Discover and read the best of Twitter Threads about #SCOTUS

Most recents (24)

🚨 #BREAKING: The U.S. Supreme Court will hear our case challenging Texas’s abortion ban #SB8 & the Department of Justice's case challenging the same law in JUST TEN DAYS.

#SCOTUS has declined to rule on the request to block the unconstitutional ban until after oral arguments.
“The Supreme Court’s action today brings us one step closer to the restoration of Texans’ constitutional rights and an end to the havoc and heartache of this ban...” —Nancy Northup, Center president and CEO
“We are enormously disappointed that the Court has left the law in effect for now, forcing those with means to leave the state to access constitutionally protected abortion services and leaving others with no options at all...” —Nancy Northup, Center president and CEO
Read 8 tweets
#BREAKING: #SCOTUS agrees to hear *both* the providers' *and* the federal government's challenge to #SB8 on a SUPER-expedited basis (argument on November 1), but "defers" DOJ's request to put #SB8 back on hold in the interim.
Justice Sotomayor dissents from the Court's decision to *defer* DOJ's request to put #SB8 back on hold. No other writings. Merits arguments in 10 days:

supremecourt.gov/opinions/21pdf…
Importantly, the Court *limited* the grant of certiorari to whether the US can sue "the State, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B. 8 from being enforced." So the *substance* of #SB8 is *not* before the Court.
Read 4 tweets
1. Last night's Fifth Circuit order granting Texas's application to stay the injunction against enforcement of #SB8 in US v. TX includes exactly one sentence of analysis — that relief is compelled by the Fifth Circuit and #SCOTUS rulings in Jackson.

Here's why that's just wrong:
2. Recall that "Jackson" is the suit by abortion providers that had attempted to prevent #SB8 from ever going into effect. The Fifth Circuit stay in that case was based upon various immunity defenses and the fact that the named private defendant might never try to enforce SB8.
3. The whole point of the federal government's *separate* lawsuit is that many of those immunity doctrines do *not* apply when the U.S. is the plaintiff, as Judge Pitman explained at great length in his detailed, 113-page ruling supporting the injunction:

int.nyt.com/data/documentt…
Read 8 tweets
NYSRPA v. Bruen (#SCOTUS, 20-843): Reply brief for petitioners

"The state now retreats to the equally indefensible claims that the right vanishes in 'populous areas' and extends only to those with a 'non-speculative need' to exercise it." supremecourt.gov/DocketPDF/20/2…
"When the state is not rewriting the historical record, it is attacking arguments petitioners did not make, while defending a law it did not pass and licenses it did not issue."
"The Court should reverse the decision below and hold that petitioners have a right to do what even the state now concedes the Constitution protects: bear arms outside the home for self-defense."
Read 31 tweets
According to the @CDCgov, there was a 30% increase in overdose deaths in 2020. #OverdoseDeaths #CDC #NIH #PublicHealthData #ph260720
@CDC's 2019 data show that 70%+ of all fatal drug overdoses (a total of 71,000 that year) involved an opioid #Opioids #OverdoseDeaths #ph260720 Image Source: https://www.cdc.gov/drugoverdose/deaths/index.
This means that each day in the United States, there were over 130 #OpioidOverdoseDeaths and over 5 each hour. #ph260720
Read 10 tweets
I’ll be listening to the Tsarnaev #SCOTUS arguments at 10 — arguments that wouldn’t be happening if the admin acted on its alleged death penalty opposition. But here we are: Biden’s DOJ is fighting to reinstate a death sentence that a lower court said was reached inappropriately.
Arguments are available here: supremecourt.gov/oral_arguments…
*EK enters the chat*
Read 5 tweets
If (per the Gospel of St Romney), "corporations are people (my friend)," what kind of people are they? In 2003, Mark Achbar's documentary "The Corporation," made the compelling case that corporations are sociopaths (and hey, look, there's a sequel!).

thecorporation.com

1/ A Monopoly 'Get out of jail free' card with a Wall Street 'c
If you'd like an unrolled version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

pluralistic.net/2021/10/12/no-…

2/
Ted Chiang says corporations are a procedural version of the genocidal Skynet AI that haunts the Terminator franchise:

buzzfeednews.com/article/tedchi…

Or, as @cstross calls them, "Slow AIs":

antipope.org/charlie/blog-s…

3/
Read 37 tweets
Today at #SCOTUS features some of the best appellate advocates arguing for righteous causes: Alexa Kolbi-Molinas, arguing for EMW Women's Surgical Center, in Case #1.

