing in the world, befriending a students mom, but jean knew coworkers who have done worse so he wasn’t phased.
you had noticed how much better dante’s energy had gotten since jean’s arrival. he looked forward to not only games but school now, and was even warming up more to his teammates and classmates. before he was very reserved, only speaking when spoken to. but jean brought something out of him. when he came, he would go stand by the players and help the teams coach. sometimes he’d even takeover. he would dub dante team leader, encouraging him to speak up more. after the first time jean coached the team, dante begged him to be his mentor.
“pleaseee mr. k! you really the only solid guy i got to look up to. you like what i like and you can ball. c’mon do it as a form of reparations! ” dante begged him one day after school, ambushing jean while he was trying to pack up his things and head home.
jean wanted to agree instantly, but knew he needed to speak to you about it. he didn’t want to overstep any boundaries, not with you or dante—especially you, seeing as how you were a married woman. he brought it up to you the next time he saw you, at dante’s next game, while you two sat on the bleachers as dante’s team warmed up.
“d said he wants me to be his mentor. wanted to ask you if it’s okay to accept. i wouldn’t wanna step on his father’s toes or anything of the sort.. he also told me to do it for reparations?”
on the outside, jean was expressing consideration and empathy. but on the inside, he was country steppin’ on erwin’s toes, letting an evil laugh out in his head at the thought of taking erwin’s place. not just in dante’s life, but yours too.
you let out a loud cackle at the last part, “no he didn’t! oh my gosh, i’m so sorry bout his blunt ass. but i doubt erwin would look up from his phone long enough to care, jean. it’s cool with me if you want to accept. d’s changed a lot since you’ve been around, it’s been nice to see.”
you were in awe at your son’s transformation, to say the least. it was the spring of the second term, and dante had improved so much in the last couple months. his writing, confidence, and athletic ability had improved, but so had his mindset. he never took school seriously, or even cared about his marks. erwin told you it was just his teenage phase and to let him be, but you couldn’t. and thankfully for you, jean couldn’t either. he was more hands on than erwin, who was too focused on clients to worry about you two.
but oh, erwin should’ve worried.
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he should’ve started to worry when you started coming home later. you used to be home by seven to make dinner for him when he would come home, tired from judges and verdicts. but now you’d be home at nine or nine thirty, you and dante well-fed while erwin munches on dinner he bought or leftovers he threw together once he realized you weren’t coming home in time.
he should’ve been curious when you were getting calls from jean outside of the appropriate hours. erwin would catch you on the phone at ten at night or sometimes even midnight. he would question you, but you would say it was either an “urgent dante matter” or that you were on the phone with one of your girlfriends and urge him to leave you alone.
but what really should have raised your husband’s suspicions was when you would go out with jean without dante. if only he didn’t shrug off dante when he said you finished work and went with jean to meet up with other members of the team’s parents. if only he wondered why the parents would be getting together at nine o’clock on a wednesday night.
if he had, maybe you wouldn’t have been at a bar late at night, confiding in jean about your marriage as you throw your legs over his lap, pink crocs practically neon in the light.
if erwin had worried, you and jean wouldn’t be tipsy and dancing together, with him holding you close as you swayed your hips to the rhythm of the music, grinding against his hardening dick with his thumb in the loop of your jeans as he tapped the beat of the music against your hip.
if erwin had called you like he thought to, he would’ve pulled your attention from jean, who was whispering sweet words into your ear, going on about how beautiful you are, and how he’s been dying to take care of you. his hand held your own, his warmth making your body melt.
maybe if erwin had worried about the amount of time you were spending with jean, he could’ve prevented that night. and stopped you from beginning what would be the end of your sanctified marriage.
maybe you wouldn’t be a where you were right now, how many days later, lying on your side with jean behind you, laying waste to your plump lips with kisses and nips. he held you close to him, chest pressed against your back and arms around you. he was grinding himself against you, his tip hitting your clit.
