Discover and read the best of Twitter Threads about #SCOTUS

Most recents (24)

Voter suppression and election mismanagement are alive and well in #Alabama. Check out our new report released today detailing how Alabama laws and policies create and perpetuate obstacles to the ballot box.

#AlabamaVotes #VotingRights #All67

splcenter.org/20200203/alive…
Despite #Alabama being at the epicenter of the #VotingRights movement of the 1960s, the state remains one of the most difficult places in our nation for an eligible voter to register and successfully cast a ballot. #AlabamaVotes splcenter.org/20200203/alive…
Since #SCOTUS gutted #Section5 of the #VotingRightsAct, #Alabama and localities have made it harder to vote by requiring photo ID to vote, closing polling places in predominantly Black counties and purging hundreds of thousands of people from voter rolls. splcenter.org/20200203/alive…
Read 14 tweets
State & federal enforcers often tout multi-million dollar settlements against pharma companies that pay generic companies to keep a cheaper version of a drug off the market. But do those settlements really discourage anticompetitive behavior? (Thread) news.bloomberglaw.com/health-law-and…
A @BLaw analysis breaks down pharma pay-for-delay settlements with state and federal enforcers since the 2013 #SCOTUS decision in FTC v. Actavis, which held these kinds of deals between brand and generics can be illegal.
And the majority of the settlements between enforcers and drugmakers have relatively low or no financial ramifications for alleged bad actors.
Read 9 tweets
HB 961 has passed the Va. House. This is the most radical gun bill yet because it bans almost all semi auto weapons. The bill moves to the Va. Senate where we need 2 Dems to cross party lines and vote NO. (1)
This bill also says that you can keep your “assault weapon” if you apply and are granted a permit. Registration that will lead to confiscation! Our fight is far from over so to @GovernorVA #WeWillNotComply #SCOTUS
Video from VCDL President. What happened today, where that unconstitutional bill goes next and our future plans. Watch 👉
Read 5 tweets
The Council for National Policy #CNP, "The Secret Society"
web.archive.org/web/2012102019…
"the heart of a great conservative movement that helped to make America strong and prosperous in the 20th century – now helping to ensure she remains free and secure in the 21st century,"
Some CNP members - Mike Pence comes quickly to mind - in the context of bolstering their conservative credentials, have proudly revealed their CNP membership, even though CNP's policy is to keep membership a secret. Here is it's 2014 Membership, the latest splcenter.org/sites/default/…
#CNP's tentacles include well-connected activists who advocate for the imposition of fundamentalist Christian ideology in public life and have succeeded in forcing their agenda in republican administrations. A list of organizations working with CNP web.archive.org/web/2012020417…
Read 88 tweets
Thread. Unpacking the new expanded #travelban targeting most #immigrants from Eritrea, Kyrgyzstan, Burma and Nigeria & nationals from Sudan and Tanzania seeking admission under the DV Lottery. 1/
#Immigrant is a term of art that applies to people seeking admission permanently. #Family is the primary way can qualify for an IV but only some relationships qualify (i.e., spouse of a US citizen). A person can also be sponsored by a US employer for an IV to fill labor needs. 2/
The #diversitylottery is a smaller but crucial #immigrant visa category to encourage immigration from low admission countries and enhance #diversity. Congress allocated 50K visas annually for this group. The new #travelban wipes out this option for nationals of all 6 countries. 3
Read 12 tweets
Georgia plans to execute Donnie Lance on Wednesday. His would be the second execution in the US this year, after Texas executed John Gardner on Jan. 15.
Here is Lance's pending petition and stay application at #SCOTUS: supremecourt.gov/search.aspx?fi…
Georgia is scheduled to execute Donnie Lance this evening. He previously had one pending cert petition at #SCOTUS (posted above in thread). Here is a second, filed today, with an accompanying application for a stay of execution: scribd.com/document/44480…
Read 7 tweets
The Trump administration's new #PublicCharge rule-- the single most restrictive immigration policy from any administration in more than 100 years--is now law.
Today's #SCOTUS order only lifts the injunction which was keeping the #publiccharge rule from going into effect while it remains on appeal, imposing a tremendous burden on immigration attorneys and our clients. We continue to hope for justice at the end of this appeal.
Here's more on the "public charge bond," one weird aspect of the #PublicCharge rule which hadn't been getting much coverage

