Profile picture
Mike Sacks
@MikeSacksEsq
, 5 tweets, 2 min read Read on Twitter
Antitrust has started to break through.
AEDPA still hasn't.
Arbitration continues to simmer in legal circles, and SCOTUS today has once again added to the pot: supremecourt.gov/opinions/18pdf…
A little background on the politics surrounding SCOTUS arbitration decisions like today's:
Ginsburg, in her dissent, notes, that resistance to arbitration clauses have begun to break through vis a vis #MeToo, but a federal legislative response to the SCOTUS line of cases remains stalled
Forget appealing to prior sex-based discrimination cases to argue for LGBT protections under federal law...just use the conservatives' expansive interpretation of the Federal Arbitration Act to show statutes can be read far beyond what their drafters intended.
In February, Rep. Hank Johnson and Sen. Dick Blumenthal once again reintroduced their bills to reverse this line of SCOTUS cases
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Mike Sacks
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Related hashtags

#MeToo

More from @MikeSacksEsq see all

Profile picture
Mike Sacks
@MikeSacksEsq
So I just read Chief Justice Fuller's dissent, joined by Justice Harlan, in Wong Kim Ark, the 1898 case that established the 14th Amendment's birthright citizenship reading we adhere to today. And I learned something.
In 1873's Slaughterhouse Cases, a 5-4 Court rejected birthright citizenship and corporate personhood. I knew Justice Field, the lead dissenter, used his 9th Circuit duties to establish corporate personhood at the appeals level, thus seeding its SCOTUS recognition in the 1890s.
Turns out Field used his 9th Circuit duties to establish birthright citizenship in the same manner he had for corporate personhood, with his eventual victory over the Slaughterhouse majority coming three decades later. Per Fuller's Wong Kim Ark dissent:
Read 9 tweets
Profile picture
Mike Sacks
@MikeSacksEsq
So imagine Kavanaugh (or, in the unlikely event his nom fail and another Trump nom gets confirmed) gets on the court and now there's a conservative firewall for a generation against any law or policy coming out of unified Democratic political branches...
Say that 5-4 conservative majority starts striking down all sorts of broadly-mandated liberal legislation. We've already heard lots about court packing, court shrinking, adjustable court membership, etc.
But I'm looking past FDR's First New Deal fight and 1937's Court Packing plan and going right to the source of where we are at this very moment:
Read 23 tweets
Profile picture
Mike Sacks
@MikeSacksEsq
So this paragraph from @rickhasen’s latest isn’t news, but just triggered a thought I don’t think I’ve quite articulated but have consistently implied slate.com/news-and-polit…
It’s the big difference between the Burger Court’s conservatives vis a vis Nixon and the Roberts Court’s conservatives vis a vis Trump...
The same Chief Justice who had this very familiar view...
Read 14 tweets

Related threads

Profile picture
Chris Geidner
@chrisgeidner
#SCOTUS, Feb. 27, 2019. Today: The cross case.
“Do not take down the cross,” a man who has been detained yelled. He added to tell the justices: “Unless they repent, they will burn in hell” for allowing abortions.
(This just happened in the basement of the Supreme Court.)
Read 17 tweets
Profile picture
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
Profile picture
Chris Geidner
@chrisgeidner
#SCOTUS, Jan. 15, 2019.
Opinions in one or more argued cases are expected at 10a.
It's a one-box day, meaning one or two opinions from #SCOTUS.
Read 9 tweets
Profile picture
Chris Geidner
@chrisgeidner
#SCOTUS, Jan. 8, 2019. With most of the sights in DC shut down, the Supreme Court is drawing a big crowd even for relatively low-profile cases.
It's a one-box Tuesday here at #SCOTUS, meaning one or two decisions in argued cases should be coming at 10a.
The first decision is Justice Kavanaugh's first majority opinion, in Henry Schein, Inc. v Archer & White Sales, Inc., vacating the 5th Circuit in an arbitration case. The decision was unanimous. #SCOTUS
Read 8 tweets
Profile picture
Chris Geidner
@chrisgeidner
#SCOTUS, Dec. 10, 2018. Orders at 9:30a, with opinions in one or more argued cases expected at 10a.
#SCOTUS grants one new case this morning: Kisor v. Wilkie (18-15), limited to question 1: "Whether the Court should overrule Auer and
Seminole Rock." (This could be big.)
Here's the cert petition: supremecourt.gov/DocketPDF/18/1… / Response:
Read 14 tweets
Profile picture
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

Trending hashtags

#SCOTUS #BodyBrokers #Genome #MENA #ProTip #Lawsuits #Autism #TheChief #StopKavanaugh #Abortion #Rockefeller #FrancisGalton #ColdSpringHarbor #ACA #JimYongKim #AbbottvPerez #VaccineDeepState #sued #AbortionLaw #Eugenics #break #Vaccine #scotus #2020Census #NaturalNews
Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!