Discover and read the best of Twitter Threads about #SCOTUS

Most recents (24)

This morning, Oral Arguments were heard at the Supreme Court, where web design agency #303Creative is arguing countless businesses should have the right to refuse service to same-sex couples, & anyone whose identities they disagree with.

Here’s what you need to know. (1of6) Image
This case is about whether businesses generally open to the public may refuse to serve some customers based on personal objections to who they are, contrary to current civil rights law. (2of6)
If #SCOTUS rules in favor of web designer #303Creative it could provide a license to discriminate against #LGBTQ+ people. It likely would profoundly impact the civil liberties of not only #LGBTQ+ Americans, but ALL Americans. (3of6)
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Arguments will soon begin in 303 Creative v. Elenis, a case that was manufactured to overturn Employment Division v. Smith, but #SCOTUS didn't even grant cert on that question. So, we get a First Amendment case, which is really seeking exemptions to nondiscrimination laws.
Thomas asks about ripeness.
Read 41 tweets
It’s been almost six months since #SCOTUS overturned #RoeVWade and the Court’s conservatives have accelerated the Christian nationalists’ project to reimagine the boundaries of our civil society, reflects @Hegemommy.
For years, Republicans have shown they are willing to sacrifice democracy when it gets in their way, and the Supreme Court is an essential component of this project of maintaining minority control at all costs, explains @KA_OConnor.
How much worse can it get? Unfortunately, the answer to that question is “a lot,” says @AngryBlackLady.
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Friday, U.S. #BorderPatrol Agent Jauregui stood in the middle of the road at Scheurbach (Butterfly Park Dr) & Military, to create his own immigration checkpoint. There, he blocked our staff, in the company vehicle, from passing. 🧵
He stopped & questioned them about their citizenship, jobs, etc. You have to love the way this Mexican-American agent assumes our employees must be "janitors." Although we have egregious interactions with USBP agents often, staff was surprised by this action; for that reason, >
all of the agent's actions & questions were not caught by them, but they will be from now on. However, Agent Jauregui was wearing a body camera. We are waiting to see whether his watch commander will confirm that, as well as our experience--but we're not holding our breath >
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NEWS: Justice Ketanji Brown Jackson has issued a dissent in Kevin Johnson's death penalty case, joined by Justice Sonia Sotomayor, explaining why she would have granted him a stay of execution. The stay was denied on Tuesday, and Missouri killed Johnson.… KEVIN JOHNSON v. MISSOURI ON APPLICATION FOR STAY [November
Here is Justice Jackson's dissenting opinion:…
Regarding the Missouri statute that allowed the special prosecutor to review Johnson's case, Jackson writes: "The Missouri Supreme Court turned this straightforward procedural statute on its head." The Missouri Supreme Court turned this straightforward proce
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1/ Robin Keller, until recently a retired equity partner at @HoganLovells who was still serving clients, writes for @WSJopinion about how the firm fired her for defending the #SCOTUS decision in Dobbs (which overruled Roe and Casey).
2/ For background, here's a July 2022 story by @Kathryn1 for @ATLblog about the controversial call where Robin Keller shared her views on Dobbs and abortion. Keller was suspended soon after. #SCOTUS #lawtwitter #appellatetwitter
3/ I expect I'll have more to say about Robin Keller and Hogan Lovells later.

For now, see my Notice and Comment post from last month, "Can A Conservative Work In Biglaw," and the almost 100 comments it garnered.
Read 9 tweets
Missouri officials want to kill Kevin Johnson tomorrow — despite a special prosecutor finding that racism affected the prosecution & sentencing. He and Johnson are seeking a stay of execution from the Missouri Supreme Court. Arguments were today. Law Dork:…
BREAKING: Missouri Supreme Court REJECTS, on a 5-2 vote, motions for stay of execution for Kevin Johnson. The state supreme court will not stop Tuesday's scheduled execution based on the special prosecutor's request in the case.
Here's the majority opinion, which is per curiam, but joined by five justices.…
Read 19 tweets
Tomorrow, #SCOTUS will hear United States v. Texas. Yesterday I talked about the stakes for immigrants. Today I'm going to explain how this case could also reshape the legal landscape and make it much harder—or much easier, depending on outcome—to overturn federal actions.🧵

The headline story of United States v. Texas is its impact on prosecutorial discretion for ICE, which I discussed yesterday.

But there are two other questions the Court will have to decide, both of which may have impacts far beyond just immigration.


First, #SCOTUS will have to decide if TX & LA have "standing" to sue to block the priorities. A decade ago, it was rare for states to sue to overturn federal policies. Now it's common. CA sued Trump 122 times. TX has sued Biden 30+ times. This case could end that.

Read 17 tweets
This Tuesday, #SCOTUS will hear United States v Texas. It may become one of the most consequential immigration cases of all time—less because of its direct impact and more because of the precedential shrapnel the Court might produce. Here's a 🧵 on one of the biggest stakes:

US v. Texas could lead to:

1) ICE being forced to supercharge detention and deportation.
2) States getting a greenlight to constantly sue the feds.
3) Federal courts losing key abilities to block illegal policies.

