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SpinningHugo @SpinningHugo
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For #SCOTUS nerds only.

I've just read Kennedy J in Planned Parenthood v Casey on the 14th amendment. The authority cited for the proposition that depriving of 'liberty' doesn't mean imprisonment is Mugler v Kansas.

That case stands for no such rule.

Dreadful
Brandeis J in Whitney v California is more promising but that is a freedom of speech/first amendment case: he is referring to liberties protected elsewhere by the constitution surely?
What a tangled mess US Constitutional law is once you scratch the surface.
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I confess, @GaryLineker speaks for me. I realise the practical barriers are near insuperable, but the conduct of Brexi has been so bad, with no deal now being talked about apparently seriously (when it would be a disaster) that it begins to look like the least awful option.
And what does it say of our political class and our politics that the most high profile reasonable person on the issue is a former football player with no mandate at all.

We have to get off this train. The Hard Brexiteers are, I'm sorry, either villains or fools.
Civility in political discourse is a precious thing. It enables our liberal, representative democracy to function.

But, I'm sorry to say, those supporting a Hard Brexit are either very ill-informed, or have a crackpot messianic view of Britain's need to escape the EU.
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(Re-)watching The Paper Chase (1973) which is about learning contract at Harvard.

Strange that what is taught reflects what you'd now learn in England not the US.
Carlill v Carbolic Smoke Ball. Suisse Atlantique. Locus poenitentiae. And lots more get a mention. It is a good film.
Now Vigers v Cook. Another (slightly forgotten) English Court of Appeal case about a defective coffin. Statute of Frauds.
Read 9 tweets
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The key question about The Merchant of Venice is

"Why was Antonio prepared to promise Shylock a pound of flesh?"
The answer is that he thought he'd have no problem repaying the loan as one of his ships was bound to come in.

None did.
Human beings are systematically over optimistic about the future. It is a mental coping mechanism. We assume things will turn out ok.
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Significant Kennedy-authored rulings:

Planned Parenthood v. Casey (1992): Upheld right to abortion

Roper v. Simmons (2005): Banned death penalty for juveniles

Citizens United v. FEC (2010): Ended limits on political spending

Obergefell v. Hodges (2015): Legalized gay marriage
2. Of the 35 justices who have served since WW2, Kennedy was the sixth most reliable pro-business vote. In May 2018, in Epic Systems Corp. v. Lewis, he made it more difficult for workers to seek recourse against employers engaged in wage theft and discriminatory pay practices.
3. In Citizens United v. FEC, Kennedy overturned a century of campaign finance law and opened the floodgates for unlimited special interest money, including from overseas. In 2016, 25% of the money spent on races came from groups with access to unlimited sources of funding.
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Livestream of DC Circuit argument (starting momentarily) in Garza v. Hargan, AKA the @ACLU's Jane Doe case re abortion rights of unaccompanied immigrant minors #appellatetwitter #justiceforjane
cadc.uscourts.gov/internet/sixty…
Oyez, oyez, oyez. @brigitte_amiri's name mispronounced in the intros, taking that as a good omen.
DAG focusing on breadth of the district ct order they're appealing, says he will circle back to mootness and class cert. Citing Bellotti to say gov't has a role to play in youth decisions. 1st question hones in on how ORR still gets to play role while complying with this order.
Read 67 tweets
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It's #day3 of the Kavanaugh hearing; I'm watching so you don't have to.

Catch up on #day2 below and follow this thread for a play by play.

dailykos.com/stories/2018/9…
@ChuckGrassley's mouth is moving so you know he's lying.

He's caught Kavanaugh's repetition bug. Complaining about Ds wanting to see Kavanaugh's record. Belly-aching about how senators wouldn't want their emails exposed either.
@maziehirono has a response to the claim that she should have asked Obama appointee Judge Paul Watford, not just Kavanaugh, about affiliation with sexual predator Judge Kozinski.

It's a doozy.
Read 202 tweets
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Get your Kavanaugh confirmation hearing updates here. #day2

c-span.org/event/?449705/…
Lindsey Graham: If there were a challenge to Roe v. Wade, would you listen to both sides?

Kavanaugh: I always listen to both sides, senator.

Sure, that settles it.
Kavanaugh seems to think that saying "the Ginsburg rule" magically gets him off the hook.

Yes, RBG said no hints, no forecasts, no previews during her confirmation hearing.

But she didn't dodge legitimate questions about settled precedent by claiming they were "hypothetical."
Read 140 tweets
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Still early here in the hearing room, but this will be my thread for Day Two of the Brett Kavanaugh confirmation hearings. Today: Each senator on the committee gets 30 minutes for questions. If they all take their time, and none go over (ha!), that’s 10.5 hours.
Here’s Sen. Kennedy, talking with Kavanaugh’s wife, Ashley, in advance of Day Two.
Five people in a row, one by one, just interrupted the hearing, and were taken out one by one.
Read 151 tweets
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1/There is much fear mongering by the Left of the #KavanaughSCOTUS, particularly a threat that his seat will somehow overturn Roe v. Wade, 410 U.S. 113 (1973). No doubt, most of those pushing this narrative have never read the Roe decision (caselaw.findlaw.com/us-supreme-cou…).
2/It's important to note that the Left doesn't bring up Planned Parenthood v. Casey, 505 U.S. 833 (1992), where the Court re-affirmed its Roe decision, with some minor changes (law.cornell.edu/supremecourt/t…).
3/Roe challenged Texas' statute criminalizing abortions with the exception of "saving the life of the mother" and, at times, rape or incest (noe: Norma McCorvey ("Roe") lied that she was raped, but didn't produce a police report, so she was denied).
Read 30 tweets

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