Read 4 tweets
1. Unless #SCOTUS completely rewrites decades of precedent @POTUS #TrumpFinances will be disclosed before the election. Are @senatemajldr and his @SenateGOP caucus walking into a trap? If they are, November cycle @GOP #SenateJurors could be decimated. Even ones safe now.
@SenateGOP @SenMcSallyAZ @SenatorCollins @SenCoryGardner @joniernst @SenDanSullivan @SenThomTillis @JohnCornyn @senatemajldr @LindseyGrahamSC @SteveDaines @sendavidperdue 3. When proof of Trump's #Russianmob & #Turkey backed Al-#Qaeda connections emerge @GOP 's #Devil's bargain with #Trump might come back to haunt them all. And for the three retiring Senators' seats, @SenAlexander
@SenPatRoberts @SenatorEnzi, Democrats could pick them off too.
Read 3 tweets
1. Possibly in March #SCOTUS will rule -

Trump can be indicted by both state and federal prosecutors;

Trump finances have to be immediately released and will show he's a Kremlin asset;

That McGhan McMulveny @WhiteHouse counsel & Bolton must testify;

No Executive privilege.
2. And the innuendo: @SenateGOP voting to block evidence are all complicit traitors and they will be wiped out in November. @senatemajldr #MoscowMitch will lose the @SenateGOP majority and watch as the @TheJusticeDept is staffed by career prosecutors
3. tasked with removing the Kremlin traitors from our government and charging the people who knowingly enabled Trump's crimes like the Kochs who will be charged and convicted too. @GroverNorquist. And if we prove treason, all their assets are forfeited.
Read 3 tweets
The Solicitor General has responded to this #SCOTUS order, which follows up on statements he made at oral argument on Jan. 15:

supremecourt.gov/DocketPDF/18/1…

The long and short of it is ... not good. The SG _did_ misstate the law, but doesn't acknowledge—or apologize for—doing so:
The dispute is over the availability of other remedies _besides_ the ADEA for the kind of claim advanced by the Petitioner in Babb.

Here is the Solicitor General at the oral argument in response to a question from Justice Kavanaugh:

supremecourt.gov/oral_arguments…
In his rebuttal, @lathamwatkins partner Roman Martinez accused the Solicitor General of misrepresenting the law on this point.

This exchange is almost certainly what prompted the Justices to issue the unusual order requesting supplemental briefing on exactly this question...
Read 6 tweets
Impeachment Schedule Explained: Why the Trial Could Last Weeks nyti.ms/2RE38m5 And, what follows is a bit of a "Where we are now" in Yelnick's furrowed brow assessment:
Schiff is easily one of the greatest orators and minds in American political history. I do think Dems are in a good place. As of 22nd AM, 71% of Dems/Pubs wanted to see evidence and docs in Ipsos poll / Reuters. Opening Arguments at *least* through Sat PM, when Defense starts.
An acquittal, along w/coming #SCOTUS cases on Trump's finances (win/lose), will light a fire under people. I know it's a slog to Nov, but not having any power, & seeing this claptrap, SO proud of Dems. They are firing on all comm fronts in a way we've never seen in our lifetime.
Read 13 tweets
1/ I just won my first case under the Trump admin's new rule barring anyone who entered after 7/16/19 from #asylum--but leaving them eligible for other limited forms of protection.

It's a strange feeling of having won & lost at the same time. Happy, but not celebratory.
2/ My client is from a country in crisis, which he fled after being kidnapped & tortured by govt-affiliated forces for his anti-regime activity.