Tonight I'm focusing on the first one. Stay tuned for 2 & 3.

The background to United States v. Texas begins with acknowledging a core reality for law enforcement agencies; you can't get everyone.

As @shobawadhia has documented, this reality has long required ICE/INS to prioritize some people and ignore others.…

Read 16 tweets
1/ I adapted my Original Jurisdiction story about Yale Law, Harvard Law, and other top law schools defecting from the U.S. News rankings for @Slate (with thanks to @rebeccaonion for the excellent editing).
2/ Given Slate's audience, which is broader and more diverse than Original Jurisdiction's audience of legal-industry insiders, this piece has less Yale Law School "inside baseball" (as fun as it might be), and more in the way of broader reflections.
3/ After 4 days, we're at 6 law schools out of @usnews:

- Yale (#1)
- Stanford (#2)
- Harvard (#4)
- Columbia (#4)
- Berkeley (#9)
- Georgetown (#14)
Read 24 tweets
Y’all know I’ll love this place to the bitter end. It’s why you know me. It’s why I have a career. It played a key role in my getting sober — thanks Dan — so, it’s totally legitimate to say that it’s why I’m alive today.

So, I’m big “laughing so I don’t cry” with all of this.
But, something that I’ve learned in the 4,527 days since I last had a drink is acceptance. Not giving up—but accepting what’s in front of me. When it comes to Twitter, yeah, it’s bleak!

I’ve also learned what to do after acceptance. It’s to do what I can next. And we will.
For as much as I might know about the law, and as much as I love the theater, countless others here have similar knowledge and the same love. We’ll find our way — here or elsewhere.

AND! There are people who know a ton about and love tech. They’ll do what they can next.
Read 4 tweets
1/ Marriage equality was a hard earned victory for #LGTBQ Americans, won in the courts, not the halls of our legislative bodies. The #SCOTUS decision in Obergefell finally gave same-sex couples in all 50 states the right to full, equal recognition under the law.
2/ The decision gave #LGTBQ people not just the right to publicly bond themselves to the people they love, but also the protections & economic stability that come with marriage, from being with your loved one in the hospital, to rights of parentage, to family health care plans.
3/ The current, radical SCOTUS has been systematically eroding fundamental rights, effectively stripping some Americans of their freedom and of the full benefits of citizenship. They did this with Dodds and Carson, and now are poised to undo Obergefell.
Read 15 tweets
The addition to the team of an experienced #SCOTUS advocate like Sopan Joshi is another sign of how seriously the DOJ is taking the Mar-a-Lago matter.👇
2/ Sopan Joshi is now arguing before the Eleventh Circuit in the Trump Mar-a-Lago documents case. Listen live here (via @howappealing):
3/ Rough paraphrase of the question that Sopan Joshi just got asked: "Is there any precedent supporting your opponent's position?"

Team Trump could have a rough time of it today.
Read 15 tweets
After some cringe-worthy coverage from non-Native outlets, here is a run down of Native journalists covering last week’s #scotus oral arguments in Haaland v #Brackeen.

@jourdanbb & @Pdineclah covered protests outside #SCOTUS for @IndianCountry…
And here is video of Wednesday’s rally at #scotus from @ndncollective.…
.@180099native hosted an analysis and reflection on the oral arguments with Matthew Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians), Suzette Brewer (citizen of the Cherokee Nation), and Dr. Sarah Kastelic (Alutiiq)…
Read 11 tweets
Two executions are scheduled for today in the US:
• Arizona seeks to kill Murray Hooper this afternoon.
• Texas seeks to kill Stephen Barbee this evening.

Both have applications for a stay of execution pending at #SCOTUS, which has not been receptive to most such requests.
Two other states have executions scheduled for tomorrow, for a total of four executions scheduled for this week:
• Oklahoma seeks to kill Richard Fairchild.
• Alabama seeks to kill Kenneth Smith.
BREAKING: #SCOTUS will not stop Arizona’s 10a MT/noon ET scheduled execution of Murray Hooper. WEDNESDAY, NOVEMBER 16, 202...WEDNESDAY, NOVEMBER 16, 202...
Read 23 tweets
4 #SCOTUS justices in attendance at black tie @FedSoc dinner, group says. Alito, Barrett, Gorsuch, Kavanaugh on hand. That’s 4/5 of the majority that overturned Roe in June. 1st time for Barrett as Justice
Looks like about 2,000 people, maybe more, @FedSoc dinner. Conservative legal group helped Trump reshape federal judiciary, including #SCOTUS. Trump’s 3 picks, Barrett, Gorsuch, Kavanaugh, are current or former members of the group.
Leonard Leo, @FedSoc cochair, helped Trump vet judicial nominees. Group says it’s independent of partisan politics. But there is close alignment with GOP priorities. Case in point: 11th circuit ruling that limited restoration of felon voting rights in Florida.
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During the #SCOTUS oral argument in #Brackeen several Justices seemed to think #ICWA takes Native children from foster parents they attached to & that’s bad.

