Discover and read the best of Twitter Threads about #SCOTUS

Most recents (24)

This is a reasonable, “middle” position re the ruling, but the appeals court, if it agrees w/this assessment, will have to explain how he beating heart of Obamacare can be removed but the body live on. Replay the debates of 2009-10: The mandate was the sine non qua of ACA.
If it falls because the Congress removed its constitutional foundation —thus making the mandate an orphan from any and all enumerated powers— severability becomes complicated. The mandate was the load bearing wall of ACA, and Congress repealed the tax which “made” the mandate.
The estimable @jadler1969 and Abbe Gluck argue the 2017 Congress could not have intended this result for if it had, it would have repealed the entire law. nytimes.com/2018/12/15/opi… This ignores that the Congress can be presumed to know (1) it’s own reconciliation rules and
Read 11 tweets
1/ Thread analyzing Judge O'Connor's ACA decision drive.google.com/file/d/1CAbrWy…
2/ The court found that the individual parties have standing, even though there is no penalty for going uninsured: there is no requirement to show economic injury to establish standing. The mandate, by itself, suffices.
3/ Moreover, a decision for the Plaintiffs would "free" them from mandate, so causation and redressability are satisfied.
Read 36 tweets
Trump: Day 690
-Sz 'Proud 2 Shut Down Government'
-Stormed Out After Oval Office Mtg
-Manhood Questioned by Rep Pelosi
-Sz Military Will Finish Building Wall
-Denied Time's 'Person of the Year'
-Defends Saudi Crown Prince MbS
-Weakening Fed Clean Water Rules
Add...
Day 795 since Donald Trump admitted to sexual assault — yet he’s still in the Oval Office
Add...
Day 646 of NO EVIDENCE produced by Trump that his phones were tapped by Obama.

The FISA warrant Trump referenced targeted Carter Page. #TrumpLies
Read 81 tweets

