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Susan Simpson
@TheViewFromLL2
, 3 tweets, 1 min read Read on Twitter
Between the gerrymandering case and the eventual census question case, SCOTUS will likely have provided Republicans with an answer to the existential question that's facing them: how to remain in power without ever again obtaining an electoral majority.
Census question case is in, and another Republican victory in skewing elections in its favor has, for now, been postponed.
Democracy has been temporarily saved by Wilbur Ross' painful incompetence at carrying out a cover-up.
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More from @TheViewFromLL2 see all

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Susan Simpson
@TheViewFromLL2
The president is accusing a congresswoman of being an Al Qaeda sympathizer, and a socialist who "hates Jews."
The president, on four congresswomen: "These are people who hate our country, I think with a passion."
After a rambling attack on how Democratic women of color in congress are anti-Semitic, hate America, and should leave the country, Trump asks the manufacturers to come up and join him on stage. Dozens of white people laugh and cheer as they circle around him for photos.
Read 3 tweets
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Susan Simpson
@TheViewFromLL2
Trump is... ordering all government agencies to hand over all data in their possession that identifies the citizenship of everyone in the United States, so that they can gerrymander congressional districts based on that data.
I'm still trying to understand what exactly Trump said, but wouldn't this be directly in conflict with SCOTUS case law on sampling?
AG Barr gives a more coherent explanation of the plan. They're going to use the citizenship information for apportionment calculations.... "depending on the resolution of the dispute" about whether or not they're allowed to do that.
Read 3 tweets
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Susan Simpson
@TheViewFromLL2
Yesterday, Acosta claimed his office intervened in the Epstein case only when they realized Epstein wouldn't receive jail time for the pending Florida charges.

The Palm Beach State Attorney has refuted that claim. Also, that's just not how things work.
And the FBI's own case file show that Acosta's explanation was not true. In late 2006, his office had set a target date for indicting Epstein – and that decision had been made, in part, due to the fact that the DOJ *didn't know what was going to happen with the State case.*
In May 2007, the FBI prepared for arrests and detention hearings for multiple defendants in the case. It wasn't just Epstein.

How could the DOJ's decision about whether to indict other defendants have depended upon whether Epstein faced jail time for state charges?
Read 10 tweets

Related threads

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Josh Blackman
@JoshMBlackman
1/ There is a common thread in how CJ Roberts has considered the actions of the Trump Administration. #SCOTUS
2/ In Trump v. Hawaii, Roberts recognized that the travel ban was likely motivated (at least in part) by an improper animus. However, because "§1182(f) exudes deference to the President in every clause," he was not willing to second-guess the stated justifications for the ban.
3/ In the Gerrymandering case, he recognized that the maps were drawn for purely political reasons. However, because he did not think the judiciary could properly scrutinize partisan gerrymandering, he found that courts must defer to the political process.
Read 7 tweets
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Josh Blackman
@JoshMBlackman
1/ Running Thread on Dept. of Commerce v. NY #SCOTUS
2/ Roberts's discussion of the Enumeration Clause is, in effect, a discussion of the scope of Congress's implied powers. Taken literally, the Enumeration Clause would only allow the government to assess a headcount--it could not ask any demographics questions.
3/ What provision of the Constitution empowers Congress to ascertain information about demographics? The answer has to be the Necessary and Proper Clause. Yet, as it often does, the Court fails to cite the Necessary and Proper clause in an implied powers case.
Read 55 tweets
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Chris Geidner
@chrisgeidner
Now, for the final #SCOTUS decisions of the term.
First #SCOTUS decision is Mitchell v. Wisconsin, with Breyer joining the more conservative justices and Gorsuch joining the more liberal justices to create a 5-4 ruling allowing a blood-draw from an unconscious driver when BAC information is sought. supremecourt.gov/opinions/18pdf…
Note that Gorsuch did not join his more liberal colleagues on the merits of their dissent, though. He would have just tossed the case.
Read 16 tweets
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Chris Geidner
@chrisgeidner
#SCOTUS opinions, up to 4, coming in moments.
Sixteen cases remain from this term, including partisan gerrymandering cases and the Census case. #SCOTUS
Justice Kavanaugh has the 7-2 opinion for the majority in Flowers v. Mississippi, siding with Flowers in his case alleging discrimination in how the jury in his murder trial was picked. supremecourt.gov/opinions/18pdf…
Read 9 tweets
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Josh Blackman
@JoshMBlackman
#SCOTUS Orders supremecourt.gov/orders/courtor…
5 Grants #SCOTUS
J. Breyer writes brief statement respecting denial of cert in Guantanamo Case #SCOTUS
Read 3 tweets
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Chris Geidner
@chrisgeidner
#SCOTUS, Feb. 27, 2019. Today: The cross case.
“Do not take down the cross,” a man who has been detained yelled. He added to tell the justices: “Unless they repent, they will burn in hell” for allowing abortions.
(This just happened in the basement of the Supreme Court.)
Read 17 tweets

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