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Josh Blackman
@JoshMBlackman
, 5 tweets, 3 min read Read on Twitter
1/ NY asks to hold briefing in abeyance in Rifle & Pistol Assoc Case: the State is seeking comments on a proposed rule that would repeal the challenged regulation.
supremecourt.gov/DocketPDF/18/1… The letter notes that Ps did not seek money damages, only declaratory and injunc relief
2/ Paul Clement, counsel of record for Petitioners, will respond: my guess, something along the lines of capable of repetition, yet evading review.
3/ @ConLawWarrior flagged other cases where the government has sought to moot #SCOTUS appeals to avoid setting an adverse precedent:
4/ @alangura suggests Plaintiffs may raise the voluntary cessation doctrine
5/ If McDonald v. Chicago is any guide, then Paul Clement has magic powers over the #scotus docket
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More from @JoshMBlackman see all

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Josh Blackman
@JoshMBlackman
1/ Recently, the United States indicted a Massachusetts state court judge for obstruction of justice--specifically, she helped a defendant in her court avoid an ICE arrest. Here is the indictment: reason.com/wp-content/upl…
2/ New York v. U.S. held that Congress cannot "commandeer," or instruct state legislatures to take certain actions. Printz v. U.S. held that Congress cannot "commandeer" state executive branch officials. But what about state judges?
3/ Printz recognized that state judges are different. This argument relies on the text of the supremacy clause, which imposes different standards on state judges and state legislative- and executive-branch officials.
Read 12 tweets
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Josh Blackman
@JoshMBlackman
1/ In Feb. 2017, I blogged about a proposal to expand the "expedited removal" process from 100 miles of the border, to the entire country, for aliens who have been in the U.S. for two years. I've been waiting for a rule to drop joshblackman.com/blog/2017/02/2…
2/ Politico reports that such a rule is in the works. politico.com/story/2019/04/…
3/ This legality of this rule will turn on how how the Due Process Clause and the Suspension Clause apply to aliens who recently entered the United States. There is currently a circuit split on this issue, which #SCOTUS will resolve
Read 5 tweets
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Josh Blackman
@JoshMBlackman
1/ Today at 1:00, I will be talking about data and speech at @StJohnsLaw @FedSoc #FedSocEvents (my last FedSoc student chapter event of the semester)
2/ Today at 4:00, I will be debating originalism at @pacelawschool @FedSoc #FedSocEvents
3/ And tomorrow I will be presenting #Heckled at @YaleLawSch Free Expression Conference law.yale.edu/isp/initiative… papers.ssrn.com/sol3/papers.cf…
Read 3 tweets

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Robert Dunham
@RDunhamDPIC
OK. This may be a longish thread, trying to unpack today's developments in the #ChristopherPrice case. @DPInfoCtr #Alabama #deathpenalty. Here goes: ...
1) Yesterday the 11th Circuit upheld the same federal district court's decision denying Price's application for a stay of execution. deathpenaltyinfo.org/files/pdf/Pric… @DPInfoCtr #ChristopherPrice #Alabama #deathpenalty.
2) That decision agreed with Price that, under the Eighth Amendment, nitrogen hypoxia is available as an alternative method of execution, even if Price missed the statutory deadline for opting-in to select it as his preferred method of execution. #ChristopherPrice #deathpenalty.
Read 19 tweets
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Chris Geidner
@chrisgeidner
JUST IN: A new #SCOTUS stay application to watch: Lawyers opposing Louisiana's law requiring doctors who perform abortions to have hospital admitting privileges say the 5th Circuit has defied #SCOTUS, are seeking a stay pending cert. supremecourt.gov/Search.aspx?Fi…\18a774.html
Fixed docket llink: supremecourt.gov/Search.aspx?Fi…

Stay application: supremecourt.gov/DocketPDF/18/1…
JUST IN: Justice Alito has called for a response in the Louisiana abortion-provider admitting-privileges law case, due by 3p Thursday.
Read 6 tweets
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Roscoe B Davis🎖⭐️⭐️⭐️
@RoscoeBDavis1
Hmmm what is Mueller doing here? Looks like a huge FARA swamp draining. Was this the reason an entire floor was off limits a couple weeks ago?

🤔 Perkins Coie maybe?

supremecourt.gov/DocketPDF/18/1…
The DC Circuit did not specify that the GJ subpoena was issued by the SC. The recusal of a Trump-appointed judge early in the case, as well as SC attorneys seen in the vicinity of the DC courthouse on the days of sealed hearings in the case, point to a Mueller link in the case.
Mueller’s team sought “information” from the company related to an “an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere” and that the “act caused a direct effect in the United States.”
Read 18 tweets
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Chris Geidner
@chrisgeidner
#SCOTUS orders coming at 9:30a, followed by the possibility of opinions in argued cases at 10a.
BREAKING: #SCOTUS issues a stay of injunctions against Trump's transgender service ban, allowing the Trump administration to begin enforcing its ban while the case proceeds.
Justices Ginsburg, Breyer, Sotomayor, and Kagan all would have denied the stay — meaning this was a 5-4 decision.
Read 13 tweets
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Madeleine Baran
@madeleinebaran
1/ Curtis Flowers’ defense team just filed their brief to SCOTUS. The State has 30 days to respond. No date set yet for oral arguments. @InTheDarkAPM supremecourt.gov/DocketPDF/17/1…
2/ I’ll tweet out some key points in the brief. But 1st, a reminder-SCOTUS is looking at a claim that D.A. Doug Evans intentionally struck black people from the jury bc of their race in Flowers’ 6th trial. If SCOTUS finds that Evans did that, it will overturn Flowers’ conviction.
3/ The Mississippi Supreme Court has already looked at whether Evans engaged in racial discrimination in jury selection (known as a Batson violation) in Flowers’ 6th trial, and the MS Supreme Court found he did not.
Read 16 tweets
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Headsnipe01
@Headsnipe011
Secretary DeVos: Proposed Title IX Rule Provides Clarity for Schools, Support for Survivors, and Due Process Rights for All

@drawandstrike @HNIJohnMiller @catesduane @rising_serpent @Debradelai @GodlessNZ @almostjingo @tracybeanz @TheChiIIum @hfinch63

ed.gov/news/press-rel…
WASHINGTON — Continuing its efforts to ensure equal access to education free from discrimination, today the U.S. Department of Education released its proposal on improving schools' responses to sexual harassment and assault.
The proposed regulation under Title IX, the federal civil rights law that prohibits discrimination on the basis of sex in education programs or activities that receive federal funding, was developed after more than a year of research, deliberation,
Read 26 tweets

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