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Obeezy: "Oh sure Microsoft can disable Windows & Office for all conservatives"
Poast new message in this thread
Date: July 9th, 2019 12:43 PM Author: fragrant brass sandwich pit They're a private company after all! (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505196) |
Date: July 9th, 2019 12:46 PM Author: Bearded national gunner I think they could if they were private. I think they can even public, but shareholders would sue them. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505208) |
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Date: July 9th, 2019 12:52 PM Author: Mildly autistic kitty parlor You're a little out of your depth here, friend. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505247) |
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Date: July 9th, 2019 12:53 PM Author: fragrant brass sandwich pit You disagree with the OP, "friend"? (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505262) |
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Date: July 9th, 2019 12:55 PM Author: Mildly autistic kitty parlor I'm fairly certain that, in most cases, one private party can refuse to do business with another private party on grounds that are outside of the protected classes. Political affiliation is not considered a protected class, at least as of 2011 when I took con law.
I'm a corporate attorney so this is not my area of expertise, but I am fairly confident in my answer.
Do you have any sources suggesting that not contracting with a counterparty on the basis of that counterparty's political affiliation would be a violation of any law? I am always interested in learning, so would be eager to see what reliable source you have to the contrary. |
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Date: July 9th, 2019 12:57 PM Author: electric library roommate lol at multiple qualifiers in the first 3 sentences. true CYA lawyer (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505281) |
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Date: July 9th, 2019 12:59 PM Author: Provocative Disgusting Milk Meetinghouse It's the first thing you learn in biglaw (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505301) |
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Date: July 9th, 2019 1:00 PM Author: Mildly autistic kitty parlor I didn't make it 8 years without
DAT
C
Y
A |
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Date: July 9th, 2019 12:59 PM Author: Mildly autistic kitty parlor lol ofc (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505302) |
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Date: July 9th, 2019 12:57 PM Author: fragrant brass sandwich pit I'm suggesting that companies that would do such a thing would invite some pretty big backlash from lawmakers, no? (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505283) |
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Date: July 9th, 2019 1:00 PM Author: Mildly autistic kitty parlor Perhaps. Alas, as the law stands, I believe private parties are free to do business with, or not do business with, who they please, outside of some exceptions relating to protected classes.
Do you have any information to the contrary? What was the point of this thread - having a more histrionic than usual day? |
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Date: July 9th, 2019 1:01 PM Author: fragrant brass sandwich pit " having a more histrionic than usual day? "
lol |
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Date: July 9th, 2019 1:01 PM Author: Mildly autistic kitty parlor You're out of your depth here bro. Stick to rage-poasting about Fox News grandpa click bait. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505323) |
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Date: July 9th, 2019 1:02 PM Author: fragrant brass sandwich pit always projecting (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505328) |
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Date: July 9th, 2019 1:06 PM Author: Big electric furnace boltzmann Political affiliation is a protected class in CA. I am guessing a lot of other states probably also have the same protection (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505347) |
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Date: July 9th, 2019 1:06 PM Author: fragrant brass sandwich pit So Obeezy is not only an unhinged Clinton worshiper, he's a terrible lawyer? (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505356) |
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Date: July 9th, 2019 1:08 PM Author: Mildly autistic kitty parlor I don't come across these issues much in M&A. Again, happy to read any reliable sources you have to the contrary. If you'd prefer to engage in more histrionics, as per your usual MO, feel free. :-) (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505371) |
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Date: July 15th, 2019 4:13 PM Author: Mildly autistic kitty parlor Devastating. Drake will never show his face ITT again. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38536307) |
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Date: July 9th, 2019 1:07 PM Author: Mildly autistic kitty parlor Isn't that just for employment matters? (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505367) |
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Date: July 9th, 2019 2:09 PM Author: Bearded national gunner Weird to assume any other state is doing what California is doing. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505767) |
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Date: July 9th, 2019 2:17 PM Author: Coral patrolman dysfunction Does volokh post?