“jean,” you whined, a breathless sigh leaving your lips after. he had already fucked you to five orgasms throughout the day—since eight in the morning, the time you arrived at his house (you had lied and said you were going to work). but he was looking to make it six—his lucky number. honestly, your body really shouldn’t endure anymore of jean, but he was fucking you too good for you to focus on soreness and/or tell him to stop.
he tapped his dick against your clit, the puffy nub tingling from the sensation. “fuck, baby put it in.” you whined. your hand slid down to try and push his head down to go in between your folds. “please, m’so ready.” you sniffled, feeling the familiar sting of tears in your eyes.
“my baby so needy, hm? what’s wrong? that shitty husband of yours ain’t fuckin’ right?” jean spoke next to your ear, his breath fanning over your cheek. he continued to glide himself up and down your folds, collecting your slick as lube and ignoring your whining and begging.
“not like you, jean—shit!” you were struggling to pull yourself together. you were overstimulated, you were exhausted, but your body craved him. it had been so long since you were worshipped like this, since your heart had felt so full from jean’s endearing words. not to mention phat ma was loving the attention.
jean chuckled, “you damn right, sweetheart. this right here is mine, understand? don’t wanna see no other man touching you, speaking to you—looking at you, even! i’ll fuckin’ kill ‘em.” he snarled.
he didn’t wait for a response from you. he just slowly pushed himself inside, listening to the breath that hitched in your throat. that really was all the response he needed. “jean…” you grabbed onto the sheets to release any form of tension. despite being full of jean all day, you were still not use to his motion. his size was one thing; he was tall with a curve at the head. he he was more on the thicker side, with light brown hairs trimmed neatly around his area. he was about the same size as erwin, but it was his strokes that hit you differently. they were far more powerful than your husbands. they were more determined, focused—not just on his own orgasm but yours as well.
jean smirked, “not like me, yeah. that asshole can’t begin to reach the places i can! m’gonna fuck some sense into you to leave that blond fuck.” he pressed his free hand against your stomach, squeezing on your waist. “gonna give my pretty girl the family she always wanted. me, you, d, and one of our own. how’s that’s sound, sweetheart?” jean kissed the back of your ear with his promise.
you were dying! here this man was, fucking you into an oblivion, loving your body in a way your husband hasn’t in so long. how were you supposed to say no? he was promising you what erwin no longer gave you, what he forgot he did on your wedding day.
it was wrong for you to be here with him. you were breaking every possible vow and eternal promise you made to erwin on the day of your wedding. but in the moment, you didn’t care. jean was fucking you too good to feel guilty for your infidelity. his dick was hitting a spot you had forgotten existed, wiping your memory of erwin and the past nights of passion you two shared.
“think of our baby, mama. how beautiful they’ll look with your eyes, your smile, your fuckin’ kindness—” jean was lolling at the thought. the idea of getting you swollen with his baby. pregnant you would be dependent on him for sure, needing him to ease your sore body or help you with your hormonal mood swings. he would be your go-to. he could see the future you two could have, it was right there. and by god was he going to attain it one way or another.
“please, make me a mommy, jean please. wanna be your kids’ mommy.” you begged him, and he could’ve cum alone at that. you looked back at him, lips poked out in a pout and eyes glossed over. there wasn’t a thought behind them, nothing in that pretty little head of yours except how he was making you feel.
yeahhhh, erwin should have been worried. when he saw you enter your shared bedroom at nearly midnight, walking straight to the bathroom with what appeared to be a faint limp, he shouldve gotten up to ask you what happened….but he couldn’t bring himself to.
he should’ve pushed jean for answers when he ran into him one day at home depot, and after threatening him over your guys’ overly friendly relationship, listened to jean respond with:
“you know what i tell my students about letters, mr. smith?…that sometimes they can be silent. like the word ‘rhythm’ for example—the first ‘h’ is silent. and i’m gonna tell you that the word ‘your’ has a silent y.”
erwin blinked, “what?”
jean nodded, a shit-eating grin on his face, “yup. at least in your case it does. so your wife, is our wife. that body you don’t value” jean rolled his neck in irritation, “is ultimately hers, but for the sake of this argument, is ours—well more so mine since i heard your ass isn’t hittin’ spots i can. so keep that in mind the next time you think about steppin’ to me, alright? you have a good night now, mr. smith.” he flashed erwin a wink before turning away, leaving the man stunned in the middle of the store.
perhaps it was now too late for erwin to worry.