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BREAKING: Trump administration goes to #SCOTUS seeking an order allowing it to enforce its asylum ban. buzzfeednews.com/article/chrisg…
ACLU's Lee Gelernt: "The Trump administration is asking the Supreme Court to short-circuit the normal judicial process and reinstate a blatantly unlawful policy. We will vigorously oppose this latest stay request, as we did in the Ninth Circuit." buzzfeednews.com/article/chrisg…
UPDATE: Justice Elena Kagan has called for a response to DOJ's request to enforce its new asylum ban policy by noon Monday, December 17. buzzfeednews.com/article/chrisg…
Read 4 tweets
#SCOTUS, Dec. 10, 2018. Orders at 9:30a, with opinions in one or more argued cases expected at 10a.
#SCOTUS grants one new case this morning: Kisor v. Wilkie (18-15), limited to question 1: "Whether the Court should overrule Auer and
Seminole Rock." (This could be big.)
Here's the cert petition: supremecourt.gov/DocketPDF/18/1… / Response:
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It's not possible to comment intelligently on #Mueller & the entire #investigation without reading LICENSED TO LIE: Exposing Corruption in the Department of Justice, self-funded and published in 2014 for the purpose of educating the public on the need for #CriminalJusticeReform
2. It crosses @GOP & @DNC administrations but has come to expose serious political abuses of #DOJ. It's made a lot of powerful people very angry.
The @FedSoc has not let me speak on topic since the book came out.
My own #BarAssociation @TexasBarCLE won't let me speak on it. WHY?
3. The book is TRUE, reads like a legal thriller but NAMES prosecutors who rose to positions of great power on the backs of people they wrongfully convicted.
It NAMES federal judges who turned a blind eye to egregious injustices.
No one has challenged a word of it, nor can they.
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1. I had to turn @MSNBC off when @AlexWitt put Sam Nunberg on. @CNN was worse. Heard them say no federal officer can be charged with a crime. See 28 U.S. Code § 1442 - "Federal officers or agencies sued or prosecuted."
2. Now that Sam the Sham is off I was back to @MSNBC and the panel was discussing whether President can be indicted. There is something that happens on TV when attorneys talk about this. They all forget states prosecute too and DOJ 2000 memo only dealt with federal prosecutions.
3. Glenn Kirschner seems to get it. He's a career prosecutor. Danny Cevallos cites Art I, Sec 3 para 7 for the proposition that the President can't be charged. IMO that's wrong. That clause makes clear impeachment doesn't bar a future prosecution. Art I, 3, 7 is not directed
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BREAKING: #SCOTUS will not stop Tennessee's scheduled execution of David Miller, who is to be executed by electric chair. Justice Sotomayor dissents.
In the second petition/stay request before the court in Miller's case, also denied, Sotomayor writes about her reasons for dissenting: "These cases are the unfortunate byproducts of this Court's decision in Glossip v. Gross. Such madness should not continue."
Sotomayor has long criticized the court's decision in Glossip, which made clear that death row inmates challenging their method of execution must provide an alternative means of execution. Part of her criticism, at issue here, comes down to: But what if both are unconstitutional?
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J. Kavanaugh says that stare decisis is "part of the original understanding" of the Constitution, citing Fed. 78. Precedent must be "egregiously wrong" to overturn. He gave very similar testimony during his confirmation hearing. See post by @RandyEBarnett reason.com/volokh/2018/09…
Justice Kagan criticized "one note" originalist brief and oral argument. Not everyone thinks originalism is "alpha and omega of every constitutional question."
J. Gorsuch also seems to embrace Chisolm v. Georgia: "the people were the sovereign."
Read 9 tweets
#SCOTUS, Dec. 6, 2018, a rare Thursday argument day.
First take out of Gamble v. US: There’s only a very narrow (and unlikely) path for five votes to overturn the current and longstanding rule allowing for dual prosecutions from different sovereigns (as in this case, Alabama and the federal government).
Justices Ginsburg & Thomas had previously suggested the court should re-examine this issue, & they were joined today by Justice Gorsuch in skeptically questioning the federal gov’t (and Texas) defenses of the rule. The Chief Justice had some skeptical questions for both sides.
Read 7 tweets
JUST IN: In a series of orders, #SCOTUS will not stop the scheduled execution in Texas of Joseph Garcia. There were no noted dissents to any of the requests to stop his execution.
Here are the other four orders from #SCOTUS, denying Joseph Garcia a stay of execution.
The news follows @csmcdaniel's report on how Texas gets its execution drugs: buzzfeednews.com/article/chrism…
Read 3 tweets
#SCOTUS grants no new cases in today’s orders. Here are the orders: supremecourt.gov/orders/courtor…
The court did GVR 2 cases—grant, vacate, & remand—asking lower courts to reconsider a ruling in a case in light of a recent #SCOTUS decision. While the one GVR is based off of a decision issued last week, the Fleck GVR follows several conferences & the Janus decision from June.
Here’s more on the Fleck case, which “challenges the constitutionality of North Dakota’s mandatory bar association laws under the First Amendment.” supremecourt.gov/search.aspx?fi…
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JUST IN: #SCOTUS reschedules this week's Wednesday argument — Gamble v. US — for Thursday, in recognition of the presidential designation of Wednesday as a "National Day of Mourning for George H.W.
Bush."
Not a big difference to the court or justices, but a change for the advocates — who have been preparing for the argument and now likely will have to make travel changes and deal with other administrative headaches, in addition to having another 24-hour wait.
A fair point! (And, I would imagine the clerk's office talked with the parties' advocates in advance of announcing the change.)
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1. 🚨URGENT: MUST READ 🚨

👉🏼 Incoming THREAD

#Q has told us many, MANY times to read the Executive Orders. So, I decided to do a deep dive.

#POTUS Executive Orders show clear plans for MASS ARRESTS & MILITARY TRIBUNALS

#QAnon #TheStorm #WWG1WGA
2. Below I lay out the evidence for President Trump’s plan to issue mass arrests of DS traitors, then try them for treason under military tribunals.

These EO's clearly spell out the timeline, and WHY we haven't seen arrests.. YET.

It's coming! But when?
Buckle up & read on👇🏼
3. Executive Order 13825: March 1, 2018 - "2018 Amendments to the Manual for Courts-Martial, US"

The Deep State's attempt to start WW3, kill 90% of humanity and create a coup on the government has been axed.

