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Jed Shugerman
@jedshug
, 3 tweets, 1 min read Read on Twitter
I hear a lot of anxiety about how litigation over subpoenas could take years. I always note that the Oval Office Tapes case, U.S. v. Nixon, took 4 months, from trial court to SCOTUS (April-July 1974). Well, here is another good sign:
cnn.com/2019/05/09/pol…
2/ ... and here’s why formally starting a House impeachment inquiry is important for winning these cases and persuading conservative judges.
Cautionary tale: The ACA cases and Congress cowering from calling the mandate a “tax”:
theatlantic.com/ideas/archive/…
3/ Dems have created their own catch 22: “Don’t impeach until we have a bombshell.” But not impeaching makes it harder to win legal case for subpoena to find that bombshell.
It’s not a real catch-22, it’s just Dems being Dems. Paralyzed by fear of backlash.
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Jed Shugerman
@jedshug
Thread on the 2 bills passed by NY state legislature this week on tax returns and pardon loophole.
1/ First, on releasing tax returns: This bill is a big deal for 2 reasons, and not because it will release Trump tax returns immediately. (It won't).
2/ Trump's lawyers can still sue in fed court to enjoin NY state from releasing his state taxes, under fed claims (bill of attainder). He will lose those suits, just like he will lose to quash House request to IRS. Same delay, same legal result... but unlike IRS...
3/ ... NY state tax officials will IMMEDIATELY comply with a court order. I am not at all sure that Mnuchin would comply, which would set up a true constitutional crisis (unlike Pelosi's or Nadler's assumptions about the current non-con crisis)...
Read 8 tweets
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Jed Shugerman
@jedshug
I'm creating a quantitative measure for how much the partisanship or sanity of a Justice's spouse undermines the Court's legitimacy.
It's called the Ginni coefficient. @tpm
talkingpointsmemo.com/muckraker/virg…
Given how Justices have almost zero electoral accountability, spousal accountability is underrated.
We need a book on Marty Ginsburg, John O'Connor, Nina Meyers (Warren), Mary Ambler (Marshall), Dorothy Clark & 3 daughters (Blackmun).
Thanks for coming to my TED talk.
I originally thought the “GINI” coefficient was an acronym for a UN commission or for Governance, Institutions & Norms Index...
Then a fellow grad student let the Gini out of the bottle.
But I’m seriously thinking about this Ginni project on judicial spouses and kids. @CoreyRobin
Read 3 tweets
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Jed Shugerman
@jedshug
I’m thinking we are going to have national conversation about a thousand more insane pardons and one big self-pardon in Jan 2021. (Or Jan 2025?)
It would be great to reach a consensus that there are fiduciary limits on faithless execution of the office’s pardon power. 1/
2/ Ethan Leib and I argue that self-pardons (and self-serving pardons of co-conspirators) are faithless execution of the office, based on the historical understanding of fiduciary constitutionalism: papers.ssrn.com/sol3/papers.cf…
3/ More historical background on Faithful Execution, Article II, and fiduciary constitutionalism from @andrewkent33, Leib and me:
papers.ssrn.com/sol3/papers.cf…
Read 3 tweets

Related threads

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Josh Blackman
@JoshMBlackman
1/ #scotus vacatea stay of execution in Alabama. J. Breyer dissents with another peek behind the red curtains: he wanted a delay till conference. The other 5 declined to wait. supremecourt.gov/orders/courtor…
2/ I do not recall any indication that death penalty stay applications are discussed at conference. By chance there is an upcoming conference. But over the summer, the court goes months without one. Is this a routine approach?
3/ J. Breyer may be trying to lay down a marker for the future: discuss death penalty cases at conference before deciding. In this case, the state already called off execution so the Court could have waited.
Read 8 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: #SCOTUS will hear arguments in case over what evidence should be allowed in the challenge to the Census citizenship question on Feb. 19.
Note that the trial over the question is done, aside from Sec. Ross's sought testimony and closing arguments. @KlasfeldReports has been covering the trial —>
Also: Sorry to give short shrift to Cochise Consultancy v. US ex rel. Hunt (18-315), which #SCOTUS also will be hearing this term. scotusblog.com/case-files/cas…
Read 4 tweets
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Chris Geidner
@chrisgeidner
In the Census citizenship questionnaire case, a lot of movement. The district court judge, Judge Furman, today denied DOJ's attempt to stop the upcoming trial. documentcloud.org/documents/5021…
Furman: "Defendants [i.e., DOJ, Commerce, etc.] suffer no substantive, cognizable harm whatsoever in proceeding to trial as scheduled."
However, DOJ already went to the 2nd Circuit last night, asking for a similar stay of the upcoming trial, which is to begin on Nov. 5. documentcloud.org/documents/5021…
Read 11 tweets
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Chris Geidner
@chrisgeidner
#SCOTUS, Oct. 2, 2018.
Madison v. Alabama arguments were really interesting for reasons I’ll be writing about this afternoon, but as to the substance of the case, Alabama appeared to come across to the justices as having the weaker of the arguments, both procedurally and substantively.
An important caveat: Neither Thomas nor Gorsuch spoke, so we did get a tilted view at arguments of what the justices are thinking about here.
Read 7 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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