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Marty Lederman
@marty_lederman
, 4 tweets, 2 min read Read on Twitter
1/ A great, hugely important opinion from the D.C. Circuit in the "Jane Doe"/"Garza" case involving HHS/ORR's prohibition on custodial minors' rights to obtain abortions. Huge kudos to @brigitte_amiri & her @ACLU team, and to Judges Srinivasan & Wilkins.

cadc.uscourts.gov/internet/opini…
2/ The key is pages 56-77, eviscerating all four of the USG's radical arguments on the merits (only one of which Judge Silberman credits in his dissent).

I wrote extensively on these arguments in a series of posts culminating here:

balkin.blogspot.com/2018/09/return…
3/ FWIW, the panel doesn't address the alternative, antecedent ground for affirmance I discussed, which was only joined in the case clearly at oral argument -- namely, that ORR lacks any *statutory* authority to impose the restriction.
4/ Let's hope the Solicitor General sees the wisdom in letting the judgment stand.

@DavidColeACLU
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More from @marty_lederman see all

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Marty Lederman
@marty_lederman
1/ First thoughts on the Peace Cross decision: It's a very judicious and narrow holding. The most important and welcome thing about the majority opinion ...
2/ ... is that it doesn't embrace the pernicious idea pressed by the Commission and the SG that the Latin Cross has become "a universal symbol of sacrifice." To the contrary, the Alito opinion suggests that it'd be constitutionally problematic ...
3/ ... for a community to erect a cross as a memorial to war dead today ("retaining established, religiously expressive monuments, symbols, and practices is quite different from erecting or adopting new ones"). Alito also stresses a point ...
Read 10 tweets
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Marty Lederman
@marty_lederman
1/ The real shocker in the OLC opinion on the tax-return subpoena--the serious threat to Congress's crucial oversight role--is not OLC's conclusion that W&M's stated justification ("we need to investigate how the IRS audits presidents") is pretextual, ...
2/ ... but instead the opinion's assertion that what it (rightly) identifies as the *real* (or at least the principal) reasons for the subpoena *are illegitimate.* The key is footnote 19, listing the many reasons House members have articulated ...
3/ ... for why they *do* want to see the returns--namely, to discover and expose to the public Trump's potential conflicts of interest and ties to foreign nations.

According to OLC, all of the following are *illegitimate* reasons for the House to obtain the tax returns:
Read 10 tweets
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Marty Lederman
@marty_lederman
1/ Preliminary thoughts on the OSC/@KellyannePolls Hatch Act matter:

a. Perhaps there's a serious question whether the HA covers KAC's actions on her twitter feed--the principal issue discussed in the Cipollone letter.

b. However, the HA undoubtedly *does* prohibit ...
2/ ... KAC's comments in her official capacity media appearances, where the costs are "paid for by money derived from the Treasury of the United States," 5 USC 7324(b)(1)--the subject of the bulk of the OSC report at pages 6-13.
3/ With respect to that course of conduct, Cipollone doesn't put up much of a fight on the merits, because he really doesn't have much to say in KAC's defense. Cipollone offhandedly floats the notion KAC was merely commenting on the merits of policy questions, ...
Read 13 tweets

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Friend or Foe?
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random facts girl.
@soychicka
A note to any Epstein survivors - I hope you know I'm with you 100%, but I have to suggest you stay FAR away from both Avenatti and Lisa Bloom.

Both have already taken actions that have knowingly hurt the cases of some of Epstein's other survivors.

Bloom's office shared info with AMI about a missing person's case that I identified that supported Katie Johnson/Jane Doe's case, leading to the launch of Pizzagate within 8 hours, but never told her client.
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Hillary Clinton
@HillaryClinton
This year has seen record-high temperatures across the world, the biggest wildfire in California history, and an unprecedented red tide in Florida.

It's urgent that we act to curb climate change—and Brett Kavanaugh on the Supreme Court could make progress virtually impossible.
Kavanaugh has consistently argued that the Environmental Protection Agency has limited authority under the Clean Air Act to regulate the carbon and other pollutants that are causing the planet to heat up.
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Moola, democratic thug 🌺🌿
@MooPersists
DEMAND SEN. SUSAN COLLINS EITHER:

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OR
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OH, BLESS HIS HEART!
Who says the GOP doesn’t care about women?

Chill the hysteria ladies!

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Quinta Jurecic
@qjurecic
or they'd be delighted with Casey II
you can read Kavanaugh's (indefensible) dissent in the Jane Doe abortion case either as evidence of someone who wants to overturn Roe outright but won't say so, or as someone who just has a really, really, really, really high standard for what constitutes an undue burden
this does not make me feel any better—au contraire—but I do think it's important to be clear that a Casey II would be incredibly devastating even if Roe isn't overturned outright
Read 3 tweets
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Elijah J. Magnier
@ejmalrai
#Important:
Yesterday late afternoon #Russia/n forces took 3 positions in Qusseyr and Juseh and established checkpoints. #Hezbollah, not informed of the Russian presence, came close to these forces and asked their immediate pull out+
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hezbollah maantin and kept all positions. The #Russia/n move was not coordinated.+

#Hezbollah did not...I repeat, did not pull out one single element from the area.

I spoke to people on the ground: The Russian decision was unclear and considered unwelcome by the forces on the ground. Still, many elements of this move are unclear.

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