And then @theamirali will take the podium to argue for Larry Thompson in Case #2.
As we mentioned in our @StrictScrutiny_ preview of EMW, the issue is ~whether SCOTUS will enforce normal rules of waiver & jurisdiction where a state official is trying to chip away at abortion rights (by asking SCOTUS to say abortion providers lack standing to challenge regs)
@steve_vladeck & I wrote @SCOTUSblog last time this issue (abortion providers standing to challenge regulations that apply to them) was at the Court in June Medical: scotusblog.com/2020/02/sympos…
Read 5 tweets
[Thread]
If every Government in every nation in the world is pushing for #VaccinePassports then there should NEVER be ANY doubt that they had ALL of this shit planned a long time ago.
If McConnell had allowed Merrick Garland appointment to #SCOTUS then HRC would have picked the next two so they could overturn Heller & (in a perfect world) disarm the American People!

Scalia was murdered so there would have been an open seat on the Supreme Court #ThinkAoutIt
Next.. If President Trump hadn't of won the 2016 Election then Hillary absolutely would have picked the next two so they could disarm us & we'd be just like effing New Zealand and Australia but that didn't work out.

This means they had #Covid19 planned a LONG TIME AGO!
Read 5 tweets
Why should an epidemiologist care about political reporting in the US? 1/
Because unlike healthcare, which is carried out on a daily basis by healthcare workers outside of government, public health is largely a publicly executed function of the federal, state and local governments. 2/
So, when those pious boobs talk about taking politics out of public health, I wonder, do they even know the facts? 3/
Read 15 tweets
An Abortion 🧵:
So the lower courts ruled #sb8 as unconstitutional and I know a lot of antichoicers are trying to understand so I'll try to use small words.
Abortion is both a human right and legal healthcare. This isn't up for debate. It's already been decided. The UN and almost every country in the world agree
The reason it is a human right is because every person has bodily autonomy. This is a human right bestowed at BIRTH
Read 25 tweets
#BREAKING: In United States v. Texas (challenging the constitutionality of #SB8), Judge Pitman has issued a preliminary injunction temporarily barring enforcement of the controversial six-week #abortion ban by "the State" — *including* judges and clerks:

justsecurity.org/wp-content/upl…
Here's the injunction itself. It's a 113-page ruling, so bear with me. But this is a remarkable decision (and one that Texas will almost certainly immediately ask the Fifth Circuit to stay):
Judge Pitman on why he won't stay his ruling:
Read 6 tweets
Today’s #SCOTUS arguments in the Zubaydah case provide a tour de force in how torture has corrupted the U.S. legal system and corrupted it absolutely. /1
Incredibly, the U.S. government continues to persist in the Orwellian notion that a human being could be gagged from talking about their own torture by the very government responsible for torturing them. 2/
Also, buried in the Zubaydah argument is Justice Breyer’s incredulity that the U.S. government is still detaining people without charge at #Gtmo when the war in Afghanistan has ended.
supremecourt.gov/oral_arguments…
(at p.72). /2
Read 7 tweets
"You just let it sit there?," asks a Justice on a Court that has agreed to hear exactly *one* #GTMO appeal since ruling in 2008 that the federal courts must resolve these cases — and dismissed that case without deciding it? It's almost like they ... haven't been paying attention.
Here's an article from ... 2011 ... on the various procedural hurdles and roadblocks that the D.C. Circuit had already articulated to bog down the #GTMO detainee litigation:

scholarship.shu.edu/cgi/viewconten…

Suffice it to say, matters haven't improved much in the ensuing ... decade.
In case you're wondering, the *one* #GTMO appeal that #SCOTUS agreed to take up since Boumediene was Kiyemba v. Obama — about whether those detainees who *won* their habeas petitions had a right to release *into* the United States.

Here's how that ended:

supremecourt.gov/opinions/10pdf…
Read 4 tweets
"Right-wing donor interests have spent hundreds of millions of $$ to stack the Court w/ anti-abortion justices...

Now, the Court is delivering for those donors, & appears poised to strike at the heart of reproductive freedom"
~@SenWhitehouse

#DarkMoney
senwhitehouse.medium.com/senators-unvei…
"the dark-money forces behind S.B.8 engineered an anti-abortion majority on the Supreme Court — to do things the American people won’t abide from elected branches of government"
~@SenWhitehouse

#DarkMoney
senwhitehouse.medium.com/senators-unvei… Image
“This report shines a bright light on how Republicans and well-funded groups are using our judicial system to take away the freedom of women to make their own health care decisions.”
~@SenStabenow

