Discover and read the best of Twitter Threads about #scotus

Most recents (24)

Federal appeals court restores access for @TheJusticeDept to classified documents seized from Mar-a-Lago.
Trump hasn't "even attempted to show that he has a need to know the information contained in the classified documents" nor "established that the current administration has waived that requirement for these documents," says three-judge panel of 11th US Circuit Court of Appeals.
There's no evidence in the record Trump declassified them as president and "in any event, at least for these purposes, the declassification argument is a red herring because declassifying an official document would not change its content or render it personal," says the panel.
Read 5 tweets
There it is. DOJ got both things it asked for at the 11th Circuit (and from a two Trump-judge panel): not needing to turn over the documents with classification markings for the special master’s review and allowing them to use those ~100 documents in the criminal investigation.
The question now is if Trump’s team will try to take that to #SCOTUS, technically, asking the justices to vacate the stay just entered by the 11th Circuit.
The “Factual Background” section is worth a read for how damning it is—even when presented by a three-judge panel that includes Brasher! This is not some miracle of ~objective~ judging from the 11th Circuit so much as it is damning of Cannon’s actions in the case. Three examples: On that date, Plaintiff asked for another extension of time Plaintiff sought (and received) an extension of time to pro-Based on this evidence, the magistrate judge issued a search
Read 12 tweets
Just a reminder that somewhere between 4–10 of the lean/likely GOP seats would be lean/likely *Democratic* seats but for #SCOTUS’s unsigned, unexplained stays of district court injunctions that had blocked congressional maps in Alabama and Louisiana — and their effects elsewhere.
See this @miwine story for more:…
Simply put, if the Republicans retake control of the House with a majority < 10 seats, we ought not lose sight of the fact that #SCOTUS's unexplained interventions in Alabama and Louisiana may have been *dispositive* in producing that outcome.
Read 3 tweets
Three months ago tonight, I announced that I was going to be starting a newsletter. Just hours shy of the three-month mark from my first subscriber, I passed 3,000 subscribers to @lawdorknews earlier today.
I am so grateful for the response that I’ve received to the return of Law Dork. The subscribers — including those of you who’ve become paid subscribers! — the kind things people have said about the newsletter, and the love & help of my family and friends. THANK YOU ALL SO MUCH!
It’s truly humbling to see this working. I love being able to dive into the stories that I think are important and report on them and write about them in the way that I think is necessary. I know that I’m so privileged to be able to do it, and I’m grateful for it every day.
Read 4 tweets
In Brooklyn for 1st appearance of Trump lawyers and prosecutors before special master in Trump Mar-a-Lago docs fight. Senior US District Court Judge Ray Dearie
Much of the press has been positioned in jury box facing Trusty, Halligan, Kise and Corcoran. Trusty jokes: We've already objected to this jury.
Courtroom isn't full yet....
Read 24 tweets
Just filed at #SCOTUS: Our new amicus brief on why Texas's transparent judge shopping ought to way against its effort to block the Biden Administration's immigration enforcement priorities — including data on how what Texas is doing is *much* worse than blue states suing Trump:
Here's a link to the brief:…

I'm enormously grateful to @LinzCHarrison, @samungar, and their colleagues at @JennerBlockLLP, and to Max Wolson and his team at @NILC, without all of whom this brief would not have been possible.
(This brief is a longer and more in-depth version of a brief we filed earlier this summer in the federal government's unsuccessful attempt to stay the district court's injunction pending appeal. The expanded version is in support of the federal government's appeal on the merits.)
Read 4 tweets
ONE has tried to stop #Koch since 1930s. US allowed Fred Koch to come back AFTER working for Stalin & Hitler. Steralization of #LGBT+ w/ ADF & SCOTUS #Barrett

#KochNetwork funded #Jan6 #Insurrection of #Fascism #DarkMoney

1929-31 Fred Koch #KochNetwork Soviet Union building oil refineries for Stalin & Hitler Nazi Germany prior to WWII. Russia 1956 & Iraq 1958 just prior to Iraq Coup/Revolution. Prior to Soviet Union, worked in England. FBI Docs 👉… 👉…
Iran-Contra Koch & Hayek Mont Pelerin Society member since 1970 - Pinochet & CLOSE ties to Milton Friedman direct help & Hayek several visits to Chilea late 70s & early 80s - specifically defended Pinochet’s regime & Peter Thiel
MISES #KochNetwork…
Read 15 tweets
BREAKING: #SCOTUS denies a stay to Yeshiva University in its fight over recognizing an LGBTQ club, with the 5-4 majority saying the school should seek relief from NY state courts first. A trial court judge in NY has ordered the school recognize the club.
Chief Justice Roberts and Justice Kavanaugh joined the Democratic appointees in denying the school's request to stay the NY trial court's order. Justices Thomas, Alito, Gorsuch, and Barrett dissent.
The decision lifts the temporary stay issued by Justice Sotomayor last Friday, meaning the school will have to recognize the club under the current state court order. Here was my thread from Friday:
Read 5 tweets
Dear Chief Justice John G. Roberts, Jr.,

