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Today's lineup:

1. Is SCOTUS about to make a serious civil rights mistake?

2. Elizabeth Warren is going full Beto. Never go full Beto.

3. Do declining abortion rates create their own cultural momentum?

Oh, and War Eagle: frenchpress.thedispatch.com/p/the-supreme-…
If SCOTUS rules that the New York gun case is moot, it's going to harm civil rights plaintiffs everywhere: frenchpress.thedispatch.com/p/the-supreme-…
What does it mean to "go Beto"? It means trying to rescue a flailing campaign by appealing to woke online micro-constituencies: frenchpress.thedispatch.com/p/the-supreme-…
The NYT highlighted divisions in the abortion rights movement. But a divided abortion rights movement is a rounding error in the cultural momentum against abortion: frenchpress.thedispatch.com/p/the-supreme-…
And please subscribe! It's free (for now): thedispatch.com/subscribe?utm_…
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More from @DavidAFrench see all

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David French
@DavidAFrench
In today's newsletter, I dive into the IG report -- a document that is hardly the exoneration that many people claim. I also dip into the conservative porn wars. Ban? Nope. Zone? Yes. frenchpress.thedispatch.com/p/the-good-bad…
Was James Comey's triumphant tweet after the IG report was released a proper response? frenchpress.thedispatch.com/p/the-good-bad…
Regarding this weekend's porn debate, let's take a page from the recent past. Remember zoning: frenchpress.thedispatch.com/p/the-good-bad…
Read 5 tweets
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David French
@DavidAFrench
I want to offer a quick thread on the common argument you hear from Trump defenders online, that Trump supporters "already know about Trump" and that his scandals are already "baked in" and thus each new Trump outrage is ultimately irrelevant. 1/
I'd say this is true for the Extremely Online MAGA supporter. They follow everything, they know everything, and they just don't care. But if you live in Trump country, you know this is decidedly NOT true for the rank and file voter. There is a vast information gap. Vast. /2
A moderately politically-engaged Trump supporter is well-acquainted with Democratic outrages and well-acquainted with media scandals. They're pretty well-acquainted with Trump defenses. Outside of that? The knowledge gap grows. They see Trump's problems as a matter of "style." /3
Read 7 tweets
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David French
@DavidAFrench
Today's lineup:

1. Impeach Trump for his Ukraine nonsense, not for making Obama's legal argument;

2. Second Amendment sanctuaries are partially the product of legal confusion; and

3. A closing rant about qualified immunity.

frenchpress.thedispatch.com/p/a-grassroots…
The House Democrats will overreach if they seek to impeach Trump in part for making the same legal defenses to subpoenas made by presidents of both parties frenchpress.thedispatch.com/p/a-grassroots…:
So, what's the status of the Second Amendment in the bill of Rights. Well, umm, who knows? frenchpress.thedispatch.com/p/a-grassroots…
Read 5 tweets

Related threads

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(((Rep. Nadler)))
@RepJerryNadler
This morning the Supreme Court is hearing three cases to determine whether #LGBTQ workers are protected from discrimination under our nation’s sex non-discrimination laws, a decision that will have major consequences for our nation. #SCOTUS
Someone’s sexual orientation or gender identity is intrinsically linked with their sex. It is impossible to discriminate against someone in a same-sex relationship without, by definition, taking their sex into consideration.
Same goes for gender identity. It is impossible to discriminate against someone for not expressing themselves in a way that aligns with how you perceive their sex without considering... their sex.
Read 4 tweets
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Josh Blackman
@JoshMBlackman
Error in J. Thomas's dissent in Flowers. Strauder *did not* declare the West Virginia jury segregation law unconstitutional. This is a common myth about the case. Rather, #SCOTUS held that removal provision in Civil Rights Act was constitutional, and case should have been removed
Here is discussion of Strauder in Introduction to Constitutional Law w/ @RandyEBarnett - J. Thomas should correct this error. #SCOTUS
Thanks @michaelmorley11 for the note
Read 10 tweets
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Chris Geidner
@chrisgeidner
#SCOTUS grants three new cases this morning.
Here’s the full orders list from #SCOTUS: supremecourt.gov/orders/courtor…
Opinions in some of the remaining 31 argued cases coming at 10a at #SCOTUS. It's a two-box day, per @Arianedevogue, so, likely 3 or 4 decisions coming today.
Read 9 tweets
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Chris Geidner
@chrisgeidner
#SCOTUS, Nov. 6, 2018.
Five minutes until a one-box day at #SCOTUS (meaning one or two decisions in argued cases).
The only #SCOTUS decision today is a unanimous one in Mount Lemon Fire District v. Guido. Ginsburg writes, affirming the 9th Circuit. Kavanaugh did not participate.
Read 28 tweets
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Zoe Tillman
@ZoeTillman
Today's hearing for #SCOTUS nominee Brett Kavanaugh and Christine Blasey Ford is set to start at 10am. You can watch live here: judiciary.senate.gov/meetings/nomin…
Senators will get five minutes to question each witness, which they can cede to staff counsel. From the committee on logistics:
Make sure to follow @pdmcleod, who is in the hearing room this morning. And check in here: buzzfeednews.com/article/buzzfe… for updates
Senate Republicans have brought in Arizona prosecutor Rachel Mitchell to handle Qs from their side for Kavanaugh and Ford: buzzfeednews.com/article/claudi… Notwithstanding Mitchell's role and the rhetoric about everyone having their "day in court," I can assure you this nothing like court
Read 49 tweets
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Chris Geidner
@chrisgeidner
Today, the DC Circuit sided with WMATA in its fight with the Archdiocese over holiday ads, holding that WMATA did not violate the Archdiocese's First Amendment rights by rejecting their religious ads. From Judge Rogers' opinion:
Here's the full opinion: documentcloud.org/documents/4623…
Judge Wilkins joined Rogers' opinion but also wrote separately "to discuss the importance of traditional forum doctrine to protecting First Amendment values."
Read 6 tweets

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