#DarkMoney
senwhitehouse.medium.com/senators-unvei…
Read 6 tweets
"These emergency applications impose additional stress on the Court," Justice Alito says, indicating that #SCOTUS is the real victim of the shadow docket.
"They require us to adjudicate difficult issues," Justice Alito says, after joining an order that _declined to order relief_ precisely because it raised "difficult issues."
JUSTICE ALITO SPECIFICALLY QUOTES FROM/CALLS OUT @AdamSerwer @TheAtlantic PIECE & CALLS IT "INFLAMMATORY"

theatlantic.com/ideas/archive/…
Read 22 tweets
Just for the record, Justice Alito's speech is invoking the *wrong* standard when discussing the New York / Roman Catholic Diocese case from November. Because the applicants didn't get relief from lower courts, they needed an injunction, which has a *higher* standard than a stay.
(The Court *itself* applied the wrong standard in that case, something that has been ... pointed out ... a few times since then.)
And that was the *first* time that #SCOTUS had granted an emergency injunction pending appeal in nearly five years.
Read 3 tweets
A Writ of Mandamus was filed against the governors of more than 26 states, and a goal of all 50 states. These action were take Pro Se (without legal counsil) by everyday constitutional honoring citizens standing in unison with a 50 state coalition filling against their governors.
2/This is to compel the action of upholding the State and US constitution, by preventing the forcing of citizens into a health care system as most state Constitutions protect against.
3/Masks are medical devices, contact tracing is a medical database, and the shot is a medical injection. Most state constitutions clearly secure the right to a citizen to not be forced into a medical.
Read 9 tweets
This is preposterous. Borderline frivolous. Shame on @fcpsnews & @HuntonAK.
@fcpsnews @HuntonAK FYI, a few samples of the documents are published at the bottom of education advocate Callie Oettinger's post at specialeducationaction.com/fairfax-county…
And let's be clear: When I say frivolous and shameful, it's not just that @fcpsnews & @HuntonAK are apparently trying to bully a couple of citizens legally to cover up their own alleged mistake in releasing the documents...
Read 23 tweets
.@washingtonpost recently criticized protesters for showing up at Brett Kavanaugh's home. I remember this action by @peterstaley at the home of Jesse Helms in the 90s. For some politics is a polite game. Others of us are fighting for our lives. 1/
Here is the Post editorial. 2/ washingtonpost.com/opinions/2021/…
You know how hard it is to influence decisions in politics if you don't have money and power? 3/
Read 17 tweets
#BREAKING: We just filed with the U.S. Supreme Court AGAIN in our ongoing fight to block Texas’ radical ban on abortion #SB8. The plaintiffs in this case are a broad coalition of Texas abortion providers led by @WholeWomans.
➡️ What's different this time: We've asked #SCOTUS to hear the defendants’ motions to dismiss the case, which were denied by the district court—and hopefully, expedite the case.
Every day that Texas’ ban is allowed to stay in effect has severe consequences on the health and well-being of millions in the state.
Read 12 tweets
Alongside colleagues at @KaplanHecker, I'm proud to represent @GiffordsCourage at #SCOTUS in an important Second Amendment case, NYSRPA v. Bruen.

You can read our brief here: kaplanhecker.com/sites/default/…

We make three major arguments in the brief ... 🧵
First, we emphasize that Heller recognized a right centered on self-defense—but our traditions narrowly define when people are lawfully allowed to use lethal force in self-defense.

The history of self-defense principles thus confirms important limits on Second Amendment rights.
Second, we highlight that the plaintiffs advance a startling, dangerous claim: that the Constitution mandates a substantial role for private violence and the threat of such violence in sustaining public safety.

We show the many ways in which the Constitution rejects that notion.
Read 5 tweets
NFL could be hit with punitive damages > $10B in Rams relocation lawsuit. The reasons: (1) pre-2020 MO law has a lower threshold ("reckless disregard"); (2) compensatory damages > $3B; (3) NFL = multi-billion $ corp.; and (4) PD/CD ratios OK'd in past MO cases > 5:1
The timing of this lawsuit couldn't be worse for the NFL. Prior to 2014, punitive damages were statutorily capped in Missouri. In 2020, the MO legislature passed a new law making it harder to recover PDs. This lawsuit was filed in 2017: no cap and less egregious conduct needed.
For cases filed before August 28, 2020, the standard is whether the defendant intentionally acted "either by a wanton, willful or outrageous act, or reckless disregard for an act's consequences (from which evil motive is inferred).”
Read 23 tweets
In DOJ's suit against TX challenging #SB8, Judge Pitman has scheduled a preliminary injunction hearing for Oct. 1.

He has *not* granted a TRO, so the ban remains on the books for now.

That's actually *very* savvy to me, because it stops TX from going right to the Fifth Circuit. Image
If he issued a TRO, TX could ask the 5th Cir. to review the TRO immediately (via a writ of mandamus), and to stay the TRO (and all district court proceedings) pending that review. This way, there's time to fully brief and decide the injunction request *before* the case can go up.
Update: DOJ, is asking Judge Pitman to rule on its request for a temporary restraining order *before* ruling on the preliminary injunction, and has proposed a hearing for next Tuesday (9/21).

(In other words, DOJ is pressuring the court to move faster):

justsecurity.org/wp-content/upl…
Read 5 tweets

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