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Orin Kerr @OrinKerr
, 3 tweets, 1 min read Read on Twitter
Someone should write an app/program/script making it super easy to get the URL for the .pdf of the official US Reports version of Supreme Court opinions so bloggers and other online writers can link to them instead of to versions hosted by Justia.com, Cornell, etc.
This would be really easy to do given how LOC posts its files. Take Katz v. US, at 389 U.S. 347. Here's the URL, with the citation right there.
I have a volunteer working on this, stay tuned.
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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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Originalism bleg (or is it "tweg"?): The @NwULRev "Originalism 3.0" conference blurbed: "As originalist modes of argument come to dominate Supreme Court opinions and argument . . . ." This got me curious: Apart from Heller, ...

@kewhittington @lsolum @FedSoc
2/ ... and possibly the Scalia dissent in Noel Canning, what SCOTUS opinions, if any, do proponents of original-public-meaning originalism consider to be exemplary--or even passable--examples of the practice? Two subcategories: (i) Cases in which the Court or a Justice ...
3/ ... concludes that the OPM reading of the text *precludes* what a government has done (e.g., Scalia in Heller), and (ii) Cases in which the Court or a Justice concludes that the government acted *without authority* b/c there's no textual hook for the action. Thanks in advance.
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Let's talk about some of the open source libraries that @ParagonIE has created over the years to make it easier to make secure PHP applications.

paragonie.com/software
First, the polyfill libraries:

random_compat exists so that your framework can use the newer PHP 7 CSPRNG API even if they support PHP 5. It's used by a lot of projects, including WordPress.

github.com/paragonie/rand…
In a similar spirit, sodium_compat reimplements (most of) libsodium in pure PHP, and even supports 32-bit operating systems. Its purpose is to help projects transition toward PHP 7.2+ support.

github.com/paragonie/sodi…
Read 16 tweets
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'Grassroots leftists are planning an assault on the Supreme Court’s judicial independence.'

Like this? RT it!

Joseph Klein via @fpmag (full text, links below) #VoteRedMidterms2018 frontpagemag.com/fpm/271610/lef…
'In addition to threatening impeachment proceedings against Justice Brett Kavanaugh if the Democrats take back control of the House of Representatives in the midterm elections next month, ...
... some progressives are trotting out President Franklin D. Roosevelt’s discredited idea to pack the Supreme Court with progressive justices to counter the rightward direction of the Court.'
Read 45 tweets
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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
Dr. Christine Blasey Ford is here, and she's wearing a cerulean power suit. She looks nervous, keeping her head down--when she finally turned, audible clicks take over the audio.
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Part of a thread from a former Kennedy clerk. Additional note: with Kennedy leaving, there will be zero Justices with any experience representing individuals in civil or criminal trials. Except for Sotomayor, none even have experience as trial-level judges. It's absurd.
Assuming this is real - I don't, I assume this is just messaging to suggest there's a real process here beyond "what FedSoc and the Chamber of Commerce say" - this isn't a real criterion. It's a decision to consider only those who were once a professor.
Judges and lawyers write thoughtful, research-heavy legal analyses *constantly.* The biggest difference is that their writing, unlike that of law professors, has to be applied to real cases. Y'know, like Supreme Court opinions.
Read 16 tweets
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We're going to hear about Supreme Court opinions in a minute or two, and I want to address one issue in #MasterpieceCakeshop that has been badly obscured by the bakery: That case is not and never was about free speech or free expression. Because of what acutally happened
Here is what actually happened. Facts. The gay couple walked in. Introduced themselves and said we want a cake for “our wedding.” The did not discuss what would be on the cake, the decoration, the color, the artistry, or even whether the bakery would participate in the wedding.
We know this happened because THE PARTIES AGREED IT HAPPENED. You don't have to believe me, go read it for yourself. Here's a link to the findings of undisputed fact. Check out paragraphs 5, 6, 7, 8.
aclu.org/sites/default/…
Read 15 tweets

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