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minnesotafollower · 9 months
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U.S. Court of Appeals Affirms Federal Conviction of Tou Thao for Violating the Civil Rights of George Floyd
On August 4, 2023, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit unanimously affirmed the conviction of Tou Thao by the U.S. District Court for the District of Minnesota for violating the civil rights of George Floyd during the 2020 murder of George Floyd by Derek Chauvin.[1] The appellate opinion by Circuit Judge Jonathan Kobes, which was joined by Circuit Judges James…
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gallifreyanhotfive · 2 months
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Random Doctor Who Facts You Might Not Know, Part 31
The Master and Ace can sense when each other are near because they were both infected with the Cheetah Virus.
The Eighth Doctor met Lucie Miller before The Blood of the Daleks but did not tell her this to protect the timeline.
The Ninth Doctor once told Rose that he had at one point married a woman named Mary Wortley Montagu for love.
The TARDIS translation circuit has a swear filter.
The Seventh Doctor gave his companion Raine presents for every birthday she had growing up.
The Fifth Doctor had been teaching Adric how to fly the TARDIS. During simulations, Adric kept killing everyone while in flight.
The Tenth Doctor kept Winnie the Pooh bed linens on the TARDIS.
Teddy Acree stated that the Eighth Doctor had "destroyed millions and killed himself twice." This was set before the audios, where he would do this several more times.
The Eleventh Doctor once speculated that Gavrilo Princip had been conditioned by the Daleks to assassinate Archduke Franz Ferdinand with the intent of plunging Earth into war, which the Daleks would have used to their advantage. This notion was never confirmed to be true however.
Becky was the Sixth Doctor's dance teacher (and paradoxically the Sixth Doctor was her dance teacher). She is one of the few people the Doctor entertained potentially having a romantic relationship with, but he discarded the notion quickly. She knew what his real name was.
The Fifth Doctor was once mistaken for a hired assassin called the Scorpion. Although he had begun to deny this, Nyssa went along with their assumption, saying that she was his apprentice, the bloodthirsty Nyssa the Destroyer.
Grace Holloway came up with the alias Dr. James Alistair Bowman for the Eighth Doctor while trying to get into the New Year's Eve party. He would continue to use this as an alias occasionally throughout this regeneration.
Roberta Sampson was a young werewolf who became Susan's friend. When she transformed, the First Doctor shot her in the leg with silver bullets and went on trial for her murder. The Second, Third, Fifth, and Eighth Doctors infiltrated the jury to ensure he would be found not guilty.
Despite being Susan's son, Alex was only 7% Gallifreyan. He had one heart, no telepathic skills, and couldn't regenerate.
The Doctor and other Time Lords have body temperatures of about 15 degrees C.
The Eighth Doctor has worn blue eye shadow before.
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schraubd · 11 months
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Being Perpetually at the Mercy of the Arbitrary Negligence of the State is a Punishment
At the moment, we're seeing two somewhat orthogonal trends developing in conservative legal jurisprudence, both lawless, but in distinctive ways.
The first is an increasing indifference to textualism -- being perfectly happy to manipulate or flatly ignore statutory or constitutional language in order to achieve desired results. Yesterday's Clean Water Act ruling, where the Court held 5-4 that "adjacent" doesn't mean "adjacent" because, well, they don't want it to, is a prominent example. The "major questions" doctrine is another, including the invalidation of OSHA's COVID vaccine-or-test mandate despite the fact that it fell cleanly into the clear statutory language, is another. The Court's recent voting rights jurisprudence, featuring Shelby County's entirely-invented "equal sovereignty of the states" rule, is another. The Court's recent Second Amendment jurisprudence, which has functionally decided the first half of the Second Amendment's text may as well not exist, is a yet another.