So here’s a list of every time the foster parents in this case moved a foster kid or fought for a kid to be moved:
We’ll start with the Brackeens.

The first child they ever fostered was not an ICWA case bc the kid was not Native. After 5 months, they asked CPS to take the child back bc the 3 yr old was “difficult” and “suffocating”.
In 2019, when the Brackeens fought for and got custody of YRJ the child was a year old. She had been raised the first year of her life by a different Texas foster family, who was willing to adopt her. At the time they got custody, she was not being raised by the Brackeens.
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HAPPENING NOW: 11th Cir Judge Bill Pryor opens Federalist Society conference in DC by mocking @SenWhitehouse and poking fun at claims that Leonard Leo is at center of a dark money web Image
Not totally sure why @RuthMarcus has been left out but Pryor is still going
Read 17 tweets
As an Indigenous attorney from the global South, I choose to wake up in the “iron cold” of Federal Indian Law and fight for basic human rights to apply to Indigenous Peoples. Even so, it’s crushing to hear #Brackeen as #GibsonDunn attempts to erode #ICWA and #TribalSovereignty.🧵
I’ve litigated #ICWA cases with @BenRundallEsq in AZ, and even in a state with 22 federally recognized Tribes, it was abundantly clear that courts aren’t competent to respect protections meant to remedy the historical wrongs of taking Indigenous children away from their families.
Competency, while an ethical requirement in the law, clearly it isn’t the same for #SCOTUS. Constitutional law forms the body of Federal Indian Law, yet it’s astounding the Court cannot grasp that “Indian” is a political designation. They miss the point of #ICWA extraordinarily.
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A few takeaways from yesterday’s election: (Thread)
The election ran smoothly. There were far fewer glitches than in most elections we've monitored. And the glitches we saw—like tabulator malfunctions in AZ & ballot numbering problems in MI—were quickly remedied with backup measures in place to ensure everyone can vote securely.
Reasons for this success include: years of improvements of election practices and procedures; high levels of early and absentee voting reducing the pressure on election day; talented professional election administrators; and increased public understanding of election practices.
Read 18 tweets
🚨Good Morning!! Pre-Argument 🧵 3 of 3 explaining the constitutional challenges to #ICWA that #SCOTUS will hear today in Haaland v. #Brackeen: Anti-Commandeering. 1/7
This challenge is about state’s power. The idea, from the structure of the Constitution and the 10th Amendment, is that Congress has limited power, & can’t interfere with powers that belong to States. 2/7
Congress can pass laws preempting (trumping) state law, but they can’t make state officials do stuff to enforce federal law. Congress can make it illegal to buy certain kinds of firearms, for example, but they can’t force state officials to run background checks. 3/7
Read 7 tweets
🚨Good Morning!! Pre-Argument 🧵 2 of 3 explaining the constitutional challenges to #ICWA that #SCOTUS will hear today in Haaland v. #Brackeen: Article 1/Congressional Power. 1/16
Congress can only pass a law if the Constitution gives them the authority to pass that type of law. Congress must "have the power" to pass a law, or else the whole law is unconstitutional, & so are all the other laws of that type. 2/16
So it matters a ton what types of laws the Constitution says Congress can pass. In #Brackeen, whether Congress can pass a law that aims to keep Indian children with their families, communities, & culture. 3/16
Read 16 tweets
🚨Good Morning!! Pre-Argument 🧵 1 of 3 explaining the constitutional challenges to #ICWA that #SCOTUS will hear today in Haaland v. #Brackeen: The Equal Protection Clause (EPC). 1/14
The EPC of the 14th Amendment (w/ Due Process Clause of 5th) guarantee equal protection of the law, no matter who you are. #SCOTUS interprets this not to prohibit laws that treat categories of people differently but says laws are disfavored if they target disfavored groups. 2/14
The more disfavored the group, the more scrutiny we apply to the law. Or that's how it started. Now we look at certain kinds of classes of categorizing people as more suspect--like racial classifications--even when they target the majority group. 3/14
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@elonmusk is not from the USA. He was born in South Africa and later naturalized Canadian (and at around age 30 USA). So he doesn't seem to understand US government or how balanced (trending to Conservative) it already is. #Midterms2022 #RedWaveComing #BlueTsunami2022 1/ Image
@elonmusk 2/ Our government is currently a listing ship. A #RedTsunami might capsize us. I'd also caution anyone listening to Musk for advice outside of #SpaceX or #Tesla matters. He was so, so, so, so wrong.…: Image
@elonmusk 3/ Apparently the fact #SCOTUS is the most unbalanced it's ever been in my memory escapes Elon Musk. Did you know there are only 48 Democrat Senators while the Republicans have 50?… Image
Read 4 tweets

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