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Undercover Huber
@JohnWHuber
, 3 tweets, 1 min read Read on Twitter
Sixth Circuit tosses injunction against abortion law requiring doctors to show patients ultrasound and play baby heartbeat before mother makes a final decision: opn.ca6.uscourts.gov/opinions.pdf/1…
“there nothing suspect with...requiring a Dr, before performing an abortion, to make truthful, non-misleading factual disclosures, relevant to informed consent, even if those disclosures relate to unborn life and have the effect of persuading the patient not to have an abortion”
Sixth now joins Fifth and Eighth circuits as holding that requiring doctors as part of professional regulations to issue truthful, non-misleading and relevant information is not a 1st amendment violation
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More from @JohnWHuber see all

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Undercover Huber
@JohnWHuber
Update on this - @CNN has filed their legal response and it rips the FBI/DOJ a new one
Dear FBI: you're lying, love, CNN's lawyers.
CNN filed FIVE TIMES with the Court of Appeals *that the FBI* should obtain a transcript of the sealed, on-the-record proffer from Mueller hotshot Michael Dreeben. And the FBI never objected to any of these. Even though it now says a transcript doesn't even exist.
Read 6 tweets
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Undercover Huber
@JohnWHuber
So Andy McCabe hints very strongly in his book the "articulable factual basis" he used for opening an obstruction case against POTUS @realDonaldTrump in May 2017 as Acting FBI Director

And it's as ridiculous as you'd expect

THREAD
Here they are:

1. Firing @Comey
2. "Hoping" @Comey would let @GenFlynn go*
3. Being "demeaning" & calling the investigation a "Witch Hunt"
4. Lester Holt interview

That's it

*According to Comey
An obstruction investigation of the President would be classed as a "Sensitive Investigative Matter" which requires notification to the Department of Justice. That likely means Rod Rosenstein was aware of how thin this "predicate" actually was
Read 10 tweets
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Undercover Huber
@JohnWHuber
James @Comey in his Dec 2018 House testimony: "the best investigations are done promptly...before things sit around & people have an opportunity to take your investigation in different directions. You jump on it; you go get an interview done. That's how I've always investigated"
After authorizing the formal opening of the Russia/Trump investigation on July 31 2016, supposedly "sparked" by @GeorgePapa19 having inside knowledge of the DNC hack and Russian interference, @Comey then waited **5 months and 28 days** to interview @GeorgePapa19 🤔🤔🤔
As @dbongino would say, quoting Bill Clinton? "Same guy, same guy".
Read 4 tweets

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Zoe Tillman
@ZoeTillman
NEW: The 6th Circuit, in a 2-1 decision, upheld a Kentucky law requiring doctors to perform an ultrasound and show/describe the images to the woman before performing an abortion, finding the law doesn't violate the First Amendment opn.ca6.uscourts.gov/opinions.pdf/1…
Judge Bush, writing for the majority: "As a First Amendment matter, there is nothing suspect with a State’s requiring a doctor, before performing an abortion, to make truthful, non misleading factual disclosures..."
A district court judge had issued an injunction blocking the law, today's 6th Circuit opinion reverses that decision
Read 5 tweets
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Brad Heath
@bradheath
6th Cir. says that whether a tweet is defamatory turns in part on whether you're the sort of person who uses Twitter most often to share news or opinions.

Govern your tweets accordingly.

opn.ca6.uscourts.gov/opinions.pdf/1…
The court has a very .... let's say charitable ... view of the types of things that are expressed on Twitter, which seems to mostly be a vehicle for the written expression of people's worst social impulses.
6th Cir. says readers of @RealJamesWoods' Twitter feed would know it "that he made frequent use of sarcasm, exaggeration, and hyperbole - characteristics more likely seen in an opinion, rather than a statement of fact."
opn.ca6.uscourts.gov/opinions.pdf/1…
Read 3 tweets
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Chris Geidner
@chrisgeidner
Incidentally, this decision comes from a three-judge panel in which all three were nominated to their position by Trump.
Query: Is this the first decision from a three-Trump-appointee panel? #appellatetwitter
"Before: THAPAR, BUSH, and NALBANDIAN, Circuit Judges."
Read 7 tweets
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Orin Kerr
@OrinKerr
6th Circuit: When govt gets a warrant to search a cellphone in govt custody, and warrant says search must be executed in X days, the warrant is executed for law's purposes when phone sent to forensic lab for analysis. A brief thread on this. opn.ca6.uscourts.gov/opinions.pdf/1…
The problem here is that computer searches ordinarily happen in two stages: 1st, the officers go to place where computers are, take them away (the physical search stage); 2nd, a computer forensic guy images device and searches image for evidence (the electronic search stage).
The 2009 Rule 41 Amendment on computer searches recognized this dynamic -- fueled in part, I have some reason to think, by a 2005 law review article of mine -- by clarifying that the date of execution in the warrant referred to the 1st physical search stage, not the 2nd stage.
Read 7 tweets
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Orin Kerr
@OrinKerr
Second judge on Trump's SCOTUS list in just the last two weeks to say the Supreme Court is misguided in how it interprets the 4A: Last week it was Willett on QI, this week it is Thapar on what is a search. opn.ca6.uscourts.gov/opinions.pdf/1…
Oh, and I should add that I don't find Thapar's attempt to arrive at an originalist definiton of search persuasive. As I've noted elsewhere, the historical materials don't answer this question, too often, each person picks the test they want and labels it originalist.
I don't think this right, either. From a textualist perspective, Miller and Greenwood are about the word "their" in the 4th Am: *whose* "papers and effects" are the bank records given to bank and trash left at curb. They're not about whether a search was "reasonable."
Read 5 tweets
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Orin Kerr
@OrinKerr
I don't normally respond to legal analysis in @BreitbartNews, but this piece claiming that Ray Kethledge inserts his own views of morality into the law instead of following the law is just bizarre. I thought I would say why. breitbart.com/big-government…
2/ The main evidence in the article is a death penalty case, US v. Gabrion, in which Kethledge wrote the opinion for the conservative wing of the en banc 6th Circuit upholding a death sentence. Here's the opinion, and read the 1st paragraph, below. opn.ca6.uscourts.gov/opinions.pdf/1…
3/ The Breitbart article claims that Kethledge based his decision on "moral considerations over constitutional originalism." How so? Gabrion's lawyers argued that he couldn't be sentenced to death for his brutal crime because the state where he committed his federal crime
Read 13 tweets

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