The second, by contrast, is a sort of hyper-literal textualism that zooms in so tightly on individual words that it ends up blitzing past how people actually read texts. The opinion striking down mask mandates on planes is one example here; some of the opinions striking down the eviction moratorium fit as well. Though styled as "textualism", this sort of analysis really is a dangerous confluence of putative textualists being bad at reading texts.
Slotting into the latter category is a concurring opinion by 11th Circuit Judge Kevin Newsom in Wade v. McDade, arguing that the Eighth Amendment does not forbid any level of "negligent" treatment of prisoners by prison staff --  not negligent, not gross negligence, not even criminal recklessness.  Judge Newsom's argument is deceptively simple: the Eighth Amendment forbids cruel and unusual punishments. But a punishment, he says, can by definition only be imposed intentionally. There's no such thing as a non-intentional punishment. And negligence, in all of its species, is something less than intentional. Hence:
The undeniable linguistic fact that the term “punishment” entails an intentionality element would seem to preclude any legal standard that imposes Eighth Amendment liability for unintentional conduct, no matter how negligent—whether it be only “mere[ly]” so or even “gross[ly]” so.... So on a plain reading, the Cruel and Unusual Punishments Clause applies only to penalties that are imposed intentionally and purposefully.
At one level, I appreciate Judge Newsom for saying the quiet part out loud here, because normally I'd spend time pointing out that Judge Newsom's position would warrant even the most grotesque acts of wanton disregard for the lives and wellbeing of prisoners. But Judge Newsom is quite happy to endorse (further) converting our prison system into a miniature gulag archipelago, so I guess I can skip that part and move to the textual question: is Judge Newsom's interpretation an "undeniable" inference from the term "punishment"?
And the answer, I think, is clearly "no".
At the outset of his opinion, Judge Newsom analogizes the negligent treatment of prisoners to that of parents and children: "Just as a parent can’t accidently punish his or her child, a prison official can’t accidentally—or even recklessly—'punish[]' an inmate." But in law, "accidental" and "intentional" are not an exhaustive binary. The whole purpose of the negligence and recklessness categories is to account for cases that lie between the pure accident and the specifically envisioned and desired consequence. And that makes sense, because while law contains different levels of "intent", legal fact patterns nearly always blend several of them together. 
Take a case where a speeding driver strikes a pedestrian with his car. Did the driver act "intentionally"? On one level, he was likely intentionally speeding (his foot wasn't literally glued to the gas pedal). On another level, he likely did not intend to hit the pedestrian (he did not seek to mow him down). Negligence captures the interstitial position where the driver intentionally acted in a fashion which foreseeably placed the pedestrian in danger (even if converting the danger into reality was not the driver's motivation). In this, negligence is very different from the pure accident not because it lacks intention, but precisely because of its intentionality.
Swap back to punishment. Imagine a more pre-modern society where we outsource punishment to private actors. I catch you stealing tools from my garage. As a consequence, I strip you of your clothes, take all the possessions you have on you (to make sure you have nothing you could attack me with), and drop you off in the middle of the woods without food or water which I can't be bothered to acquire for you, safely away from my house. You tell me "my pills are in my bag; if I don't take them each evening I might die!" I say "I don't care if you live or die. Oh, and watch out for the forest-dwellers -- they aren't always friendly." You do, in fact, have a seizure overnight and die. Are the actions I took "punishing" you?
Plainly, it seems the answer is yes. And this is so even if I genuinely was apathetic to whether you lived or died. Like the driver striking the pedestrian, my conduct is a mix of the purely intentional (I took your possessions, I dropped you off in the woods) and negligent/reckless (I do not care whether you have a stroke, I do not care if the forest-dwellers attack you). Being intentionally placed in a position where one's custodians do not care whether you live or die is obviously a punishment. Indeed, the fact that it's a "punishment" is the only thing that distinguishes it from pure sadism, abuse, or kidnapping. The fact that the seizure was not specifically intended doesn't change the fact that what happened to you in no way could be described as an "accident". It was the result of intentional actions, and the reason I acted in the way that I did -- with reckless disregard for your life or safety -- was very much tied to my desire to punish you.