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2174776 |
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Date: July 9th, 2019 2:28 PM Author: Mildly autistic kitty parlor oh wow so obeezy was right again. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505863) |
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Date: July 10th, 2019 9:50 AM Author: Mildly autistic kitty parlor Obeezy is always right? Wow. Crazy. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38509316) |
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Date: July 9th, 2019 12:53 PM Author: exciting ultramarine trump supporter Obeezy is a stupid nigger (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505260) |
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Date: July 9th, 2019 1:07 PM Author: onyx background story (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505363) |
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Date: July 9th, 2019 1:08 PM Author: charcoal big-titted university laser beams (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505368) |
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Date: July 9th, 2019 1:02 PM Author: Pearl Tanning Salon Famous Landscape Painting The guy is short, ugly, and went to a TTT. We should only feel bad for him (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505325) |
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Date: July 9th, 2019 1:15 PM Author: Mildly autistic kitty parlor Welp, I laid waste to another thread.
Obeezy really is head and shoulders above XO. |
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Date: July 9th, 2019 1:40 PM Author: Garnet Pervert I support you and your ability to reframe reality into something that makes you feel good. I wish I could do this instead of drinking my problems away. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505575) |
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Date: July 9th, 2019 1:58 PM Author: Mildly autistic kitty parlor TBF, I objectively devastated all cons ITT.
Alcohol is poison. |
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Date: July 9th, 2019 2:06 PM Author: Garnet Pervert Sure, so long as your aspie brain can continue masking the fact that you completely missed the point of DM’s use of the word ‘can’ and then proceeded to give what turned out to be an incorrect legal analysis. You absolutely devastated everyone if you ignore all that. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505744) |
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Date: July 9th, 2019 2:07 PM Author: Mildly autistic kitty parlor Please go on to describe how my legal analysis was incorrect.
Please go on to describe how private actors "can't" decide who to contract with on the basis of other-than-protected classes.
At your convenience, governor. |
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Date: July 9th, 2019 2:34 PM Author: Garnet Pervert You cannot just create a catch-all discrimination group (like political affiliation) because those all manage to disproportionately affect some protected class within. Do you really think, for example, you could deny services to all people who live in some black neighborhood, and claim it was geographic discrimination? And even if some judge doesn’t agree, something this big would get appealed to SCOTUS, where they’d just do whatever they want anyway, and they for damn sure wouldn’t be cool with the GOP getting fucked this way. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38505889) |
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Date: July 9th, 2019 2:57 PM Author: rusted garrison double fault First you have to find the statute you're arguing that a plaintiff would use and then begin your analysis. This isn't an employment issue (so no Title VII or state labor law). Maybe it's a "public accommodation" of some kind, as that term is used in the Civil Rights Act? Maybe certain state civil rights statutes would govern a private contract between microsoft and a user? I'm honestly not sure. And these statutes often don't have political classes as a protected class (do any of them outside of labor law statutes protect political speech?)
"Do you really think, for example, you could deny services to all people who live in some black neighborhood, and claim it was geographic discrimination?"
In a case like that you could use disparate impact data analysis to submit evidence showing how the geography is simply a pretext for racial discrimination. What people always get wrong about disparate impact is that it still requires a plausible assertion that the underlying reason for the challenged law/action is the defendant's intent to discriminate against a protected class. In a political discrimination case like the one outlined in OP you're going to struggle to plausibly assert that its a pretext to discriminate against white people, when it's white libs carrying it out. |
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Date: July 9th, 2019 3:14 PM Author: Garnet Pervert Except to be used as a violation of the civil rights act, all it needs to do is interfere with interstate commerce. Even when cases barely have anything to do with interstate commerce, they still get decided on these lines, let alone one like this that clearly involves it. Also, the clearly violated class here wouldn’t be white people but Christians. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38506068) |
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Date: July 9th, 2019 3:15 PM Author: Mildly autistic kitty parlor "Except to be used as a violation of the civil rights act, all it needs to do is interfere with interstate commerce."
