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Josh Blackman
@JoshMBlackman
, 4 tweets, 2 min read Read on Twitter
1/ Justin Walker: "Justice Brett Kavanaugh, will lead this impending movement along the Schechter-to-Chevron spectrum." #scotus
papers.ssrn.com/sol3/papers.cf…
2/ I am convinced that Kavanaugh was selected for his strong views on administrative state. TBD on all other areas. His statement yesterday on Free Exercise clause is promising.
3/ In any event, I am skeptical of any Justice having a "long game" agenda. They don't work, and depend on unrealistic stasis. See my article, #scotus after scalia papers.ssrn.com/sol3/papers.cf…
4/ I would much rather have a Justice who handles each case as it comes to the Court
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More from @JoshMBlackman see all

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Josh Blackman
@JoshMBlackman
1/ Issues I will (thankfully) not have to write about:
(1) Can the Special Counsel subpoena the President?
(2) Can the President fire the Special Counsel at will?
(3) Can the sitting President be indicted?
(4) How does obstruction of Justice interact with Art. II?
2/ I spilled far too much ink on Question #4.
Part I: lawfareblog.com/obstruction-ju…
Part II: lawfareblog.com/obstruction-ju…
Part III: lawfareblog.com/obstruction-ju…
Part IV: lawfareblog.com/what-obstructi…
3/ I have a draft piece on Question #1 about the limits of U.S. v. Burr and U.S. v. Nixon. Now I can finally wrap it up.
Read 3 tweets
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Josh Blackman
@JoshMBlackman
1/ "if it turns out that the unanimous-jury rule is itself a dubious originalist interpretation of the Sixth Amendment (which does not on its face say juries must be unanimous), that would be a reason to keep Apodaca." #SCOTUS
originalismblog.typepad.com/the-originalis…
2/ Ramos v. Louisiana may be a case in which J. Thomas finds that a right to a unanimous jury verdict is not a privilege or immunity, as understood in 1868. Will J. Gorsuch agree, or go along with SDP?
3/ Recall that RBG's opinion in Timbs decoupled incorporation from a right being deeply-rooted in history. (See my article w/ @ishapiro.) She may have done so with Apodaca on the horizon. papers.ssrn.com/sol3/papers.cf…
Read 6 tweets
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Josh Blackman
@JoshMBlackman
1/ Washington v. Cougar Den provides a curious split on how to interpret an 1855 treaty. J. Breyer wrote opinion for #SCOTUS, joined by Sotomayor and Kagan. Gorsuch concurred in judgment only, joined by Ginsburg.
2/ I can think of two options. 1) At conference, the vote was fractured. Breyer assigned himself the majority, and RBG was content to join Gorusch. 2) RBG assigned Breyer the majority, but was so persuaded by Gorsuch, she abandoned Breyer's opinion, and joined Gorsuch #RBGIDGAF
3/ Breyer adopted treaty-originalism (as opposed to constitutional or statutory originalism). "The language of the treaty should be understood as bearing the meaning that the Yakamas understood it to have in 1855" The Yakamas were at a "significant [linguistic] disadvantage."
Read 6 tweets

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Zoe Tillman
@ZoeTillman
Hello from #SCOTUS, where Justice Brett Kavanaugh will have his investiture this morning. Trump is expected to attend, but as @chrisgeidner is reporting, Justice Ruth Bader Ginsburg is in the hospital with rib fractures. No cameras inside, stay tuned for updates after
On Justice Ruth Bader Ginsburg's hospitalization after a fall, from @chrisgeidner: buzzfeednews.com/article/davidm…
It's official: Justice Brett Kavanaugh was just sworn in at the bench at his investiture at #SCOTUS this morning in a brief, formal ceremony. Trump was in attendance, along with a very, very long list of notable judicial, legal and political figures. Here's what went down:
Read 15 tweets
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Zoe Tillman
@ZoeTillman
Justice Ruth Bader Ginsburg is speaking tonight at the DC federal courthouse for the annual Flannery Lecture. She'll be interviewed by DC Circuit Judge David Tatel -- Tatel says it will be a conversation about judging
Ginsburg begins with a tribute to former justice Sandra Day O'Connor, saying she shared Judge Flannery's belief in the importance of the independence and integrity of the judiciary
Ginsburg's now-famous personal trainer Bryant Johnson is here, so Tatel says he wants to do some fact checking. How many push-ups? A total of 20, Ginsburg says, with a break after 10 to breathe. How long does she hold a plank? 30 seconds, break, repeat, she says
Read 13 tweets
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Zoe Tillman
@ZoeTillman
NEW: Justice Brett Kavanaugh was confirmed to #SCOTUS, but the ethics complaints filed against him haven't gone away — per letter just made public, Chief Justice John Roberts is transferring them to the 10th Circuit buzzfeednews.com/article/zoetil…
What happens now? Judicial ethics experts have said they expect the complaints against Kavanaugh ultimately to be dismissed — the misconduct review process that applies to lower court judges doesn't cover justices, and #SCOTUS doesn't have its own system buzzfeednews.com/article/zoetil…
Notably, the 10th Circuit is where Roberts sent an ethics complaint against former DC federal district chief judge Richard Roberts, re: decades-old allegation pre-dating his time as a judge that he sexually abused a teenage witness in a case he prosecuted buzzfeednews.com/article/zoetil…
Read 5 tweets
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Chris Geidner
@chrisgeidner
Off to #SCOTUS, where Justice Brett Kavanaugh has joined the court and will be hearing arguments in two criminal sentencing cases today.
Another person to watch: Chief Justice John Roberts, who now gets to decide what to do with his Supreme Court. Read my story about that aspect of this change: buzzfeed.com/chrisgeidner/c…
#SCOTUS, Oct. 9, 2018: Justice Brett Kavanaugh’s first day on the court, as a small group of protesters remain: “This isn’t over.”
Read 12 tweets
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Chris Geidner
@chrisgeidner
The scene outside the Supreme Court right now is unreal.
Brett Kavanaugh's Supreme Court Confirmation Vote Was One Of The Closest In US History buzzfeednews.com/article/chrisg… #SCOTUS
Only one Supreme Court nominee was confirmed on a closer vote. That vote was in 1881. buzzfeednews.com/article/chrisg…
Read 12 tweets
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Zoe Tillman
@ZoeTillman
#SCOTUS nominee Brett Kavanaugh says the White House first called him hours after Justice Anthony Kennedy announced he was stepping down. That and more in Kavanaugh's newly released Senate questionnaire buzzfeednews.com/article/zoetil…
Kavanaugh membership as an undergrad in Yale's Truth and Courage Society isn't listed in his Senate questionnaire, which only asks for memberships since he started law school (it was in his DC Circuit questionnaire). Previously from @mollyhc on this: buzzfeednews.com/article/mollyh…
@mollyhc Since becoming a judge in 2006, Kavanaugh's newer memberships included coaching youth basketball teams, volunteering with Catholic Charities, and joining the John Carroll Society (for Catholic professionals) and the Lawyers Club of Washington
Read 7 tweets

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