This would usually be a fairly clear-cut case of political asylum. But not under this administration.
3/ The new Trump rule makes anyone who didn't seek asylum in another country first ineligible for #asylum--but (as required by intl law) still allows them "withholding of removal," a far more tenuous status which, unlike asylum, does not put recipients on a path to citizenship.
Read 10 tweets
BREAKING: Judicial Watch announced it filed an amicus curiae brief w/#SCOTUS in the case Dr. Rebecca Gee v. June Medical Services, et al., in which it opposes abortion providers’ efforts to overturn Louisiana’s Unsafe Abortion Protection Act (1/3).
jwatch.us/h4Z28X
The law requires doctors who perform abortions to have to admit privileges at a nearby hospital. In its brief, Judicial Watch argues that abortion providers petitioning the court to overturn the law lack a legally protectable interest in the outcome (2/3).jwatch.us/h4Z28X
Judicial Watch President @TomFitton: “The Supreme Court should put a stop to the misuse of the courts by interests that seek to overturn laws passed by the people’s representatives,” (3/3).
jwatch.us/h4Z28X
Read 3 tweets
The Supreme Court is set to hear Espinoza v. Montana Dept of Revenue today, about funding of religious schools.

But it is not an Establishment Clause challenge to govt funding of religion. Nope.
It is a Free Exercise one about the failure to fund religion.

#SCOTUS #Espinoza
In #Espinoza, Montana created a tax credit program where for every dollar you donated to a school scholarship org, you get a dollar off your tax bill.

The school scholarship org would then provide scholarships for students at private schools.

#SCOTUS #SupremeCourt
Here's the problem: 12 out of 13 participating private schools were religious schools, and the Montana Constitution bans the State of Montana from funding, either directly or indirectly, any religious schools.

#Espinoza #SupremeCourt #SCOTUS
Read 15 tweets
As the #idiotic #impeachment gets set to start tomorrow, media outlets took the time to introduce us to the #castofcharacters added to @realdonaldtrump's #defense.
I worked with #Starr on two #SCOTUS cases in the early 1990s when he was #SolicitorGeneral. Not much I can offer about him.
But I worked with @JaySekulow from 1988 through 2012. I wrote briefs and other legal documents bearing his name. I assisted him in preparing for his #SCOTUS arguments. Early on, I actually wrote his press releases from 1989 to 1992.
Read 21 tweets
The enemies of @realDonaldTrump are desperate. They are afraid of not merely losing a #SCOTUS seat as they did with crazy tactics during the end game of the hearings on now Justice Kavanuagh, but this time their absurd stunts threatens every D on the ballot in the fall.
So desperate Dems have a new plan: Lev Parnas! Yes, incredibly, they are wagering all on the indicted fellow who will go on MSNBC and has a bunch of texts, calendars etc. The impeachment strategy of grand master Speaker Pelosi has come down to Lev Parnas. And to Schiff/Nadler.
I know desperation. I’m a @Browns fan. But this is too much not to smile at. My colleagues at the @washingtonpost are trying to infuse Parnas with some gravitas: washingtonpost.com/opinions/the-s… But the closer one looks at Parnas, the more we recall Kavanaugh and of course SC Mueller.
Read 5 tweets
I'm late in taking a look at the list of #SCOTUS candidates that @WeDemandJustice issued in October. demandjustice.org/supreme-court-… I'll limit myself to a few comments.

Of the 32 on the list, only 8 have judicial experience. 1/
@WeDemandJustice By my guesstimate, 6 of the 32 candidates on @WeDemandJustice's list would be safe bets to get ABA WQ rating. (I'm not applying my own ideological filter; Nina Pillard, for example, is 1 of the 6.) Five others might. The other 21? Seems unlikely to me. 2/
@WeDemandJustice By my count, @WeDemandJustice's list of #SCOTUS candidates has 10 blacks, 7 or 8 Asian Americans, and only 4 Hispanics. Surprising underrepresentation of Hispanics, who outnumber AAs by 3:1 and blacks by nearly 50%. 3/
Read 6 tweets
1/ Both of the propositions in this tweet about the Affordable Care Act directly contradict the positions of Trump's own DOJ in the Texas ACA litigation now before the #SCOTUS:

@nicholas_bagley @jadler1969
2/ DOJ insists that the 2017 ACA Amendment Trump signed *re-imposed* the "expensive, unfair and very unpopular Individual Mandate." And it further argues that therefore the "pre-existing conditions" protections of the ACA are no longer operative!
3/ The remarkable thing isn't that Trump's tweeting things contrary to his DOJ is arguing--lord knows we've seen that before--but that, in this case, on *both* questions about the proper interpretation of the 2017 law Trump's right and his Justice Department is wrong!