I’m going to set aside the condescension implicit in your suggestion that questioning the legitimacy of your court is due simply to a disagreement over its decisions. 1/15
Regardless of how you choose to rationalize the unpopularity of your court, the plummet in public opinion is not because some Americans don’t like a few rulings. 2/15
In 2010, I was absolutely horrified by the Citizens United decision (and I still think it is one of the worst decisions ever made by #SCOTUS), but at that time, I still respected the #RobertsCourt as an institution. 3/15
Read 15 tweets
BREAKING: Justice Sotomayor, acting as circuit justice, grants Yeshiva University a stay pending further order of #SCOTUS of a New York trial court order that the religious school recognize "YU Pride Alliance," an LGBTQ-related group.
In plain English, the school does not need to recognize the LGBTQ group for now.
This is not an order of the full court, because the application was to Sotomayor, as the circuit justice for the 2nd Circuit, and the order says nothing about her referring the matter to the full court.
Read 7 tweets
I'm *really* excited to share that my book THE SHADOW DOCKET — an in-depth introduction to the problematic rise of unsigned and unexplained #SCOTUS rulings affecting all of us — is now available for pre-order (and due out from @BasicBooks next May): Image
The "shadow docket" is the less-accessible side of #SCOTUS's workload — the 1000s of unsigned (and usually unexplained) orders the Justices hand down each year.

Historically, these orders have been limited in both their scope and impact. But that's changed *a lot* since 2017.
From immigration to elections; from abortion to the death penalty; from religious liberty to the power of federal executive agencies; #SCOTUS has — with increasing frequency — intervened preemptively, if not prematurely, in some of our country’s most fraught political disputes.
Read 6 tweets
Now that briefing is wrapped up for Yeshiva’s still-pending #SCOTUS application, I have to say how miraculous it feels to have seen so much amicus support for Yeshiva—literally from around the globe.
Some of our amici, like Professor Doug Laycock, were already preparing briefs in a separate state-court appeal that is being briefed right now (though it won’t be decided until next year).
Although we didn’t know we’d be appealing to #SCOTUS until we were denied a stay by two different NY courts last week, those amici were willing to quickly repurpose their briefs when we found out on Monday that a response had been requested.
Read 10 tweets
I meme'd it below, but now for the serious thread.

As many here know, I've been litigating consent by registration for years now. And my pal @tsle33 and his colleagues got the party argument, but I wanted to stay involved. /1
I've been citing Tanya's excellent and oft-cited article on corporate registration and consent for a long time, so I cold emailed her asking if she was interested in filing an amicus brief in Mallory, #SCOTUS's chance to pass on consent by registration's constitutionality. /2
Her response was quick and enthusiastic: She was in! She was a terrific client and really engaged with the brief, and I'm so proud of the product we just filed with the Court.

Want to read it? It's here! /3…
Read 4 tweets
This brief would not exist, but for work by historians to bring these issues to light: Margaret Jacobs and Karen Tani @kmtani first among them. Amanda White Eagle @AmandaRockman and Julius Chen of @akin_gump brought the brief to fruition. Students, though, were the engine. 1/
Law students at @nyulaw, @YaleLawSch, and @StanfordLaw researched tirelessly for months on this brief, alongside history students from @Yale. We are grateful to them for their brilliance and diligence. We also had the support of faculty, including @johnrebird and @mega_flavor.
For research support, NYU Law librarians Christine Park and Alex Burnett were integral, as were the #twitterstorians here, to whom I've turned on a number of occasions. Thank you for this kind and generous community.
Read 4 tweets
#SCOTUS could shake the foundations of Indian law this term in Brackeen, a constitutional challenge to the Indian Child Welfare Act. Honored to file a brief on behalf of @The_OAH and @AHAHistorians. This is the first time either organization has filed in an Indian law case. 1/
Native children have never been the province of the states. ICWA was simply a continuation of 200 years of federal policy over Native children. When the federal government tried to convince states to assume jurisdiction over Native children in the mid-20th c., states refused. 2/
State governments refused jurisdiction over Native families because they were poor and it could not raise revenues from them. Natives were the responsibility of federal and tribal governments, states argued, and they refused to support Native families with state welfare. 3/
Read 9 tweets
If you want to do something terrible with tech, you can't just use it on people with money and status. They'll complain and your idea will tank. Successful shitty tech rollouts start with prisoners, kids, migrants and others who can be abused with impunity. 1/ A four-quadrant rectangle depicting four vintage workplace p
If you'd like an essay-formatted version of this thread to read or share, here's a link to it on, my surveillance-free, ad-free, tracker-free blog:…

Then they work their way up the privilege gradient. 2/
I call it the Shitty Technology Adoption Curve.

