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Marty Lederman
@marty_lederman
, 3 tweets, 1 min read Read on Twitter
1/ Legislative decisions don't get much easier than this one. Whatever their motives, the protestors are irrationally and cruelly advocating child neglect. The bill would at least ameliorate the problem somewhat. Truth be told, though . . .

thehill.com/news-by-subjec…
2/ the amendment (see below) is far too modest--a half-measure. If politically feasible, it ought to be expanded to eliminate the indefensible "personal and philosophical" exemptions to immunizations other than MMR, and . . .

lawfilesext.leg.wa.gov/biennium/2019-…
3/ . . . to eliminate the religious exemption for MMR, which will, if it's retained, raise serious constitutional questions, not to mention continued suffering and death of children.
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More from @marty_lederman see all

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Marty Lederman
@marty_lederman
1/ I understand the rhetorical and political value of asserting that Trump's "emergency" declaration is unconstitutional, but the pending suits aren't really about constitutional disputes, no matter how they're styled.
2/ AFAIK Trump isn't claiming any Art. II authority to act without statutory authorization, let alone to disregard a statutory obligation or constraint: He's merely arguing that he has statutory authority to build Wall/Fence.
3/ When many critics asserted that the Obama Administration acted unconstitutionally when it asserted the power to promulgate DAPA under the INA, that was a category mistake (or a canard)--see my posts below.

balkin.blogspot.com/2014/11/dispel…

balkin.blogspot.com/2016/01/two-mo…
Read 8 tweets
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Marty Lederman
@marty_lederman
When his lawyers told Trump he'd face tough sledding in court, this--and not the question of whether there's an "emergency"--is almost certainly what they had in mind.

nationalreview.com/2019/02/trump-…
To similar effect, see @CassSunstein here.

bloomberg.com/opinion/articl…
On the other hand, there's another, much more significant legal question to consider ("Where's the $2.5 billion for fence-building?") before we even get to emergency declarations, the NEA, and 2808.

Read 3 tweets
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Marty Lederman
@marty_lederman
1/ If I'm understanding the Administration rollout, the emergency declaration won't even be relevant for years, because allegedly they'll first spend $2.5 billion for implementation of 284(b)(7) authority to construct "fences" to block drug smuggling corridors.

@just_security
2/ Has anyone figured out where that $2.5 billion would be found? The most recent DOD appropriations law only appropriates $881 million for all DOD drug interdiction activities combined.
congress.gov/115/crpt/hrpt9…
3/ Perhaps it's more important we figure this out before worrying about the emergency declaration.
Read 3 tweets

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This Day in Labor History: June 2, 1924. A constitutional amendment to ban child labor passed the Senate and was sent out to the states for ratification. And yet it never happened. Let's talk about why and what we can do about that.
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One thing I really want to talk about, and improve, is that we get the most hits by far on articles where we call out racism, especially in the media. It’s important that we stand up to racism, but other important stories get much less traction... and that worries me.
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