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Josh Blackman
@JoshMBlackman
, 4 tweets, 3 min read Read on Twitter
I've expected this move, which could make a cert petiton viable for argument and decision October 2019 term--right in time for the election
My tentative explanation: if #SCOTUS declares Obamacare unconstitutional, then Trump can claim victory as the Obamacare slayer. And if #SCOTUS upholds Obamacare, he can run on the platform of needing more votes to repeal. Either way, he claims victory.
In any event, expect oral arguments in the 5th Circuit the week of July 8. This date puts us on track for a decision by the early fall, and an orderly cert petition by November/December 2019.
And in other ACA-related news, the 5th Circuit struck a brief filed by Gibson Dunn because it "would result in a judge’s disqualification." Judge Jim Ho, formerly a partner at Gibson Dunn, is the most likely candidate. drive.google.com/file/d/1eARC03… law.cornell.edu/rules/frap/rul…
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Josh Blackman
@JoshMBlackman
1/ AG Barr described that POTUS "the President was frustrated and angered." justice.gov/opa/speech/att…
2/ Here, the AG was not describing the President's emotions to defend him. Rather, he argued that the investigation placed a "cloud" over his ability to govern. And that "cloud" was a justification to remove him. See Part III of my @lawfareblog series:
3/ In other words, the AG was not discussing the President's feelings. He was describing why there were alternate rationales (that is, non-corrupt motives) for removing Comey.
Read 6 tweets
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Josh Blackman
@JoshMBlackman
1/ 11th Circuit En Banc Court splits on application of Terry rule. The majority and dissent also disagree about the appropriate use of originalism in the inferior courts. media.ca11.uscourts.gov/opinions/pub/f…
2/ The defendant argued that court should construe Terry narrowly, based on Justice Scalia's originalist position.
3/ The majority opinion (W. Pryor) contends that "when 'a precedent of [the Supreme] Court has direct application,' we must follow it."
Read 10 tweets
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Josh Blackman
@JoshMBlackman
Congratulations to the @HarlanInstitute @ConSource Virtual #SCOTUS Semifinalists: harlaninstitute.org/2019/04/16/har… The Championship round will be held on 5/13 at the Georgetown #SCOTUS Institute
Match #1:
Petitioner: Curtis Herbert & Sana Wazwaz – Lighthouse School (MN)
Respondent: Elena Lee & Sydney Von Arx – Lake Oswego HS (OR)
Match #2:
Petitioners: Rachel Lee & Cammie Liu – Lake Oswego (OR)
Respondents: Will Foster & Declan Davis – Walter Payton College Prep (IL)
Read 7 tweets

Related threads

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Kimberly Robinson
@KimberlyRobinsn
Hello from #SCOTUS where we’ll get opinions at 10 followed by arguments in two criminal cases.
More on today's arguments from @Jordan_S_Rubin: Lengthy Sex Offender Prison Terms at Risk at Supreme Court news.bloomberglaw.com/us-law-week/le…
We got one new #SCOTUS grant yesterday: news.bloomberglaw.com/us-law-week/hi…
Read 14 tweets
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Donna Young
@DonnaYoungDC
Roses are red.
Violets are blue.
The @EnergyCommerce Health Subcommittee hearing is now underway
Led by @RepAnnaEshoo
#healthpolicyvalentines #ACA #Obamacare
.@RepAnnaEshoo on Trump's short-term "junk" insurance plans:
We know these plans do not cover #preexistingconditions.
#ACA #Obamacare
.@michaelcburgess: What good is health insurance if you are afraid to use it b/c you can't afford the deductible.
This is the issue I would like to see us tackle.
#ACA #Obamacare
Read 41 tweets
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Sean Marotta
@smmarotta
So here's a boring procedural take on these petitions while you enjoy your leftovers. /1
The government says that it needs certiorari before judgment because without it, review would not take place until October Term 2019. /2
But here's the thing: To secure review /this/ Term the petition will need to be fully briefed and submitted to the Court by mid-January. Currently, the briefs in oppositions are due on December 24, 2018. /3
Read 14 tweets
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Chris Geidner
@chrisgeidner
BREAKING: Lawyers are planning to bring a challenge to the validity of President Trump's appointment of Acting Attorney General Matthew Whitaker to the Supreme Court in a pending cert petition today. Tom Goldstein, lawyer on the Maryland challenge, also is on this case.
JUST IN: Lawyers ask #SCOTUS to resolve the dispute over whether Matthew Whitaker can be the acting AG. READ the filing: buzzfeednews.com/article/chrisg…
UPDATED @BuzzFeedNews report on today's #SCOTUS filing asking the justices to resolve questions about the legality of Trump's appointment of Matthew Whitaker as acting AG. buzzfeednews.com/article/chrisg…
Read 3 tweets
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Chris Geidner
@chrisgeidner
#SCOTUS, Nov. 6, 2018.
Five minutes until a one-box day at #SCOTUS (meaning one or two decisions in argued cases).
The only #SCOTUS decision today is a unanimous one in Mount Lemon Fire District v. Guido. Ginsburg writes, affirming the 9th Circuit. Kavanaugh did not participate.
Read 28 tweets
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Rev. Dr. Barber
@RevDrBarber
We must now have mass voter mobilization and nonviolent civil disobedience.
When our ancestors faced a #SCOTUS, president and Congress that opposed them, they took to the streets and the ballot box to make their voices heard.
Our ancestors refused to be silenced and so must we. NOW is the time to come together, fight forward and build a long-term movement - not just for an election season.
Read 4 tweets

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#Election2012 #IndependentMP #defundPP #ProLife #SCOTUS #MedicareForAll #Obamacare #EVMHacking #Benghazi #BoweBergdahl #NOTA #ShutdownTheater #AbhinandanVarthaman #IranNuclearDealandRansomPayment #MAGAkids #MuslimBan #WeThePeople #JustinTrudeau #EVMHackers #RepealObamaCare #Liberals #FlipTheSenate #YesEVM #ChiefJusticeRoberts #NSASpying
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