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IN TODAY: We have new circuit allotments for the justices: Sotomayor adds the 6th (to the 10th, which she already had), Kavanaugh has the 7th, Kagan has the 9th. (The Chief had taken on the 9th since Kennedy's retirement, and Kagan previously had the 6th and 7th.) #SCOTUS
The main reason, now, why the circuit allotments matter is that the justice assigned to a circuit receives applications in cases out of that circuit, mainly attempts to stay lower court rulings pending further appeals and requests for stays of execution.
Justices almost always refer full consideration of substantive decisions on applications to the full court. There have been a few exceptions in recent years, but mainly when it was a recurring matter and the outcome was pretty clear/likely.
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A special #SpiritDay2018 #tbt: The Millennium March on Washington, starting with a picture of me and the great Donna Red Wing, who died in April and remains one of the kindest, smartest souls that I’ve had the pleasure to meet in the LGBT movement over the past decades.
The march itself was unlike anything I ever experienced at that point. So many queer people and their allies — from all over the country and world even — together overtaking the Mall. (And really, the whole city that week.)
At the march, Dennis and Judy Shepard, who remain among the most compassionate people I’ve met in my time on this planet, spoke. It was at another event that weekend that I first spoke with them, a moving moment that stays with me still.
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Just listened to the US v. Stitt/Sims #SCOTUS argument—Justice Kavanaugh's first argument as Justice—and the argument made me think of the German Supreme Court, naturally! Specifically, an article by @BYULawSchool prof Justin Collings... 1/
2/ Stokeling arises under a law called they Armed Career Criminal Act (ACCA). Without going into detail, it suffices to say the statute designed to ratchet up sentencing for repeat violent offenders has made MANY trips to the Supreme Court. It's a confusing statute...
3/ So the Stitt/Sims cases are what I think of as the Chris Farley "livin' in a van down by the river" cases. Burglary is generally breaking into a building where people live. But what if you break into a van down by the river that someone is living out of? Is that burglary?
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Here is some real talk that’s an all-to-painful gut punch: we’ve lost #SCOTUS for a generation. But we still have a source of hope: To stop the bad and advance the good, we need to win back the States. (And we can do it.) A thread. #whystatesmatter
☹️Worried about fair voting access? Justified. The #SCOTUS conservative majority has consistently upheld state laws that brazenly suppress voting. Last year, they allowed OH to purge voters from the rolls and in the process protected similar laws in 6 states. BUT THERE IS HOPE!
🙂With different leadership in state legislatures, proposals that restrict voting access would be DOA. & with new majorities in purple or even red states, those same legislative chambers can protect voting! That's already happened in blue-majority states WA & OR. #whystatesmatter
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JUST IN: We still haven't heard from #SCOTUS on the Census citizenship questionnaire case stay request — they're trying to stop depositions of Commerce Sec. Ross and DOJ's Gore — but we have a scheduling order from the trial court:…
Basically, some pre-trial motions are to take place over the next week, trial-related amicus briefs are due by Oct. 29, and — should the Supreme Court allow them to go forward — the parties are to meet to schedule the depositions "immediately" after such an order from #SCOTUS.
Little correction from the court here: The letter motion re: live direct examination is due by tomorrow, not today.
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THREAD: Body Language Analysis No. 4351: Donald Trump Stops Anthony Kennedy in His Tracks • #EmotionalIntelligence #DonaldTrump #BrettKavanuagh #AnthonyKennedy #BodyLanguage #BodyLanguageExpert #SCOTUS #TakenAback #StoppedInHIsTracks
1/ On 8 October 2018, a ceremonial swearing-in of Brett Kavanaugh as an Associate Supreme Court Justice was held in the East Room of the White House.
2/ After the ceremony was completed, there was an interesting exchange which occurred between retired Associate Justice Anthony Kennedy and President Trump. What follows is a nonverbal analysis of that exchange.
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Although the governor halted tonight’s scheduled execution in Tennessee ...
... #SCOTUS nonetheless acted on the applications before it, lifting the stay of execution entered by the 6th Circuit, over the noted objection of Justices Breyer and Sotomayor:
... and denying Edmund Zagorski’s stay request and denying his cert petition, again over the objection of Sptomayor, who wrote and was joined by Breyer. [1/2]
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In DOJ's attempt to stop the depositions of Ross and Gore in the Census citizenship questionnaire lawsuit —… — the plaintiffs today filed their opposition to DOJ's #SCOTUS request. 1/x
Here is the New York-led opposition to DOJ's application:…
Here is the opposition from the immigration groups:…
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NEWS: DOJ finally admits that Wilbur Ross talked to Steve Bannon about the decision to demand citizenship info on the #2020Census. Ross suddenly “recalls” this now, in a new DOJ filing in @NewYorkStateAG et al’s suit. It’s no wonder they’ve been fighting Ross’ deposition...
@NewYorkStateAG Here's the full DOJ filing:…
Here’s the relevant bit from the March 20, 2018 congressional hearing —>

