Discover and read the best of Twitter Threads about #Scotus

Most recents (24)

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:… But the closer one looks at Parnas, the more we recall Kavanaugh and of course SC Mueller.
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I'm late in taking a look at the list of #SCOTUS candidates that @WeDemandJustice issued in October.… 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/
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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.
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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.

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.

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
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.@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.…

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
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
207 members of Congress filed a friend-of-the-court brief in a #SCOTUS case involving a challenge to a TRAP law [Targeted Regulation of Abortion Provider] that would force all but one clinic in Louisiana to close.
The brief says that prior SCOTUS precedent including Roe v. Wade should be reconsidered and “if appropriate” should be overruled.
The brief should be no surprise – since Roe v. Wade was decided in 1973, the other side has done everything to chip away at the right to abortion/abortion access or take direct aim at the right.
Read 7 tweets
The [DS] is in for much more than they bargained for. The #QArmy is well connected. We are a multitude and we are everywhere. We are your neighbor, your coworker, your doctor, your grocery clerk, the traffic cop, your waiter... 👀 watching and 👂👂listening. #WWG1WGA #TickTock
The end is near for the [DS] cabal and the Leftist Coup. #GITMO is open for business! Federal Judges in place! #MilitaryTribunals pending. #FISAAbuses #PainIsComing #JusticeIsComing #Treason is punishable by death! #GameOver #nobodyisabovethelaw #QArmy #WWG1WGA #PatriotsAwakened
@RepAdamSchiff you won't have anywhere to hide from what's coming! You won't be able to go out in public anymore when the judgement falls on your front porch. But don't worry, you will have plenty of company where you're going. You all will get a free one way ticket.
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@astellarwedding @CatHoffman14 1/ Trump has made the strong US economy a core part of his reelection campaign. The President routinely talks about how low the unemployment rate is and has worked to build a narrative that under his administration, the economy has improved significantly.
@astellarwedding @CatHoffman14 2/ Job growth has been robust under Trump but it still lags behind the pace set during the final two years of the Obama administration.
@astellarwedding @CatHoffman14 3/ From January 2017 through May 2019, the US economy has added an average of 195,000 new jobs every month, compared to 210,000 a month during 2015 and 2016.
Read 51 tweets
1. We assume the the Senate rules are constitutional because the courts generally defer to the legislature and consider issues of internal governance as 'non-justiciable.' But the trial of a @POTUS adds another branch. Can the legislature simply negate judicial power?
2. judiciary in the presidential impeachment process?
Art. I, 3.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside.
3. "Preside" does not mean act as a figure head in a show trial. We could file in #SCOTUS for a ruling or at trial tee-up a ruling by Roberts on the constitutionality of the 1986 Senate Impeachment Rules. @SpeakerPelosi @LeaderHoyer @RepJeffries @RepJerryNadler @RepAdamSchiff
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Merry Arbitration and Class Action Waiver-mas to you and yours from @CondeNast (and #SCOTUS)!
They’re not alone. Here’s @Patreon as well with an email, and updated policy, tonight:
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@leadahorse2 @sergcg @qAnon5_5 @h8Wankmaggot45 @WillWith2Ls @Xlyrzblre @Pacoluismonta9a @twit_kung_fu @1980Dorothy @suzy_swears @judgingurn @Mike69740911 @Rosie 1/ The House is after Trump’s tax and financial records because it knows Trump is a tax cheat a money launderer for Russian oligarchs. Trump would ignore attempts to get that evidence from him, so the House subpoenaed it from his accountants (Mazars) and bankers (Deutsche Bank).
@leadahorse2 @sergcg @qAnon5_5 @h8Wankmaggot45 @WillWith2Ls @Xlyrzblre @Pacoluismonta9a @twit_kung_fu @1980Dorothy @suzy_swears @judgingurn @Mike69740911 @Rosie 2/ House subpoenas were issued by two committees: Financial Services and Intelligence. Financial Services said it wanted the records to help consider new laws that might stop Trump’s crimes in the future. Intelligence said it wants the records to see whether Trump is compromised.
Read 33 tweets
1. My estimate of the #Trump #Impeachment trial possible outcomes:

If we start the @POTUS @realdonaldtrump #Impeachment trial before #SCOTUS rules we have <10% chance to win.
2. If we wait until #SCOTUS rules, we have ~25% chance we win. That analysis takes into account the possible, though unlikely, chance Trump wins at #SCOTUS.