Go on. |
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Date: July 9th, 2019 3:19 PM Author: Garnet Pervert Guess what a company in Redmond WA disabling its contractually agreed to software for companies all of the US is an example of? (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38506093) |
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Date: July 9th, 2019 3:41 PM Author: Mildly autistic kitty parlor Breach of contract?
Are you seriously arguing something that interferes with interstate commerce is ipso facto a violation of the CRA? Please say yes so I can get a chuckle out of this. |
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Date: July 10th, 2019 1:06 PM Author: rusted garrison double fault "all it needs to do is interfere with interstate commerce."
No, it needs to be a "public accommodation". That's been interpreted very broadly but I am not sure something like software licensing from MS would be a public accommodation. And then you have the "protected class" hurdle. I doubt this gets past an MtD. |
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Date: July 10th, 2019 1:07 PM Author: Mildly autistic kitty parlor I think it's worse than this. I think he conflates interfering with Interstate Commerce as being itself a violation of the CRA.
Dude seems very confused. |
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Date: July 9th, 2019 3:15 PM Author: Mildly autistic kitty parlor "Do you really think, for example, you could deny services to all people who live in some black neighborhood, and claim it was geographic discrimination?"
Yes, if it was actually geographic discrimination and not intended to get at black people. Are you a lawyer? |
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Date: July 9th, 2019 3:17 PM Author: Garnet Pervert You can make that argument all you want, but you will lose it. Especially if the GOP is the one hiring lawyers arguing the other side. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38506087) |
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Date: July 9th, 2019 3:41 PM Author: Mildly autistic kitty parlor Are you a lawyer? (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38506195) |
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Date: July 9th, 2019 3:55 PM Author: Garnet Pervert I hope that question is rhetorical, and is your last fucking grasp at trying to convince us SCOTUS wouldn’t skull fuck Microsoft if their tried this. If it’s not just a pathetic rhetorical device, you’re even dumber than I thought. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38506243) |
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Date: July 9th, 2019 4:14 PM Author: Mildly autistic kitty parlor Please respond to my post above. You seem to think an action that interferes with interstate commerce is automatically a violation of law and subject to being struck down. Is that your position?
If Microsoft decided to stop contracting with a certain group of persons on an other-than-protected class, on what grounds would the Supreme Court decide that Microsoft has to engage in commerce with that class? Please, enlighten me. :-) |
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Date: July 10th, 2019 9:31 AM Author: Mildly autistic kitty parlor (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38509223) |
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Date: July 10th, 2019 10:39 AM Author: Garnet Pervert If your aunt had a dick, she’d be your uncle. What’s the point of your hypothetical argument? Would you do this dumb shit in court if you were ever allowed to do anything but doc review? Kavanaugh would be laughing at your dumb ass saying “what if” while SCOTUS forced Microsoft to fully reinstate all users. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38509543) |
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Date: July 10th, 2019 11:07 AM Author: Mildly autistic kitty parlor You asserted that the SCOTUS would strike down such an action by Microsoft. Your basis for this assertion?
Please also respond to my poast above. I'll link it for you. TYIA.
http://www.xoxohth.com/thread.php?thread_id=4299222&mc=48&forum_id=2#38506196 |
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Date: July 10th, 2019 12:24 PM Author: Garnet Pervert This isn’t about whether I understand the commerce clause. This is about your dumb ass thinking that conservative SCOTUS wouldn’t come up with any justification (of which violating the civil rights act is one) to stop a company from causing trillions of dollars of damage to the economy specifically targeted at conservatives. The DOJ could use contract law, conspiracy to commit wire fraud, or any number of excuses that I don’t know about. But it would 100% result in Microsoft being forced to reinstate users if it came to the courts deciding the word ‘can’ (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38509907) |
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Date: July 10th, 2019 12:45 PM Author: Mildly autistic kitty parlor Got it. But to be clear, you don't understand the commerce clause or the Civil Rights Act. Just so you know.