Thank you #POTUS 🙏🏻

#MAGA 🇺🇸 #QAnon
Read 46 tweets
1/ Oral Arrguments in Timbs felt like McDonald v. Chicago redux.
In 2010, J. Stevens asked about Apodaca, and whether some rights could apply differently to federal and state governments. In 2018, RBG asked about Apodaca and non-unanimous jury trials. #SCOTUS
2/ In 2010, Paul Clement said Apodaca was an "outlier." In 2018, Wesley Hottot said Apodaca was "anomalous."
3/ In 2010, J. Ginsburg asked if the Court would have to incorporate the Grand Jury and Jury Trial Clauses. In 2018, J. Alito asks about other rights not incorproated, including the right to a grand jury proceeding.
Read 9 tweets
The Chief Justice dropped a key footnote in yesterday’s 8-0 major victory for property rights v Endangered Species Act extremism: “Intervenor Center for Biological Diversity raises an additional ques- tion in its brief, arguing that Weyerhaeuser lacks standing to challenge 1
the critical-habitat designation because it has not suffered an injury in fact. We agree with the lower courts that the decrease in the market value of Weyerhaeuser’s land as a result of the designation is a sufficiently concrete injury for Article III purposes. 2
See Village of Euclid v. Ambler Realty Co., 272 U. S. 365, 386 (1926) (holding that a zoning ordinance that ‘greatly . . . reduce[d] the value of appellee’s lands and destroy[ed] their marketability for industrial, commercial and residen- tial uses’ constituted 3
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Off to #SCOTUS, where we have arguments in Timbs v. Indiana at 10a over the “excessive fines” clause of the Eighth Amendment and whether its prohibition should apply—or be incorporated—against the states. It’s a case, in part, about asset forfeiture, and has drawn much interest.
Here’s a preview from @AHoweBlogger —> scotusblog.com/2018/11/argume…
#SCOTUS, Nov. 28, 2018.
Read 15 tweets
“Our analysis starts with the phrase ‘critical habitat.’ According to the ordinary understanding of how adjectives work, ‘critical habitat’ must also be ‘habitat.’
Adjectives modify nouns—they pick out a subset of a category that possesses a certain quality. It follows that ‘critical habitat’ is the subset of ‘habitat’ that is ‘critical’ to the conservation of an endangered species.” —Chief Justice Roberts for unanimous #SCOTUS today.
This is an enormous win for landowners and more will follow as common sense marches off to strike down decades of abuse of the Endangered Species Act. supremecourt.gov/opinions/18pdf…
Read 3 tweets
#SCOTUS, Nov. 27, 2018.
It's a one-box day at #SCOTUS. Opinion(s) coming in moments.
First — and only — #SCOTUS decision today is from Chief Justice Roberts in Weyerhaeuser v. US Fish and Wildlife Service, vacating and remanding the 5th Circuit. Decision was unanimous, though Kavanaugh did not particpate.
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In a filing tonight, DOJ urges #SCOTUS not to take up the Tom Goldstein-backed challenge to Acting AG Matthew Whitaker's authority in a case over gun restrictions. Here's the filing: supremecourt.gov/DocketPDF/18/1…
Here's my previous story on the challenge to Whitaker's authority: buzzfeednews.com/article/chrisg…
Read 3 tweets
CENSUS CASE UPDATE: DOJ goes to #SCOTUS on the eve of closing arguments in the Census citizenship question trial and “suggests” it “may wish to reconsider” putting trial proceedings on hold while it considers the discovery question. supremecourt.gov/DocketPDF/18/1… (h/t @marty_lederman)
Wild to see this filing coming from SG Noel Francisco only on late Monday — after DOJ received trial stay denials from the district court (11/20) and 2nd Cir (11/21) by last Wednesday.
FWIW: Closing the loop on this Census case thread tonight, there was no further docket entry, reflecting #SCOTUS action or anything else, following DOJ’s odd letter filed earlier this evening. supremecourt.gov/search.aspx?fi…
Read 4 tweets
I joined @renato_mariotti and @PattiVasquezCHI last night to talk about the move, as well as the other big legal moves (and Twitter fights) last week. Check it out: itunes.apple.com/us/podcast/on-…
Of the three cases in which DOJ is seeking #SCOTUS review, only one has even been argued before an appeals court. Karnoski, an appeal out of Washington state, was argued on Oct. 10 at the 9th Circuit. You can watch it here: ca9.uscourts.gov/media/view_vid…
The Doe case out of DC is due to be argued before the DC Circuit on Dec. 10. The appeal in Stockman, out of California, was only filed in the 9th Circuit on Nov. 16, so the appeal has not yet even been briefed.
Read 6 tweets
So here's a boring procedural take on these petitions while you enjoy your leftovers. /1
The government says that it needs certiorari before judgment because without it, review would not take place until October Term 2019. /2
But here's the thing: To secure review /this/ Term the petition will need to be fully briefed and submitted to the Court by mid-January. Currently, the briefs in oppositions are due on December 24, 2018. /3
Read 14 tweets
BREAKING: The Trump Administration Just Asked The Supreme Court To Let It Enforce Its Transgender Military Ban buzzfeednews.com/article/chrisg… #SCOTUS
That the administration is doing this today — on a day when many offices are closed and people are not at work and are out shopping or with their families or friends somewhere and not paying attention to the news — should not be lost on anyone. buzzfeednews.com/article/chrisg…
Read 5 tweets

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