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Josh Blackman
@JoshMBlackman
, 6 tweets, 5 min read Read on Twitter
In NY 2nd Am case, several groups that traditionally file briefs in support of gun control regulations have filed briefs in support of neither side, urging SCOTUS not to adopt strict scrutiny. In other words, kill the NY law but don't adopt strict scrutiny
supremecourt.gov/search.aspx?fi…
Brady filed a brief that urges #SCOTUS to avoid the constitutional question, and find that the NY law is preempted by Firearms Owners Protection Act (FOPA). I've seen it all!
supremecourt.gov/DocketPDF/18/1…
The Pink Pistols amicus brief offers this conclusion: supremecourt.gov/DocketPDF/18/1…
In 2nd Am case, SG tells #SCOTUS not to adopt any tier of scrutiny or "import doctrinal tests from other contexts." Instead, #SCOTUS should focus on "text, history, and tradition."
supremecourt.gov/DocketPDF/18/1…
This is a departure from SG Clement's Heller brief, which implored #SCOTUS to adopt "heightened" scrutiny. Fittingly, now private-lawyer Clement is urging #SCOTUS to apply strict scrutiny. abanet.org/publiced/previ…
Assuming intermediate scrutiny applies, SG Francisco says NY law still violates 2nd Am. Here, SG imports doctrine from 1st Amendment context (McCullen)
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Josh Blackman
@JoshMBlackman
1/ France has criminalized legal analytics: "The identity data of magistrates and members of the judiciary cannot be reused with the purpose or effect of evaluating, analysing, comparing or predicting their actual or alleged professional practices."
artificiallawyer.com/2019/06/04/fra…
2/ In 2013, I told a 6th Circuit judge that machine learning could determine trends and patterns in his voting record, as a means to predict how he would vote. The judge was absolutely indignant and refused the notion that his behavior could be mapped by an algorithm.
3/ I can see why the French judiciary has now made it a crime to analyze how judges behave.
Read 3 tweets
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Josh Blackman
@JoshMBlackman
1/ The Solicitor General asked #SCOTUS to expedite consideration of its cert petition for DACA "so that the petition may be resolved before the Court's summer recess." supremecourt.gov/DocketPDF/18/1…
2/ If granted, this motion would only have the effect of considering the case before the long conference. Even if the petition was granted, #SCOTUS still couldn't hear the case till the fall, w/ a resolution by June. #SCOTUS denied the motion to expedite, without recorded dissent
3/ #SCOTUS has made it abundantly clear that it is in no hurry to hear the DACA case. The SG has now asked the Court to expedite it consideration of several DACA petitions, including a petition for cert before judgment last year. Each time, the Court declined.
Read 4 tweets
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Josh Blackman
@JoshMBlackman
.@AndrewCMcCarthy explains why Mueller didn't reach a prosecutive decision: "If we don’t press the point of indicting the president, the AG and the Justice Department have no reason to dispute our findings, or even take on our analysis of obstruction law."
nationalreview.com/2019/05/robert…
.@jacklgoldsmith made a similar point on @lawfareblog - Mueller's decision not to make a recommendation allowed him to avoid having the AG review his decision.
This choice does not reflect well on Mueller. All along, the special counsel was drafting an impeachment referral for Congress. That was not his job.
Read 4 tweets

Related threads

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American Constitution Society
@acslaw
New @washingtonpost exposé documents how $250 million in dark money has allowed the far right to engage in an ongoing, multiyear effort to accomplish through the courts what they failed to do legislatively. By @robertoharrow and @ShawnBoburg

buff.ly/2LX8rgP
It explains how the @FedSoc's Leonard Leo orchestrates these millions to get judges confirmed. In Trump, Leo saw someone to help accomplish his "long-held" goal: "A federal court system dominated by conservative judges who believe the Constitution must be interpreted literally."
Article explains how one of Leo's nonprofits, America Engaged, passed $1M to the @NRA in 2017, which ran $1M ad campaign for #SCOTUS appointee Neil Gorsuch, aimed at lawmakers in MT, IN, MO and ND who supported gun control. The ads' message? “Your freedom is on the line.”
Read 5 tweets
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Chris Geidner
@chrisgeidner
#SCOTUS, Feb. 19, 2019.
NEWS: Justice Ruth Bader Ginsburg Is Back At The Supreme Court buzzfeednews.com/article/chrisg…
The court's public information office confirmed that Justice Ginsburg is back at the court Tuesday and will be on the bench for oral arguments at 10a — the first time since her December surgery for lung cancer. buzzfeednews.com/article/chrisg…
Read 13 tweets
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Zoe Tillman
@ZoeTillman
Senate Judiciary Committee is holding a hearing this morning on two 9th Circuit nominees — Bridget Bade and Eric Miller — as well as one district court nominee, Karin Immergut (OR), and Federal Claims nominee Richard Hertling. Dems have opposed doing this during the recess...
Sen. Crapo is chairing today's hearing (Grassley is away). Crapo just gaveled in and is introducing the two 9th Circuit nominees -- he is the only senator here at the moment
Here is Crapo, up there alone, administering the oath to Eric Miller and Bridget Bade
Read 13 tweets
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Chris Geidner
@chrisgeidner
In DOJ's request to halt the kids' climate change trial ...
... in which Chief Justice Roberts granted a temporary stay and ordered a response on Friday ...
... the plaintiffs' in the kids' climate change case filed their opposition to DOJ this morning, citing CJ Roberts' recent speech about judicial independence and urging #SCOTUS to let the case proceed to trial: supremecourt.gov/DocketPDF/18/1…
Read 4 tweets
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Lady Liberty ❌#QFD
@DutyOfAPatriot
Democrat (Socialists)~~

PRE-ARRANGED, STAGED 💩SHOW

These are the acts of a desperate, dying, party. You really think Social Media would have to work so hard silencing us if they were really winning?
Let’s start with the fact that money exchanged hands to pay these protesters.
We will headline with a Hollywood activist.
Read 16 tweets
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Do Not Stand Idly By
@DontStandIdlyBy
5 Tweet Thread
The @NRA & #gun companies are not evil but they are part of the problem. And the amazing thing is: all the folks clamoring to #BoycottNRA don't even know how bad it really is!
5 things the #NRA & gun manufacturers have successfully lobbied to create...
1) Background chk system overseen by the ATF that is forbidden to digitize records & so must keep all records on paper
2) BG chk system that is enormously hobbled at ATF bec of extreme funding shortages so that it can't do its job well & so that the NRA can claim it doesn't work
3) Passage of the #Dickey Amendment that forbids gov't research from reaching conclusions that might be construed as advocating for gun control, thus allowing the #NRA to say, "No studies show..." and leaving legislators with no data to back up laws that might work
Read 5 tweets

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