Would love to hear the justification the SCOTUS would, in your opinion, use for this. Can you expound? |
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Date: July 10th, 2019 12:54 PM Author: Pearl Tanning Salon Famous Landscape Painting You out of time out already? (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510053) |
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Date: July 10th, 2019 12:58 PM Author: Mildly autistic kitty parlor Seek peace, my son. Entwine thyself not in internet feuds unbecoming for a man of your years and stature.
You can be better than this. Let me show you the light, dear child. |
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Date: July 10th, 2019 12:58 PM Author: Pearl Tanning Salon Famous Landscape Painting Dude, just stop spamming. Figure out a way to express yourself without trashing the board (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510069) |
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Date: July 10th, 2019 1:01 PM Author: Mildly autistic kitty parlor Take my advice, dear child. I am here to help you improve.
Someday you can be like me; wealthy, successful, fit, enlightened, and happy.
I pray for you, my son. |
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Date: July 11th, 2019 9:32 AM Author: Mildly autistic kitty parlor I really put on a clinic ITT. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38514222) |
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Date: July 10th, 2019 9:32 AM Author: impressive deep mood lodge What’s bad about this? (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38509225) |
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Date: July 10th, 2019 9:44 AM Author: Mildly autistic kitty parlor Cons spent a decade bitching about Obamacare forcing private parties to contract with each other and are now up in arms on discovering the government does not always require private parties to contract with each other.
They aren't exactly principled. |
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Date: July 10th, 2019 9:47 AM Author: impressive deep mood lodge I think my son is a fag (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38509307) |
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Date: July 10th, 2019 1:24 PM Author: bistre principal's office Well the courts enforcing Obamacare and allowing deplatforming isn't constitutionally sound. The Bill of Rights doesn't mention health care. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510218) |
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Date: July 10th, 2019 1:25 PM Author: Mildly autistic kitty parlor But does apparently mention access to Word processing, per Drake. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510223) |
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Date: July 10th, 2019 1:25 PM Author: bistre principal's office Penumbra. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510230) |
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Date: July 10th, 2019 1:36 PM Author: Bearded national gunner Hi, it looks like you're creating a law review article. Would you like to see a template? (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510300) |
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Date: July 10th, 2019 2:12 PM Author: bistre principal's office "From Torts to Tortas: The Browning of American Immigration Law in an Era of Resistance" (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510516) |
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Date: July 10th, 2019 3:48 PM Author: Coral patrolman dysfunction (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510991) |
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Date: July 10th, 2019 2:37 PM Author: Mildly autistic kitty parlor lol 180 (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510648) |
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Date: July 10th, 2019 1:35 PM Author: Flesh mind-boggling casino cuckold A lot of people mistakenly think political affiliation is a protected class. Same with faggotry. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510282) |
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Date: July 10th, 2019 2:10 PM Author: bistre principal's office What's mistaken about a penumbra? If I have a right to hoover a human being alive then the government doesn't have the right to allow my MS Word subscription to be shut off either. (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510510) |
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Date: July 10th, 2019 2:38 PM Author: Mildly autistic kitty parlor Motion for Summary Judgment GRANTED in favor of Sickly argumentative UES Jew in puffy jacket (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38510651) |
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Date: July 11th, 2019 9:33 AM Author: harsh aromatic dopamine lol (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38514230) |
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Date: July 11th, 2019 9:34 AM Author: Mildly autistic kitty parlor JFC Drake blown the fuck out (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38514233) |
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Date: July 18th, 2019 11:30 AM Author: Mildly autistic kitty parlor FATALITY (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38550902) |
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Date: July 18th, 2019 11:31 AM Author: motley stage foreskin wow, xo has really done a reverse course on the free market (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38550905) |
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Date: July 19th, 2019 12:33 PM Author: Mildly autistic kitty parlor Republican voters are incredibly malleable.
They went from Bush to Romney to McCain to Trump without even blinking. They have no ideological or policy stances whatsoever. |
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Date: July 22nd, 2019 7:13 PM Author: Mildly autistic kitty parlor Drake's asshole still BTFO from the shellacking obeezy delivered ITT (http://www.autoadmit.com/thread.php?thread_id=4299222&forum_id=2#38572144) |