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Discover and read the best of Twitter Threads about #scotus

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We can’t be silent about historic inequality or recent judicial assaults on workers rights and voting rights.
Yesterday over 100 moral activists were arrested across the nation including nine clergy and people of faith who prayed for the justices outside the US Supreme Court.
#SCOTUS shamefully voted on Monday to allow Ohio and other states to engage in intentional voter suppression, allowing them to purge mostly poor white, black, and brown voters from state voter rolls.
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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.
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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?
Read 4 tweets
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Let’s tackle it, brother...

A thread on the #GayWeddingCake decision, asking a simple question:

How can a gay guy support the Christian baker?

To the thread!
Let’s start with a scenario: I decide to get married. (Gulp)

First, I understand that society is evolving. My religion is evolving. My family is evolving.

That’s just life.

To those that reject me, I offer grace, love, & patience. In my quiet moments, I feel pangs of sorrow.
Yet a wedding only requires me, my love, & an officiant. Maybe a witness.

I don’t have the right to force anyone to join. That includes an Orthodox Jew or evangelical Christian to officiate.

My right to wed doesn’t trump their right to a sincerely held religious belief.
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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)...
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#SCOTUS ruled in favor of the baker in the Colorado same sex wedding cake case today. I'm leaving the legal analysis to the experts, but it is worth noting a few things. <Short thread> #Coloradobaker #ReligiousFreedom 1/4
goo.gl/EfXUpS
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
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1. Following up on last week's @WSJ op-ed, Prof. Steve Calabresi has now posted to @SSRN a nine-page "Opinion on the Constitutionality of Robert Mueller's Appointment":

papers.ssrn.com/sol3/papers.cf…

His bottom line: It's unconstitutional.

This #thread explains why he's just wrong:
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.
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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.

You wanted it, you got it.

Neil Gorsuch just demolished labor rights
slate.com/news-and-polit…
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.
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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.
3/ #SCOTUS rejects "accountability" argument in light of #PresidentialReversal. Deference "becomes a garble when the Executive speaks from both sides of its mouth, articulating no single position on which it might be held accountable." Cite to @DanielJHemel and @Aaron_L_Nielson
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#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...
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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.
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This important conversation between @Sifill_LDF and @AriMelber (who's filling in for @Maddow tonight) will begin in 15 minutes.

Make sure you tune in to @MSNBC to learn more about how the Trump Administration is reshaping the federal judiciary. #CourtsMatter
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
On @Maddow, @Sifill_LDF begins by sounding the alarm on Trump's judicial nominees: "This is the most important legacy of this President or any President." #Maddow #CourtsMatter
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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.
No other woman in US history got within reach of political power that #HillaryClinton did.

It took 242yrs.

Somehow that doesn't register with folks as a huge issue: that folks STILL want to invalidate HRC's accomplishments to refute what was done to her: A stolen presidency.
For weeks the nation stopped to fight for Al Gore in 2000. There wasn't a moment or a single recount for #HillaryClinton.

Why not?

Why did we just accept that states that hadn't voted #GOP in decades had narrowly--mere thousands, less than a half percent of votes--gone red?
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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:

/1
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.

/2
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.

/3
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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.
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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.
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If you've never attended a naturalization ceremony before, you should. Some thoughts on my experience in Dayton yesterday. THREAD:
A month ago I received an invitation to speak at a naturalization ceremony in Dayton, Ohio (and I’m so grateful my teaching schedule would permit it).
It was one of the most moving, humbling, and profoundly American experiences I’ve had in my nearly four decades as a U.S. Citizen myself.
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“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…
Note: Here’s the 1998 #SCOTUS decision striking down the line-item veto as unconstitutional: law.cornell.edu/supct/html/97-…
“We’ll be suing certain drug companies for what they’ve done with the opioids,” President Donald Trump says.
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Officially released today: my new @yalepress book assessing Justice Scalia’s legacy and the future of his ideas and style on the Supreme Court amazon.com/Justice-Contra…
Tonight I’ll be doing an event at @UCIrvine @UCILaw to be livestreamed with @AdamWinkler talking about my book and his excellent new book, We the Corporations We will talk the past, present, and future of #SCOTUS #appellatetwitter livestream.com/accounts/86753…
This weekend @cspan @BookTV will feature a panel about my book on Justice Scalia with @AdamLiptak of the @nytimes and Prof. Sue Bloch of @Georgetownlaw, (This was an @acslaw event)
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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…
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Breaking: @TXAG @KenPaxtonTX and @WisDOJ file 20-state lawsuit challenging constitutionality of ACA's individual mandate based on tax-reform bill texasattorneygeneral.gov/news/releases/…
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"
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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.
#CitizensUnited was and is the nail in the coffin to any pretense of #democracy. How do you think this #IllegitimateRegime was installed? #DarkMoney is the major culprit. Then there was the #Russian interference, #Hacking, #VoterSuppression and #Gerrymandering.
A #PerfectStorm
We lost our voices this last #election that was a #coup. #WI alone suppressed 300K votes & that's just the tip of that iceberg. Throw in the #CitizensUnited #DarkMoney of #Adelson #Kochanistan #Mercerville et al #Russians #hacking #Gerrymandering & there you go. #Democracy dies.
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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." #SCOTUS electionlawblog.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
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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…
J. Thomas made a similar point in a Dec. 2015 dissent-from-denial of cert. nationalreview.com/2015/12/second… There, J. Scalia joined him. Here, J. Thomas writes alone.
J. Thomas also praises Judges Batchelder (CA6), Elrod (CA5), and Kavanaugh (CADC) who disagree that 2nd Amendment claims should be evaluated under intermediate scrutiny.
Read 9 tweets
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