In most prison litigation cases, there is similar "intent". The failure to, e.g., give a prisoner necessary medication isn't a wholly-accidental whoopsie-doodle (and if it is, then there isn't even negligence). It is an intentional choice. Indeed, a large part of what prison is, and what makes it such a terrifying prospect, is that it is a place the state sends you where the people who have control of your life do not and perhaps need not care if you live or die. Everything about that is intentional. Or put another way, the pervasive, heartless lack of intention is the intention -- being placed in such a situation is entirely the product of intentional choices at every step of the process.
There's a lot to dislike about the "deliberate indifference" standard which has taken over prison abuse litigation, but one thing it gets right is that indifference is absolutely a choice, not an accident. To fail to treat a person in your custody with requisite care is a choice, and it doesn't stop being a choice just because its foreseeable consequences were not expressly desired.
So what makes Judge Newsom go astray here? He seems to think we should chop up "punishment" into each potential negative experience one might have in prison. Being locked up, and being restricted from the yard, and being deprived of medication, and being placed in solitary, and being put into a cellblock with white supremacists liable to stab you -- each of these are separate (potential) "punishments" whose status as a "punishment" must be assessed atomistically. But this approach defies common sense. When someone is sentenced to prison for a crime, we don't think of it as a loose cluster of twenty or so discrete "punishments". It's one punishment. The punishment is being a prisoner and being subjected to the prison experience. Everything that happens in prison is part of the overall context of being punished. There is no need to parcel out individual moments and ask "but is this particular action a separate punishment", any more than we need to ask whether swinging bats in the on-deck circle or jogging out into the outfield is part of "playing a baseball game." It's all part of the game, and the hyper-zoomed-in focus on each discrete moment misses the forest for the trees.
In other words, while it may be true that something must be a "punishment" to fall under the auspices of the Eighth Amendment, all prisoners by definition are being punished. They pass that threshold categorically; none of them have been placed in jail by accident. At that point, the relevant question is whether the set of challenged actions or behaviors or what have you suffices to make that punishment into a "cruel and unusual" one. And certainly, being put in an Arkham City terrordome should qualify even (especially!) if the overseers assiduously do not care if you live or die. Perpetual, ongoing, systematic negligence (to say nothing of recklessness) towards persons who are helpless and in your care is one of the cruelest acts imaginable. Where that is part of the punishment, the punishment is cruel and unusual.
Judge Newsom concludes his opinion with the following:
Maybe it makes sense to hold prison officials liable for negligently or recklessly denying inmates appropriate medical care. Maybe not. But any such liability, should we choose to recognize it, must find a home somewhere other than the Eighth Amendment. We—by which I mean the courts generally—have been ignoring that provision’s text long enough. Whether we like it or not, the Cruel and Unusual Punishments Clause applies, as its moniker suggests, only to “punishments.” And whether we like it or not, “punishment[]” occurs only when a government official acts intentionally and with a specific purpose to discipline or deter.
This "whether we like or not" language is reminiscent of my Sadomasochistic Judging article. Judge Newsom seems to recognize the cruelty inherent in his position. But he leverages that cruelty into an argument for textual fidelity; the avoidance of cruelty is the hint that his colleagues have been led astray from the strictures of law. As I've demonstrated above, this isn't true; the text does not demand the cruelty Judge Newsom ascribes to it. But the pleasure of the pain of causing pain is too tempting to pass up. It's not good textualism that's motivating Judge Newsom. It's the ecstasy of bad textualism leading to bad results, whose badness is paradoxically metabolized as the purest and most faithful instantiation of textual loyalty.
via The Debate Link https://ift.tt/JxhXtDy
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