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Josh Blackman
@JoshMBlackman
, 4 tweets, 2 min read Read on Twitter
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.
4/ Presumably, the Court can grant the case over the long conference, and schedule argument for January or so, with a decision by June. The Court is no doubt hoping the political process makes the DACA case goes away. I am skeptical.
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Josh Blackman
@JoshMBlackman
1/ Running thread as I read through the 88 pages (!) of Gamble v. US. First, I'll start w/ J. Alito's majority opinion #SCOTUS
2/ Gamble considered a draft of the Double Jeopardy Clause that was rejected. Alito says this draft should "count for little" bc "The private intent behind a drafter’s rejection of one version of a text is shoddy evidence of the public meaning of an altogether different text"
3/ In other contexts, Justices have given great weight to rejected proposals. For, in Lee v. Weisman context, J. Souter focused at great length about earlier versions of the Establishment Clause that were rejected. scholar.google.com/scholar_case?c…
Read 21 tweets
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Josh Blackman
@JoshMBlackman
1/ A House bill was introduced that would prohibit the expenditure of any federal money on Trump properties amendments-rules.house.gov/amendments/COH…
2/ This bill may run afoul of Nixon v. GSA's prohibition on Bills of Attainder. supreme.justia.com/cases/federal/… First, the law at issue in Nixon concerned the President, by name, but also implicated the papers of other Presidents. This new law *only* concerns Trump properties.
3/ Second, the Court considers "whether the legislative record evinces a congressional intent to punish." Here, the record is quite clearly designed to punish Trump and only Trump
Read 4 tweets
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Josh Blackman
@JoshMBlackman
Today I am presenting at Texas AG @KenPaxtonTX conference on constitional law with @jadler1969, Don Kochan, @greggnunziata, Allen Rostron, and many others.
I've posted the audio of my remarks on the 2nd Amendment here: soundcloud.com/josh-blackman-…
Today is a rare three airport, two airline day: IAH-AUS, and AUS-HOU. I need to get back in time for class at 5:20. My record is six airports in 36 hours: joshblackman.com/blog/2012/11/0…
Read 3 tweets

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Chimene Keitner
@KeitnerLaw
Pulling out a few tidbits from just-filed opposition to cert petition in In re Grand Jury Subpoena #SCOTUS h/t @emptywheel supremecourt.gov/DocketPDF/18/1…
The subpoena--which the company still hasn't complied with, at a potential cost of $50K/day in penalties--seeks "specified records." Unclear what degree of specificity involved, but it seems (not surprisingly) Mueller's team has enough background info to know what docs it wants.
The brief starts w/ (1) immunity a matter of "grace & comity"--i.e. within US discretion to grant or deny; & (2) Executive's "constitutional primacy in foreign affairs," including historical ability to determine entitlements to immunity (1790s aside!). repository.uchastings.edu/cgi/viewconten…
Read 17 tweets
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Chris Geidner
@chrisgeidner
Update in the mystery grand jury matter: Both sides now agree that the foreign country-owned company’s supplemental brief at #SCOTUS can be filed in unredacted form. (So, I’d imagine that means we’ll be able to read it. Soon? I’m checking.)
Recall that last Friday, we learned, definitively from a DC Circuit filing and the district court docket who the lawyers are: It's Alston & Bird for the foreign country-owned company and lawyers with the special counsel's office. Thread:
Cross-referencing the district court, DC Circuit, and SCOTUS dockets, it seems likely that the supplemental brief at #SCOTUS relates to a series of rulings — from the dist ct on 1/15 & 1/24 & the DC Cir on 1/29 — that appear to relate to accrual and enforceability of fines.
Read 9 tweets
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Chris Geidner
@chrisgeidner
JUST IN: DOJ formally went to #SCOTUS this afternoon, asking it to bypass the 2nd Circuit and hear the Census citizenship question case. (It previously stated that this would be coming.)
Here is the petition for certiorari before judgment: documentcloud.org/documents/5695…
MORE: As expected, DOJ also filed a motion to expedite the Census case, both at the cert stage and, if granted, at the merits stage so that it can be heard and decided this term before the Census forms need to be printed. supremecourt.gov/DocketPDF/18/1…
Read 3 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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Chris Geidner
@chrisgeidner
NEWS: Challengers in the Census citizenship question case ask #SCOTUS to dismiss the case before the justices, which is over evidence allowed, saying the Ross deposition issue is moot and other questions can be resolved on any appeal of final judgment. supremecourt.gov/DocketPDF/18/1…
This is a smart filing, IMHO, and interesting that the challengers are moving more quickly than DOJ following Tuesday's trial court decision in the case. (See: buzzfeednews.com/article/domini…)
BREAKING: DOJ has filed notice that it is appealing this week's ruling against the Trump administration's sought inclusion of a citizenship question on the once-a-decade Census.
Read 4 tweets
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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

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