@RepGraceMeng: “Has the president or anyone in the White House discussed with you or anyone on your team about adding this citizenship question?"

Ross: "I'm not aware of any such.”
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Big news out of Washington state this morning: The state's death penalty law has been struck down as unconstitutional and all current death sentences (eight, I believe) converted to life in prison.
Here's the full opinion, which the Washington Supreme Court bases on the state's constitution, so it cannot be appealed to #SCOTUS:…
Here's my breaking news report —> Washington State's Death Penalty Is Unconstitutional, The State's Supreme Court Rules…
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NEW: Justice Brett Kavanaugh was confirmed to #SCOTUS, but the ethics complaints filed against him haven't gone away — per letter just made public, Chief Justice John Roberts is transferring them to the 10th Circuit…
What happens now? Judicial ethics experts have said they expect the complaints against Kavanaugh ultimately to be dismissed — the misconduct review process that applies to lower court judges doesn't cover justices, and #SCOTUS doesn't have its own system…
Notably, the 10th Circuit is where Roberts sent an ethics complaint against former DC federal district chief judge Richard Roberts, re: decades-old allegation pre-dating his time as a judge that he sexually abused a teenage witness in a case he prosecuted…
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Off to #SCOTUS.
#SCOTUS, Oct. 10, 2018.
ACLU’s @WangCecillia, who argued Nielsen v. Preap, reconnects with her colleagues outside the court on Wednesday.
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DOJ — given 48 hours to go to #SCOTUS following this afternoon’s 2nd Circuit ruling that Commerce Sec Ross has to sit for a deposition in the Census citizenship question challenge case — acts quickly, filing this evening requesting a stay from #SCOTUS.
NEWS: Justice Ginsburg orders a response by 4p Thursday to the stay request in the Census citizenship question case and stays the district court’s orders (including the Ross deposition order) pending the filing of that response and further order from her or the full #SCOTUS.
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Breaking: #SCOTUS allows North Dakota voter ID requirement, which had been enjoined during the primaries, to be enforced during the general election.
Here was the filing asking #SCOTUS to lift the stay that had been entered by the 8th Circuit of the district court's injunction:…
Here was North Dakota's opposition to the request. (The state hired William Consovoy in DC as outside counsel.) —>…
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Off to #SCOTUS, where Justice Brett Kavanaugh has joined the court and will be hearing arguments in two criminal sentencing cases today.
Another person to watch: Chief Justice John Roberts, who now gets to decide what to do with his Supreme Court. Read my story about that aspect of this change:…
#SCOTUS, Oct. 9, 2018: Justice Brett Kavanaugh’s first day on the court, as a small group of protesters remain: “This isn’t over.”
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My latest —> Chief Justice John Roberts Now Gets To Decide What To Do With His Supreme Court… #SCOTUS
Back in January 2017, I wrote about how the chief justice had handled the 8-justice court after Scalia's death, a pattern I'd been watching since the marriage cases and have been slightly obsessed with since. —>…
In January of this year, I put down what I'd been observing — an ever-so-slight shift from the chief — into words, noting how it wasn't quite clear yet why it was happening (or what Kennedy's departure would mean for it).…
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I was with you up until this point Grummz

The problem we face is not external it never was

Don't get me wrong here, the enemy is at the gates rn, but before you can win that battle the key thing republicans need to contend with is years of programming by the left
If you're thinking in terms of defensive actions you've already lost. The left's guiding principle is to attack and, in doing so, force the right onto the defensive

On a long enough timeline a continuous defensive position leads inexorably to defeat
Look at all the accounts that have fallen one by one on here. Some to lack of technical knowledge, some to sheer frustration and some to abject fear

