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Marty Lederman
@marty_lederman
, 3 tweets, 1 min read Read on Twitter
1/ Even if you're committed to the manifestly absurd idea that Trump probably didn't rape Jean Carroll *because he denies it,* I'm genuinely curious whether any GOP officials/appointees believe ...

politico.com/story/2019/06/…
2/ ... that a man whose first response is "she's not my type"--response *today,* as President, not 23 years ago--is possibly fit to be POTUS. "Weird" (Sen. Kramer) and "extremely bizarre" (Sen. Collins) don't begin to describe it. This does:

newyorker.com/news/our-colum…
3/ And if you *do* think--as I think most decent persons would--that that response demonstrates that he's utterly unfit to represent and lead our nation, what's your excuse for not saying so? (Not a rhetorical question, honest: I'm truly curious.)
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More from @marty_lederman see all

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Marty Lederman
@marty_lederman
The basic electoral problem: The Democratic nominee could beat Trump by 5-10 million votes and flip MI, PA and ME-2--all very likely--and still lose 270-268. That's undoubtedly Trump's strategy. If so, the only polls (and votes) that matter are those in WI, AZ and FL.
Correction (thanks to @MajorDenihil)--that'd be 269 to 269, but same outcome.
Which is significant because it means that if the Democratic candidate can flip NE-2 in addition to ME-2 (and MI & PA), that's enough. Omahans should be prepared for a *lot* of attention.
Read 3 tweets
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Marty Lederman
@marty_lederman
1/ Just a reminder of the obvious: Mitch McConnell's refusal to allow a Garland vote and Jim Comey's October letter have already had a far more significant impact on the law and governance of our nation than virtually everything else combined will have over the next half-century.
2/ In the past two terms alone: Trump v. Hawaii, gerrymandering, census, Janus, Knick, Hyatt, Preap, NIFLA, Epic, Jesner, Husted, SAS Institute, Jennings, Smith, Encino Motorcars, Currier, AmEx, Perez, Wisconsin Cent., possibly Wayfair.

Profound/long-lasting practical impacts.
3/ Now multiply that by another 10/20/30 Terms . . .
Read 4 tweets
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Marty Lederman
@marty_lederman
Surely the extreme skepticism and hostility of Justices Gorsuch/Thomas/Alito/Kavanaugh to those unconstrained, liberty-restricting administrative agencies, reflected in their Gundy/Kisor dissents of the past six days, will carry over to the census/citizenship case today, right?
Especially since this is the one case of the three in which the agency actually (and manifestly--even concededly (see link)) abused its broad discretionary authority to advance improper objectives, right?
@Vermeullarmine @nicholas_bagley @GillianMetzger2

balkin.blogspot.com/2019/04/census…
P.S. For those who aren't in the legal weeds -- sorry, but I'm afraid those are rhetorical questions. The odds that those Justices will follow through are close to zippo.
Read 3 tweets

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