The point of the Shitty Technology Adoption Curve is to normalize technological oppression, one group at a time. 3/
Read 62 tweets
The Story of Race is a Story of Labor. In fact, most Europeans colonized North America for land and economic opportunities, not for religious freedom. There was no concept of race at that time. People identified by country of origin not by skin color. #WhiteSavior doc thread 🧵:
In 1676, enslaved Africans joined with European indentured servants in a large rebellion against the colonial government in Virginia. #WhiteSavior
Alarmed by the natural alliance between the indentured and enslaved, the ruling class passed a series of laws that segregated and permanently enslaved those of African descent, while also giving their European counterparts new rights and status. #WhiteSavior
Read 58 tweets
The "American Prosperity Alliance" does not exist, except as an anonymously controlled bank account that has paid for the production and dissemination of a slick ad that spreads the falsehood that the Democrats have cut $300b from Medicare:

1/ A cigar-chomping plutocrat in a tuxedo and tophat is wieldin
If you'd like an essay-formatted version of this thread to read or share, here's a link to it on, my surveillance-free, ad-free, tracker-free blog:…

It's a lie. 2/
What "Americans for Prosperity" is talking about is a provision in allowing Medicare to negotiate drug prices, rather than paying whatever Big Pharma demands - the reason Americans pay *much* more for their drugs than, say, Canadians:… 3/
Read 20 tweets
Just uploaded my recent article (forthcoming @CalifLRev) "Qualified Immunity's Flawed Foundation" arguing that QI doctrine was, you guessed it, flawed at its inception. You can find it here:… 1/x
In it, I dive into 19th century case law concerning canons of statutory interpretation to show that #SCOTUS misapplied those canons when it first created the good faith immunity to Section 1983 liability in 1967. 2/x
I also show how the original text of the 1871 Civil Rights Act contains explicit language demonstrating the inapplicability of QI to Section 1983. Thanks to all who read drafts and provided feedback -- and thanks to @CalifLRev's editors for continuing to make it better.3/3
Read 3 tweets
Let’s do a little rehash since they “Raiding” former President Trump @DHSgov @FBI @DeptofDefense Ignored a massive web that was been built connected to DNC right @RepJayapal @SpeakerPelosi @BarackObama
We had a so-called troll that happened be an organizer for Seattle indivisible that participated in the riots of Seattle help supplied and command communications connected to yours truly Obama ImageImageImage
So the question should be asked @BarackObama @SpeakerPelosi Did she perform in any duties to the Obama administration Obama foundation be it a seminar Obama leaders or a scholarship program or any volunteered in your elections ImageImageImageImage
Read 27 tweets
As a Kansan, don't believe the spin in the media. #Kansas did NOT vote to enshrine #abortion as a state right. 🧵1/8
The Kansas constitution does not enumerate any rights regarding abortion. The Kansas Supreme Court decision ruling that it does was wholly dependent on Roe. The death of Roe should reverse the state ruling. 2/8
KS Pro-Life Lawmakers do not have their hands tied. They simply need to pass laws against abortion (a ban preferably) that will go to court. This leads to two options. 3/8
Read 9 tweets
In #QualifiedImmunity news, a 2-1 5th Cir. granted QI to a group of Castle Hills, TX officials who conspired to throw @IJ client and then-72yo Sylvia Gonzalez in jail for exercising her #FirstAmendment rights to speech and petition. #AppellateTwitter
🧵 1/… Image
More specifically, the court held that because there was probable cause for a made-up misdemeanor charge, it did not matter that the mayor, police chief, and others conspired to have Syliva jailed for speaking out. (The decision represents a narrow interpretation of Nieves.) 2/ Image
Although @IJ and Sylvia proved that, over a decade no one in Bexar Cnty. TX has EVER been charged under the statute used to charge Sylvia for similar conduct, the only sufficient evidence is proving a negative; find people who jaywalked and DIDN'T get a ticket. (Impossible.) 3/ Image
Read 12 tweets
Joe Nathan James, due to be executed by the state of Alabama on Thursday, has asked #SCOTUS for a stay of execution in a brief, pro se filing at the court after lower courts had denied his requests. The SCOTUS docket # is 22A74.
Breaking: #SCOTUS will not stop Alabama's planned execution of Joe Nathan James tonight. There were no noted dissents.
To put this back in the thread, there is an unexplained delay in (at least) the media witnesses returning from tonight’s scheduled execution of Joe Nathan James in Alabama. This is a non-witness reporter on site:
Read 11 tweets
#BREAKING: We just filed a case in Georgia state court against the state’s 6-week abortion ban. Last week a federal appellate court allowed the extreme law to go into immediate effect, causing a devastating crisis as clinics were forced to turn away patients &cancel appointments.
Since #SCOTUS overturned Roe last month, a domino effect of bans has decimated abortion access in the south and across the U.S. A six-week abortion ban is particularly dangerous in Georgia, where the maternal mortality rate is alarmingly high, especially among Black Georgians.
Additionally, forced pregnancy can derail people's education, career and life plans, resulting in greater economic hardship for the pregnant person, their children, and their families. #AbortionIsEssential
Read 6 tweets

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