Discover and read the best of Twitter Threads about #aklaw
Most recents (17)
BREAKING: The settlement agreement in Imbriani v. Quinn-Davidson indicates that the Bronson Administration is limiting the Anchorage Health Department’s COVID-19 vaccine outreach in response to privacy concerns. THREAD:
Background: The Municipality of Anchorage settled a lawsuit challenging the COVID-19 emergency orders in the weeks after Mayor Bronson took over. 
The settlement agreement, which has not been made public until now, is... WEIRD.
BREAKING: The @FBIAnchorage has charged a Kasilof resident with making unlawful Threatening Interstate Communications for allegedly sending bomb and other death threats to individuals in Vermont. #aklaw
🤔
The response: "What the fuck are you talking about" is priceless.
Today the superior court will hear oral arguments in Midtown Citizens Coalition v. Municipality of Anchorage. "MCC" is an unofficial group that opposes the recall of Assembly member Felix Rivera. The question is whether the Muni properly certified the recall petition. #aklaw
Before posting the MCC v. MOA briefs, it's worth noting that the legal arguments made by Rivera's supporters parallel those made by Dunleavy in Recall Dunleavy v. State. Both Rivera and Dunleavy argued that their recall petitions should have been denied by election officials.
So let's play a game called "Who Argued It." Guess which politician, Rivera or Dunleavy, made the following arguments in court:
1. "The grounds for recall stated in the petition are insufficient as a matter of law, and therefore the petition should have been rejected."
1. "The grounds for recall stated in the petition are insufficient as a matter of law, and therefore the petition should have been rejected."
Happening now: Oral Arguments in APOC v. Patrick #aklaw
AAG Fox's opening: "APOC is just trying to follow the law."
"[Plaintiffs] haven't tried to distinguish these cases" that hold the campaign contribution limits are unconstitutional.
"[Plaintiffs] haven't tried to distinguish these cases" that hold the campaign contribution limits are unconstitutional.
J. Carney: What if our statute is different [from other statutes that have been ruled unconstitutional by fed courts]?
Fox: AK statute doesn't treat the subject groups differently than statutes in other cases. No difference among the statutes. APOC is bound by fed case law.
Fox: AK statute doesn't treat the subject groups differently than statutes in other cases. No difference among the statutes. APOC is bound by fed case law.
Today at 11 am the Alaska Supreme Court will hear oral arguments in APOC v. Patrick, one of the most important cases you've probably never heard of. Harvard Law School Con Law Professor Lawrence Lessig @lessig leads the plaintiffs in a case almost certain to head to SCOTUS #aklaw
2. This case is about whether APOC has discretion to ignore AK's campaign contribution limits for independent expenditure groups. After SCOTUS's 2010 decision in Citizens United, APOC decided AK's law was unconstitutional and unenforceable. Plaintiffs appealed APOC's decision.
3. Senior AAG Laura Fox will argue for APOC. The main point is that AK's statute imposing campaign contribution limits is unconstitutional post-Citizens United and APOC shouldn't be required to enforce it.
drive.google.com/file/d/1qLFnX9…
drive.google.com/file/d/1qLFnX9…
BREAKING: Alaska's Rep. David Eastman and Sen. Lora Reinbold have filed an amicus brief in Texas v. Pennsylvania #aklaw
Eastman, Gillham, Kurka, McCabe, McKay, and Rauscher
Alaska's GOP members of #akleg accuse Pennsylvania et al of "ceas[ing] to oeprate under a Republican form of Government."
BREAKING: Lance Pruitt's lawsuit says the Alaska Supreme Court's decision to eliminate the absentee witness requirement in Arctic Village v. State was "unconstitutional" #aklaw
Pruitt wants the Courts to supervise the @ak_elections recounting (again) or alternatively a "new election." !! This is wild stuff.
Not to be outdone by the stupidity of the 3 Kenai GOP members of #akleg who asked Alaska to intervene in Texas v. Pennsylvania, today Mat-Su Reps. George Rauscher and Colleen Sullivan-Leonard, sent their own undemocratic letter to @GovDunleavy and Acting AG Sniffen #aklaw
"The enormous amount of the election statutes that were disregarded by courtroom after courtroom not just before, but also while the election was already in progress, resulted in countless venues for fraud which will take months to unravel." - what does that even mean?
Seriously, Reps. Rauscher and Sullivan-Leonard are complaining about courts contributing to election uncertainty while encouraging Alaska lawyers (who have ethical responsibilities) to file baseless claims in SCOTUS 🤦♀️
Alaska is NOT one of the 17 states that joined an amicus brief in Texas v. Pennsylvania #aklaw
The amicus states argue that it violates the U.S. Constitution's Electors Clause for state courts to change state election rules. Alaska courts have done exactly that #aklaw
Missouri et al argue that the AK Supreme Court's decision in Arctic Village v. State was unconstitutional because it changed election rules. They don't mention that case (or AK) at all. Who's gonna tell them that they're arguing Trump's 3 electoral votes from AK are invalid?