More soon.
Read 4 tweets
1/ Both of the propositions in this tweet about the Affordable Care Act directly contradict the positions of Trump's own DOJ in the Texas ACA litigation now before the #SCOTUS:

@nicholas_bagley @jadler1969
2/ DOJ insists that the 2017 ACA Amendment Trump signed *re-imposed* the "expensive, unfair and very unpopular Individual Mandate." And it further argues that therefore the "pre-existing conditions" protections of the ACA are no longer operative!
3/ The remarkable thing isn't that Trump is tweeting things contrary to what his DOJ is arguing--lord knows we've seen that picture before--but that, in this case, on *both* questions about the effect of the 2017 law Trump is right and his Justice Department is wrong!

More soon.
Read 4 tweets
Today’s the 8th birthday of #SCOTUS’s affirmance of Bluman v. @FEC!

This critically important case held that the U.S. has a “compelling interest” in limiting the political activities of foreigners, thus protecting our political system from foreign political influence.

/1
The court concluded that Canadian lawyer Benjamin Bluman’s proposed activity was illegal: not just his three proposed $100 campaign contributions, but also merely paying to copy a flyer supporting President Obama’s re-election to hand out in Central Park.

/2
Then-Judge Brett Kavanaugh wrote the underlying opinion:“It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self-government.”/3
Read 4 tweets
.@POTUS @realDonaldTrump says while he's president Iran will not get a bomb but they are starting up their systems to get one because they know Trump is a coward even afraid of @RTErdogan who got Trump to allow him to invade Syria with ISIS and al-Qaeda in a single phone call.
2 We need to prove @Ivanka violated the Iran Sanctions and got money from #IRGC. Then impeach her. Even if she quits hold the trial to ban her from any govt service for life. Let @senatemajldr hold that trial while we wait for the proof Trump is a Russian mobster from #SCOTUS.
3. Make the remainder of 2020 a time of living hell for the Trump crime family. These psychos have to go and go for good.
Read 3 tweets
1/ In Thuraissigiam, the SG argues that habeas doesn't apply at all to deportation decisions, such as to deny asylum--a notion that is, at the very least, in some tension with the SCOTUS decision in St. Cyr.

supremecourt.gov/DocketPDF/19/1…

#appellatetwitter
#SCOTUS
2/ In order to address that precedent, the SG writes (p.18):

"[T]his Court suggested in St. Cyr that the Suspension Clause may require 'some judicial intervention in deportation cases.' 533 U.S. at 300."

(He writes the same at p.31, substituting "indicated" for "suggested.")
3/ Here's what the Court wrote in St. Cyr itself, 533 U.S. at 300:

"Because of [the Suspension] Clause, some 'judicial intervention in deportation cases' is *unquestionably* 'required by the Constitution.'" [quoting Heikkila v. Barber, 345 U. S. 229, 235 (1953).]
Read 4 tweets
#SCOTUS asked TX to respond to the motion to expedite by Jan 10, not to respond to the petn for certiorari. House and CA wanted a response three days earlier. The response is now due 24 business hours before response would have been due under normal rules supremecourt.gov/search.aspx?fi…
The response is now due *after* the Court's January 10 conference. The Court can now consider the motion to expedite at its January 17 conference. This posture makes the House's super-expedited schedule virtually impossible. reason.com/2020/01/03/oba…
Agree with @lawrencehurley
The lack of urgency here suggests that the House and California's super-expedited schedules are not going to be adopted by #SCOTUS
Read 3 tweets
1. I hear folks comment about the Senate trial. I have read the rules and made a cursory review of Johnson and Clinton trial transcripts.

The Constitution says the Chief Justice presides. Senate has interpreted that to mean the Senate presides. Current Impeachment rules were
2. passed 98-2 in 1986. The rules were drafted IMO to be used in govt officers trials. Judges. Not POTUS. Only in a trial of POTUS does the CJ preside. So when they impeach a judge, the presiding officer is the President Pro Temp or designee. So they provided a way to vote
3. on their calls and they can make rules about their Constitutional power. But the Constitution takes the gavel from the majority for the trial of POTUS and gives it to the Chief Justice. It says nothing about the presiding judge being controlled by the Senate majority vote.
Read 7 tweets

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