Applying the same analysis but with the assumption that Trump loses at SCOTUS, I estimate >75% Trump is gone by June.
3. Maybe @VP is gone too if he doesn't cough up the documents.
Trump is a mobster. Everybody knows that. And his documents will prove it.
@SpeakerPelosi @LeaderHoyer @WhipClyburn @RepJeffries @SenateGOP @HouseGOP
Read 3 tweets
1. My recommendation: Wait until financials are ordered released by #SCOTUS. Everyone knows @POTUS @RealdonaldTrump has mob connections and the documents will bring him down within months of the election, leaving the @SenateGOP in chaos. @SpeakerPelosi @LeaderHoyer @WhiteHouse
2. The goal is total destruction of the Russia infiltrated @GOP and taking a filibuster-proof control of the Senate to fix all the damage the Trump/Putin administration has done to our country. Wait for his taxes and bank records and then tee up his indictment by @ManhattanDA.
Read 3 tweets
1. Trial schedules are not an abstraction to me. Here is the presiding judge's calendar. I don't see this going before the opening in late January or February unless the #SCOTUS is going to blow up its calendar and if they're going to do that, advance the ruling on Trump
2. finances. @POTUS @realdonaldTrump is a mobster. Everybody knows that.

CJ should advance the argument on documents to week of January 6th and a trial last week of January or early Feb. The House needs to find an appropriate way to conference with the #SCOTUS CJ. Perhaps the
3. #SCOTUS Chief Clerk. Collins and @RepJerryNadler @RepJeffries or @RepAdamSchiff.

Also, I remain firm the 1986 Senate Rule on the power of the presiding judge is unconstitutional.
Read 3 tweets
To me, the most important takeaway from today's Fifth Circuit #ACA ruling is that #SCOTUS is off the hook, at least for now.

Yes, the court struck down the "individual mandate." But the real question (whether the rest of the ACA must fall) got kicked back to the district court.
It's entirely possible that we're right back in this same place a year from now, if the district court reaffirms its ... controversial ... severability analysis and this same panel affirms. But this issue could look very different to #SCOTUS in early 2021 than it would look now.
And so long as the rest of the ACA isn't going anywhere in the interim (which, for now, it isn't), there's just no imperative for the Justices to step in now. So even though California (et al.) may ask #SCOTUS to take the case, I'd be shocked if the Court agreed—at least for now.
Read 3 tweets
Five new grants from #SCOTUS today:
Also a complex, but important, immigration-related grant in Pereida v. Barr:…
Read 4 tweets
Late Friday the Supreme Court issued a ruling that will block any legally sanctioned disclosure of Trump’s tax returns until about next summer. For all practical purposes, they have terminated these investigations. [thread]
Our Supreme Court has chosen to use its power to protect the President and strip us of our ability to hold him accountable for crimes.
The continued secrecy of @realDonaldTrump's finances is an existential threat to our democracy.
Let me explain.
Read 36 tweets
Recently, some whose views I greatly respect like @DavidJollyFL are calling for @SpeakerPelosi to postpone an #impeachment vote due to statements by @SenateMajLdr and @LindseyGrahamSC indicating the United States Senate will NOT conduct a fair and impartial trial...

2 of 17

#WeThePeople MUST demand @HouseDemocrats AND @HouseGOP proceed with the #ImpeachmentVote of President Trump on a bi-partisan basis. Subsequently, the Senate, MUST hold a fair and impartial trial in which the rules and witnesses are agreed to on a bi-partisan...

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...basis by the @SenateJudiciary @JudiciaryDems Committee. OUR House, the White House is on fire. The arsonist, Pres. Trump, was in the House setting it ablaze w/a blow torch. He’s exchanged the blow torch for a rocket launcher and taken aim at the #2020Elections.

Read 18 tweets
1. By @SenateGOP like @McConnellPress and @LindseyGrahamSC admiting openly that the Senate Rules allows them to make a mockery of the solemn duty to be an impartial Impeachment Trial juror, the @GOP gives the @HouseDemocrats a free pass to move to void the
2. Senate rule that clearly violates the Constitution that says when the President is tried, the Chief Justice presides not the majority as set forth in the 1986 Senate Rule. So moving to void the rule in court buys time to move the Impeachment trial to after the #SCOTUS
3. rules on Trump finances that I am near certain contain evidence that will bring him down in short order. @SpeakerPelosi @RepJerryNadler @RepAdamSchiff @RepJeffries @HouseDemocrats @POTUS @WhiteHouse
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1. Here is the order that, if history is written, could mark almost became a dictatorship. Trump's legal positions are objectively frivolous. If four members of #SCOTUS think there is any validity to Trump's claims, the Republic may be finished. And Russia won.
2. IMO in the Nuclear Missile age of 20 minutes to respond, each state can constitutionally prepare in advance for an independent defense policy under Art I, 10, 3. @DeptofDefense. They won't but I suggest a governor has standing to move to advance the briefing to January.
3. In Hawaii we are at personal risk with a pro-Russian pro-#DPRK tyrant in the @Whitehouse.

So what can Congress do? If I were @SpeakerPelosi, I'd impeach as planned but announce a delay in appointment of the Managers until the #SCOTUS rules and join or file a motion to
Read 6 tweets
#SCOTUS agrees to take up Trump's attempts to keep New York and the House from getting his financial records, as well as two other cases.
The March arguments are quick, but still represent a delay for the House, especially since the decision won't likely come until June at that point. #SCOTUS, if it wanted to do so, could have resolved the cases much more quickly.
(In addition to not needing to take up the cases at all, which was another entirely possible option given that no courts below have sided with Trump.)
Read 4 tweets

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