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Marty Lederman
@marty_lederman
, 3 tweets, 2 min read Read on Twitter
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.
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More from @marty_lederman see all

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Marty Lederman
@marty_lederman
1/ A reminder to all those "census officials and lawyers at the Justice and Commerce departments [who] scrapped holiday plans and spent their Independence Day seeking new legal rationales for a citizenship question":

washingtonpost.com/politics/trump…
2/ It is *not your job* to come up with still more "contrived reasons" (Roberts, CJ) for *any* agency policy, let alone one that is, in fact, impermissibly motivated.

Indeed, that's a breach of your duty--an abuse of your office.

Seriously.

P.S. It's also not your job . . .
3/ . . . to ""work[] furiously to find a way to appease [the President]."

Think about it.
Read 3 tweets
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Marty Lederman
@marty_lederman
1/ Understanding the census backflip. What comes next? Speculation:

1. They won't disregard the injunction.

2. Sec. Ross will announce a *new* rationale, most likely that in fn. 1 of the Alito dissent--and, technically, a brand new decision to add the citizenship question.
2/

3. Litigation will commence about how he arrived at that rationale--in addition to the equal protection challenges currently pending.

4. There was never a legal July 1 deadline--but the cost of printing goes *way* up now. And Oct. 31 apparently is a real deadline.
3/

5. Can all the litigation--*after* the new administrative process--be completed in that four-month window? Well, yes if John Roberts wants it to; if not, probably not.

6. What will Roberts do on the merits if it gets that far? You're kidding yourself if you think you know.
Read 3 tweets
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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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West Wing Reports
@WestWingReport
Age of Supreme Court Justices:
Five conservatives: Avg. age 61, Median age 63
Four liberals: Avg. age 71, Median age 71
You may think that #Kavanaugh replacing Kennedy (who was considered the "swing vote" on the Supreme Court) will result in a major shift to the right. Yet it's worth noting that Kennedy - in the courts last term that ended in June - voted consistently with conservatives /1
/2
The court made 63 decisions in its last term. Of those, 19 were 5-4 rulings. "Swing vote" Kennedy voted with conservatives (Roberts, Thomas, Alito, and Gorsuch) 14 times. He voted with the liberal justices (RBG. Breyer, Sotomayor, and Kagan) zero times (SacBee analysis) ##
Read 5 tweets
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David Thaw
@dbthaw
I am saddened by how strongly I feel compelled to sign this letter opposing Judge #Kavanaugh's confirmation.

But as an administrative law professor, the decline in our respect for public institutions terrifies me.

<THREAD>

nytimes.com/interactive/20…
Scholars of administrative law, among other things, teach, study, and write about public administration. This is a topic which has been vastly underappreciated in our nation for some time. (Although after the 2016 election, enrollments in my class finally started ticking up.) /2
Failing to take serious the importance of public administration runs the risk that critical needs -- non-poisonous water, efficacious national and #cyber defense, due process of law, and other many important guarantees of our Constitution and our laws may not be implemented. /3
Read 17 tweets
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Jill Wine-Banks
@JillWineBanks
I call on all witnesses to any drinking or sexual misconduct by #Kavanaugh and those with knowledge of his $200,000 debt to come forward. Plus those who know he knew about Kozinski misconduct while clerking for him, not after Kozinski resigned.
Report your facts to the FBI and to a member of the Judiciary Committee. FBI must investigate reports of wrongdoing that come to them even if Trump restricts their going after the facts. And, Ds can call witnesses to DC for public hearing without the Rs if Rs refuse.
Not as efficient as FBI doing the investigation, but better than none. Senate needs facts to make actual judgment on Kavanaugh's fitness even if they want to act without getting those facts.
Read 3 tweets
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Ben. No More, No Less.
@BJS_quire
THREAD: #Kavanaugh was an objectively-terrible witness. He was obtuse. He was evasive. He lost his cool. He, at best, was extremely loose with verifiable truths.

How could he be SOOOO BAD, right?

I'll tell you how he could be so bad. Because "Judge Kavanaugh"...

1/
... is not, and has never been, the type of "Judge" most think of and, frankly, the same is true of him as an attorney.

Yeah, he has a Bar card. Yeah, he wears a black robe.

But here is a question that no Senator asked but I wish one had...

2/
"Judge, how many TRIALS have you participated in as a judge, attorney, or law clerk?"

Would you believe me that the answer is likely way lower than his age at the time when Dr. Ford alleges he assaulted her?

Well... it definitely is. Lemme explain.

3/
Read 30 tweets
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altFEC
@alt_fec
A short meditation on white privilege.

Setting everything else aside for another moment, #Kavanaugh's testimony is a virtually perfect illustration of how ugly it looks to ignore your white privilege.

1/6
In dodging Sen. Whitehouse's questions about the 'Ralph Club,' Kavanaugh boasted about getting into Yale, and then Yale Law School. "Worked my tail off," he said.

2/6
Later, he said, "I got into Yale Law School. That’s the number one law school in the country. I had no connections there. I got there by busting my tail in college."

Surely he did.

3/6
Read 6 tweets
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Karol 🌿
@karolcummins
🌜RestWell3🌛

U.S. forces conduct live-fire exercise in S Syria in a warning to RU

David Brock: Brett Kavanaugh is a radical Republican operative. Don't let him sit on the Sup Court.

$851,382 pledged so far to @SenatorCollins future opponent if she votes "yes" on #Kavanaugh
🌜RestWell4🌛

Notorious NC elections board fights ICE subpoena for voting records, of course, they know how naughty they have been.

Former GOP Governor of Kansas Endorses Kobach’s Democratic Opponent

Trump Claims Credit for the Economy. Not So Fast, Says Obama.
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Trump still owes lenders including Deutsche Bank as much as $480 million

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Police and MI5 fear a DIPLOMATIC BAG was used to smuggle Novichok into Russian embassy in London
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Trending hashtags

#United #Kavanaugh #TeamPatriot #ThePatriotTimes #KavanaughHearings #WhoOwnsKavanaugh #SCOTUS #kavanaugh #PostponeTheVote #HOWCOULDSHE #cyber #EmbraceUnity #Republican #Justice #BelieveSurviors #LeonardLeo #Tribfest18 #USVIA #1MDB #KavanaghHearing #Liberty #ford #RuleOfLaw #twitterstorians #PAMFAM
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