The ongoing push to disenfranchise American voters, led by the Trump administration and its allies at the state and local level, received a big boost from the #SCOTUS today. This is why elections matter.
The right to vote is the most sacred right we have as citizens. Aggressive voter purge systems like Ohio’s essentially make voting a “use it or lose it” privilege.
Democracy suffers when laws make it harder for U.S. Citizens to vote. This decision is dangerous and damaging and is NOT why we passed the National Voter Registration Act in ‘93. In fact, this goes completely against the spirit of the law.
Here's something that @CNN won't tell you: @POTUS has had a tremendous first year and a half in office.
Taxes have been cut. The economy is growing. Unemployment is down to 3.8%. Gorsuch is on #SCOTUS. ISIS is retreating. The Iran deal is dead. North and South Korea have met. The hostages have come home. The embassy was put in Jerusalem.
Compare this success to Congress. Other than tax cuts, what has Congress done that is worthwhile?
The government has filed a response in #SCOTUS to our supplemental letter in Dalmazzi, suggesting that there is “some dispute” as to whether a military officer who retired from the Army can keep serving on the #GTMO Court of Military Commission Review:
Our position all along has been that military officers appointed to the CMCR (like Judge Herring) hold _two_ offices, & can stay on the CMCR even after leaving the military. It sure seems like the government’s saying that either we’re right or he’s no longer validly on the CMCR.
And if the latter is somehow true, that will just create more headaches for the #GTMO appeals court, where defendants could presumably then challenge any ruling in which Judge Herring participates going forward (and so the court would be down yet another judge)...
Per the article above, this is not a wide ranging ruling on #ReligiousLiberty, although it's still not good news for #LGBT rights, and many people will probably *perceive* it as a wide-ranging decision. 2/4
There are details to consider to this ruling that are still coming to light. 3/4
2. The key to understanding Calabresi's argument is to understand that it is actually two _different_ arguments that need to be addressed separately:
(i) that Mueller's _appointment_ violates the Appointments Clause; and
ii) that Mueller's _actions_ violate the Clause.
3. The first of these arguments is a claim that, based on the terms of the office, the Special Counsel is a "principal" officer under the Appointments Clause, and must therefore be nominated by the President, confirmed by the Senate, and removable at will by the President.
For 3yrs #SCOTUS was my beat.
It taught me so much--like that you vote as if SCOTUS depends on it.
So all you "couldn't vote for Hillary" folks?
Thanks for today's decision by #NeilGorsuch.
YOU gave us that.
And him for the next FORTY FREAKING YEARS.
Explain it to your kids.
Excellent explanation of how #NeilGorsuch just screwed every worker in America courtesy of Trump/Stein/Johnson voters.
Honestly, America, are you EVER going to get smarter?
The president lasts for eight years max.
The #SCOTUS is forever.
Voting for the wrong SCOTUS is like getting the name of your 5th grade sweetie tattooed across your face 100 times at 10.
The impact is phenomenal and lasting.
1/ Three Important admin law developments in Epic Systems. First, #SCOTUS applies the so-called Major Question doctrine to another context--labor relations. I discuss this doctrine in my @HarvLRev article on Zubick/Texas papers.ssrn.com/sol3/papers.cf…
2/ Second, though #SCOTUS declined to revisit Chevron--no one asked it to--it rejects deference because NLRB does not administer the Arbitration Act. That would not have been Congress's intent.
#OTD 5/17/1954 the Supreme Court decided one of the most important decisions in U.S. history: Brown v. Board of Education. The Court held that the 14th Amendment (adopted 150 years ago) bars racially-segregated schools... #CourtingHistory #14at150 #EqualJusticeUnderLaw
1/ Brown v. Board of Education is one of the most familiar cases to Americans (see, e.g. this poll broadcastingcable.com/news/c-span-ro…). Because the basics of the case are so familiar, and many will highlight them in other venues, I won't rehash the core of the case...
2/ But some might find it interesting to (a) remind people about Plessy v. Ferguson, the case that the Court overturned in Brown v. Board; and (b) survey the originalist arguments in defense of the outcome of Brown v. Board...
Mired in scandal--for everything from allegedly taking money to facilitate a pardon to being 'soft on porn'--Supreme Court Justice Abe Fortas announced his resignation #OTD 5/14/1969. That #SCOTUS seat remained vacant for nearly 2 more years... #CourtingHistory
1/ Before joining the Court, Abe Fortas was famous for his role representing Clarence Gideon in a 1963 #SCOTUS case holding states have an obligation under the 14th Am. to provide counsel to criminal defendants who can't afford one... oyez.org/cases/1962/155
2/ Fortas was a close friend and confidant of President Lyndon B. Johnson, who nominated him to the Court in 1965.
