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Orin Kerr @OrinKerr
, 4 tweets, 1 min read Read on Twitter
This is probably just law professor nerdery, but if Presidents get to push for a Supreme Court nominee based on where the nominee went to law school, it seems only fair to also release the nominee's transcript.
As far as I know, we have only one Justice's transcript: Kagan's, with an "issued to student" stamped on it.
legalblogwatch.typepad.com/legal_blog_wat…
We also know the public honors at graduation for the Harvard grads. Roberts, Kagan, & Breyer graduated "magna cum laude," which I think varied at the time but was sorta the top 10 or 15% of the class. Justice Gorsuch graduated "cum laude," the next level.
(And no, a Senator shouldn't care about any of this. As I said, it's just law professor nerdery in light of Presidents apparently using JD schools as a selling point decades later, which they shouldn't.)
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4th Circuit: Suspect in custody doesn't have to wait until Miranda rights are read for his assertion of the right to remain silent to have full effect (requiring officers to stop the interrogation, or in this case never to start it). ca4.uscourts.gov/opinions/17423…
As I understand the court's opinion, you can assert your Miranda right as soon as you are in custody, but you don't have to wait until you are given warnings or questioned. (This is a question that students often ask about, so good to have a case to cite to them.)
Also interesting that the 4th Circuit has a five-factor test for when an officer's post-invocation conduct sufficiently honors the assertion of the right. (For those who don't know, "five factor test" mostly means "no test at all"). CA4 right to cabin that inquiry more here.
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I saw the WWI documentary "They Shall Not Grow Old" today. Really enjoyed it. It tells the story of the typical British soldier on the western front in a remarkable way that really brings it to life. (Short thread.)
It's the visual restoration of the footage that draws you in. And indeed, it's remarkable. Brings the people to life. But it's really in aid of the telling of the story, not the focus.
The narrative consists of recordings of veterans of WWI, recorded in the 50s and 60s, telling the story of their wartime experience. They are heard, never seen, while the original footage is shown. There is no narrator, and no onscreen text to introduce themes or battles.
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Here's an interesting example of how courts don't pay enough attention to 4th Amendment cross-enforcement issues: The 3rd Circuit's recent opinion in US v. Osorio, decided 12/20/18. Thread below . . . . www2.ca3.uscourts.gov/opinarch/17313…
Relevant issue in the case: Could municipal officers in Pennsylvania make an arrest on a federal probation warrant? Court says yes, b/c "municipal officers are authorized to execute federal arrest warrants," citing a CA2 and a CA5 case.
But if you look at the two cases, they're precedents saying that *state law* governed whether state officers could execute federal warrants -- based on a reading of US v DiRe and US v. Marsh. In the two states at issue , NY and Florida, state law okay'ed executing fed warrants.
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** announcement **

It's 10 am, and I'll be here all day, live-tweeting Dr. Christine Blasey Ford's testimony then Brett's lies and every misogynistic moment in between.

#StopKavanaugh
In addition, there will be timely updates and thoughtful takes on our home page from colleagues @joanmccarter @kerryeleveld @Scout_Finch @wallein @HunterDK et al. dailykos.com
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Gather round, friends as we settle into Day Two of Kavanaugh confirmation hearings!

Senators are milling about judiciary and things should be starting soon
Grassley gavels the room to order and wishes everyone a good morning.

Reminder: no good mornings for Grassley
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Protesters start speaking over Grassley now. Sounds like a disability rights activist
Read 387 tweets
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Breaking: White House Counsel Has Cooperated Extensively With Mueller’s Obstruction Inquiry nyti.ms/2ONyPWZ
2/"WASHINGTON — The White House counsel, Donald F. McGahn II, has cooperated extensively in the special counsel investigation, sharing detailed accounts about the episodes at the heart of the inquiry into whether President Trump obstructed justice, including some that
3/"investigators would not have learned of otherwise, according to a dozen current and former White House officials and others briefed on the matter.
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Grassley: The Committee Will Have Ample Information & Time to Carry Out Its Responsibilities

@drawandstrike @ThomasWictor @HNIJohnMiller @jihadaeon1 @rising_serpent @_ImperatorRex_ @Debradelai @LarrySchweikart @GodlessNZ @TheChiIIum

grassley.senate.gov/news/news-rele…
Last week, I announced that the Senate Judiciary Committee will hold a hearing on Judge Kavanaugh’s nomination to the Supreme Court starting on September 4. The hearing will begin 57 days after the President announced Judge Kavanaugh’s nomination—
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The Senate has already received more documents from Judge Kavanaugh’s time in the Executive Branch than we did for any previous Supreme Court nominee.
Read 56 tweets
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