But the numbers of those that do keep strapping back in are falling by the day
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I realize the #justicekavanaugh confirmation has been a hyper-partisan issue (that by itself is very concerning for a Supreme Court nomination) 4 wks now but why have the #Hamilton68 Russian influencer accounts spent so much oxygen on this? Like #BeersforBrett ?
We looked at our roughly 310 Twitter accnts that we reversed engineered as #Hamilton68 accnts (described at and we created wordclouds 4 various segmented categories of our Hamilton68 accounts over the past wk & highlighted them related 2 Judge #Kavanaugh
The first set we looked was our set of #Hamilton68 accounts that focus on Russian geopolitics. 14658 tweets were analyzed over a period of a week and #kavanaugh was the main hashtag promoted as it related to Judge Kavanaugh
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1. When the actions of our government spark mass protest it is a sign that the democratic process is unwell - that the government is operating well-outside the mainstream. Historically, the reasons differ.
2. Usually, it is because the government is resisting change that is wanted by the majority of the country - as with the Suffrage and Civil Rights movements. It can also be due to a disagreement of the majority with policy - as with the Vietnam War.
3. The mass protests witnessed since 2016 are a bit different. We have seen a majority party not just resisting progress, but wishing to dial it back - fully aware it is against the wishes of the majority of the population.
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I won't be lectured about majorities or electoral politics on the day #BrettKavanaugh was confirmed to #SCOTUS with the help of a goddamned Democrat.

I don't care where he's from or the demographics of his state. I don't care about any of that bullshit.

He deserves some fire under his feet on the day he voted FOR a fucking lying racist rapist who is probably going to overturn ROE v. WADE and a host of other important pieces of legislation.

He could have called in sick.

He could have abstained.

He could have stood on the Senate floor and said "I am casting this vote because my constituents have asked me to and I am their representative, but I personally strongly oppose this nominee, and support Professor Ford.

Instead he basically endorsed Collins speech.

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Big #Republican influencers were there at the beginning, the funders behind the organization called the @FedSoc that selected #Kavanaugh.

(Per White House itself, #FederalistSociety was “insourced” to White House for this.)
Big #Republican influencers were there after selection, behind the multi-million #darkmoney campaign to pressure Senators on #Kavanaugh.
Big #Republican influencers loomed over the Senate during hearings and votes, and are ecstatic today claiming their prize.
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#SCOTUS 🇺🇸⚖️🏛️#114thJustice Brett M Kavanaugh sworn in. Attending wife Ashley, daughters Margaret and Liza administered by #ChiefJusticeRoberts and then #JusticeKennedy. Congratulation to EVERY Senator who voted for this fine man, and the President who stood by him. #MAGA🇺🇸
What a Day! Thank you President Trump #PromisesMadePromisesKept 🇺🇸
Party at the Kavanaugh's, bring your RED solo cups ❤️🇺🇸✌️😎
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Philadelphia Times, after bitter & narrow Supreme Court confirmation battle: when the new Justice “don[s] the robe,” it will be “the saddest thing yet witnessed by those who have watched with pain the gradual" "moral rot" of the Court.
The year? 1881... 1)…
2) The Philadelphia Times's rhetoric was similar to that of other media outlets, like Harper's Weekly, which ran a cartoon suggesting that the Supreme Court's prestige had collapsed under the stress of the bitter Senate confirmation fight...…
3) Today, that Justice is most remembered for his groundbreaking #SCOTUS opinion in Yick Wo v. Hopkins, which held that San Francisco violated the Equal Protection Clause of the 14th Amendment by applying a laundry-shop regulation discriminatorily against Chinese immigrants...
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25 years ago, though, there was far less at
stake beyond the abortion decisions. #SCOTUS had not become omnipresent, the Chevron Doctrine an unleashing of bureacratic extremism, a willingness to dive into gerrymandering. So conservatives focused on talent, credentialed it, promoted it, and now is poised to argue to the
the new #SCOTUS a need for a renaissance in Constitutionalism, based on the originalist approach. Activist originalsim in pursuit of the rule of law, not the rule of elites, not of bureaucrats, but on the powers of Article I and II authorities, cabined by Bill of Rights.
Read 3 tweets
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