STARTING NOW! Turn your TV to @MSNBC to watch @Sifill_LDF break down the dangers of the Trump Administration appointing anti-civil rights judicial nominees like Wendy Vitter, Andrew Oldham, and Thomas Farr to lifetime seats on the federal bench. #CourtsMatter
Structural #misogyny is as deeply entrenched as #racism. Women are paid less: only 5% of highest wage earners & 80% of lowest. 1 in 5 is raped, 1 in 4 a victim of DV. Hillary addressed BOTH racism & misogyny AND pledged to create a gender & race parous admin, upending status quo.
Mick Mulvaney's comments show the corruption and problem of pay-to-play politics, but voters already understand this problem. Americans feel it every day when we know our needs are not being prioritized like lobbyists' wants.
Voters need proven solutions, so here are a few:
We need to improve our disclosure laws to ensure everyone knows who is spending money to influence our elected officials. There should be no such thing as a "secret money" or "dark money" group. We have a right to see all money being raised & spent in elections.
We need to move to a campaign finance system that empowers small donors. States like Connecticut & Maine (and many cities and counties across the US) have successful campaign public financing programs that match small dollar contributions with public funds.
There is much to be excited about J. Gorsuch's opinion in Dimaya: in particular, his discussion of how vague statutes implicates the separation of power. Expect these passages to be cited for decades to come in opinions concerning the non-delegation doctrine. #SCOTUS
2/ This passage from J. Gorsuch's Dimaya opinion may also shed light on his views concerning economic liberty. He lists "remedies that strip persons of their professional licenses and livelihoods" (unenumerated right) alongside the enumerated takings clause. #SCOTUS
3/ Note this footnote from J. Gorsuch--the discussion about due process rights of aliens will no doubt play a role in the upcoming travel ban ruling.
1. At the risk of trying to bring some nuance to Twitter, what follows is a #thread on U.S. law vis-a-vis the war powers, and why the legality of the #SyriaStrikes as a matter of U.S. law (to say nothing of int'l law) is both far from certain and revealing of far deeper problems:
2. Let's start from first principles. For uses of military force to be lawful as a matter of U.S. domestic law, the authority to use such force must stem either from an Act of Congress or from the President's powers under Article II of the Constitution.
3. As the government has already implicitly conceded, no statute authorized these strikes.
Although both the Obama and Trump administrations have relied upon the 2001 Authorization for the Use of Military Force (#AUMF) to use force _in_ Syria, those strikes were against #ISIS.
“I’m not gonna do it again,” Trump says of today’s omnibus bill. Trump reiterates his desire to get rid of the filibuster, calls for a line-item veto power, and continues to claim that Democrats don’t want a DACA solution (despite that he ended DACA). pscp.tv/w/bYUxLTI3ODI4…
In 1922 the KKK led a successful campaign to compel Oregon parents to send kids to public schools. #OTD 3/16/1925 the Society of Sisters-Catholic nuns operating a private school & orphanage-argued to SCOTUS the law was unconstitutional... #CourtingHistory
1/ KKK's influence was strong in 1920s, and its targets included the Roman Catholic Church as well as racial, ethnic minorities. The KKK allied with other groups to use government to strengthen cultural homogeneity... oregonencyclopedia.org/articles/ku_kl…
2/ They argued private schools (especially Catholic schools which often had immigrant students) were a threat to 'American' culture. 53% of Oregon voters supported a ballot measure to make it a crime if parents didn't send kids aged 8-16 to public school...oregonencyclopedia.org/articles/pierc…
20 states seek to hold Roberts to his saving construction: "Because this recent amendment renders legally impossible #SCOTUS prior savings construction of ACA's core provision—the individual mandate—the Court should hold that the ACA is unlawful and enjoin its operation."
COUNT ONE: "Declaratory Judgment That the Individual Mandate of the ACA Exceeds Congress’s Article I Constitutional Enumerated Powers"
I'm back on the #soapbox. And I'm going to be on it a long time talking up #CitizensUnited until it sinks into the brain of everyone here. If we want a HOPE of restoring the #integrity of our #elections it MUST be overturned. #DarkMoney is overriding our voices in the ballot box.
1/ PA Republicans seek emergency stay from J. Alito: "unless this Court intervenes to enforce the distinction within the state between “the Legislature thereof” and the other branches, the Elections Clause will be rendered meaningless." #SCOTUSelectionlawblog.org/wp-content/upl…
2/ The basis of the challenge is one of delegation: does the Constitution delegate the map-drawing power to the state legislature (law-making) or the state court (law-interpreting)?
3/ The application expressly relies on Arizona State Legislature, which focused on the "lawmaking" power and "empower[ing] the people" #SCOTUS
J. Thomas dissents from denial of cert in Silvester v. Becerra, which "California’s 10-day waiting period for firearms." CT writes "the Second Amendment is a disfavored right in this Court." supremecourt.gov/orders/courtor…