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Josh Blackman
@JoshMBlackman
, 4 tweets, 3 min read Read on Twitter
#SCOTUS distributed DHS v. Regents of California (DACA) case for 6/13/19 conference. It was first distribued for 1/18/19 conference. supremecourt.gov/search.aspx?fi…
#SCOTUS has also distributed petitions for 6/13 conference in Trump v. NAACP (CADC) supremecourt.gov/search.aspx?fi… -- recall that Motion to Expedite was denied in DHS v. Casa de Maryland (CA4) supremecourt.gov/search.aspx?fi…
H/T @EQCF
If #SCOTUS grants petitions from CA9 and CADC, then CA4 petition can be added on later in the process.
I still predict that there is a non-trivial chance #SCOTUS GVRs the DACA cases after the census case is decided, and holds that courts failed to afford appropriate level of deference to agency.
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More from @JoshMBlackman see all

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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 90 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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Chris Geidner
@chrisgeidner
Oh! Really glad to see this being filed by @rcfp — and to see Nina's reporting on this.
Following up from Friday: Here are the @rcfp filings at #SCOTUS, seeking to intervene — scribd.com/document/41304… — and to unseal — scribd.com/document/41304… — documents filed in Christopher Lee Price's unsuccessful stay of execution application from late May.
Here's the #SCOTUS docket in Price's case, which details how the request to file the application and response under seal were granted by the court: supremecourt.gov/search.aspx?fi… [I'm not sure why the @rcfp filings still aren't reflected on the docket, but I have asked the court.]
Read 4 tweets
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Chris Geidner
@chrisgeidner
Off to #SCOTUS.
#SCOTUS, February 25, 2019.
"[F]ederal judges are appointed for life, not for eternity," the Supreme Court rules in addressing a 9th Circuit cases that included the vote of Judge Reinhardt, who participated in the vote on the case, Yovino v. Rizo, but died before the vote was released. #SCOTUS
Read 9 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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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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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
#SCOTUS grants no new cases in today’s orders. Here are the orders: supremecourt.gov/orders/courtor…
The court did GVR 2 cases—grant, vacate, & remand—asking lower courts to reconsider a ruling in a case in light of a recent #SCOTUS decision. While the one GVR is based off of a decision issued last week, the Fleck GVR follows several conferences & the Janus decision from June.
Here’s more on the Fleck case, which “challenges the constitutionality of North Dakota’s mandatory bar association laws under the First Amendment.” supremecourt.gov/search.aspx?fi…
Read 5 tweets

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