It would be almost impossible (and frankly perilous to the legal career of any AAG) for the State of Alaska to intervene in Texas v. Pennsylvania. #aklaw Here's why:
1. US Supreme Court rules for original jurisdiction cases, like Texas v. Pennsylvania, allow intervention by other parties according to the Federal Rules of Civil Procedure. Rule 21 requires an intervenor to share a claim or have a common question of law with the main case.
2. Texas is claiming that the Electors Clause of the U.S. Constitution prohibits state courts from changing state election laws. That's what Pennsylvania's court did by allowing late ballots to be counted.
BREAKING: In one of the dumbest and most undemocratic letters ever penned by Alaska officials, 3 Alaska legislators ask Acting AG Sniffen to join a misguided and sanctionable case seeking a ruling from SCOTUS that would invalidate even their own elections #akleg
Apparently @RepVance doesn't even think she was validly reelected to represent HD 31. This is idiotic.
The Muni has removed a civil complaint alleging wrongful death, excessive force, and constitutional violations to fed court. The case was brought by the estate of Dan DeMott, a homeless advocate who was killed in a standoff with Anchorage Police two years ago #aklaw
The defendants include 2 individual Anchorage Police officers, Luis Soto and Steven Chillers, with allegations that they gave seize orders that resulted in DeMott fleeing to a crawlspace and dying from hypothermia.
DeMott had known mental health issues and the complaint highlights the failure of Anchorage Police to take reasonable measures in response to DeMott's crisis.
BREAKING: Recent court filings bring to light new details in the timeline of the Maria Athens saga. Athens was charged for a DUI that occurred on October 5, the Monday before the Friday that she posted allegations involving former Mayor Berkowitz #aklaw
On October 10, Athens was arrested and charged with assault, criminal mischief, and disorderly conduct following an altercation with her partner and news station manager. Athens allegedly kicked the windows of an APD vehicle while she was handcuffed and under arrest.
On October 11, Athens was released, with conditions requiring her to report to the probation office on November 10. Her father, the noted criminologist Lonnie Athens (Seton Hall Univ.) posted her bail.
Happening now: Oral Argument in Alaskans for Open Meetings v. Municipality of Anchorage
Recap: AFOM filed a Motion for Preliminary Injunction to stay enforcement of ordinances passed by the Assembly in August based on violations of the Open Meetings Act and 1st Amendment #aklaw
Recap: AFOM filed a Motion for Preliminary Injunction to stay enforcement of ordinances passed by the Assembly in August based on violations of the Open Meetings Act and 1st Amendment #aklaw
Michael Corey for AFOM
Ruth Botstein for the Muni
Judge Gandbhir: There'll be no ruling today.
Ruth Botstein for the Muni
Judge Gandbhir: There'll be no ruling today.
Corey starts out by making arguments to the public, not the court. This is blatantly political: "The Assembly took it upon themselves not to follow Alaska Statutes."
"Everyone of us has the obligation to follow the law." Lol. CC: Mayor candidate Bronson.
"Everyone of us has the obligation to follow the law." Lol. CC: Mayor candidate Bronson.
Alaskans for Open Meetings (AFOM) has responded to the Muni's arguments that Assembly did not violate the Open Meetings Act by prohibiting in-person participation during Assembly meetings in August. #aklaw
Importantly Point: AFOM argues that the Open Meetings Act does not allow the Assembly to require video/teleconference participation for the public while allowing Muni employees and witnesses to testify in person, which happened in August
AFOM points to legislative history of the Open Meetings Act to argue that it *allows* telephonic/video public participation, but does not permit that as the exclusive means. In other words, there must also be in-person attendance, at least when Muni employees are in-person
At today's hearing, AFOM's attorney, Michael Corey anticipated a problem for Friday's hearing: the Zoom link was "circulating" publicly. He said his client wasn't responsible, and the Muni said they weren't. Problem is, the Zoom link was ONLY sent to those attorneys. Who done it?
The logic here is that Save Anchorage and Alaskans for Open Meetings have lots of members who vehemently oppose remote governmental hearings. A Zoom link could be used by hundreds of those folks to monkeywrench Friday's oral argument...
If only there were some public figure, with known connections to Save Anchorage, who published an article this week discussing the Zoom hearing . . .
@MustReadAlaska?
@MustReadAlaska?
Happening now: Status Hearing in Alaskans for Open Meetings v. Municipality of Anchorage #aklaw
Judge Gandbhir called the hearing to address public participation in Friday's preliminary injunction Zoom hearing. Hearing will also be live streamed on Youtube!
Mario Bird (attorney for AFOM) wants to do in-person hearing. [Because of course he does in a lawsuit challenging telephonic Assembly meetings]
