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1/ More later (actually, most earlier--see below), but for now: Part V-B of the CTA5 opinion in the #ACA case today is predictable but an embarrassment to the Art. III judges who joined it. Lord knows I've taken issue w/plenty of court opinions, but ...

balkin.blogspot.com/2019/07/dear-j…
2/ ... typically I assume (perhaps too easily, say many of you) that the judges are competent and acting in good faith. Not here. I can't recall any "reasoning" remotely as absurd as this--a holding that the 2017 GOP Congress imposed a mandate to buy health insurance.
3/ We overuse the line, but here it's truly apt: If a student in my class wrote this on an exam, well . . . let's just say that I'd have failed as a teacher.

@nicholas_bagley
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Marty Lederman
@marty_lederman
1/ Here's what I'm struggling to get at in a nutshell, Jay, Norm & Ezra:

All of us--press critics, think-tankers, podcasters, law profs, etc.--were raised to believe that if and when the truth emerges, that'll have a significant impact ...

@jayrosen_nyu @NormOrnstein @ezraklein
2/ ... on voters and on public officials. That's the basic premise of the modern media, of the First Amendment, etc. And it's why we're ever-frustrated when we think that MTP, the Times, etc., fail to do what they can to expose the truth: We assume it "normalizes" the lies ...
3/ ... and fails to turn on the lightbulbs for those who matter (elected officials, swing voters). If only we had our Welch "Have you no sense of decency?" moment; our exposure of the "smoking gun" tape; our Cronkite exposes of Vietnam; our Abu Ghraib photos--then, surely, ...
Read 12 tweets
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Marty Lederman
@marty_lederman
1/ Have @chucktodd and others like him really been so naive and gullible? I doubt it, but I also don't care all that much. The more interesting & important inquiry, methinks, ...

pressthink.org/2019/12/the-ch…
2/ is to identify the *harms* caused when @MeetThePress continues its business as usual w/guests such as Kellyanne Conway, Ted Cruz, et al., who so freely & unashamedly spout patent nonsense and self-professed "alternative facts."
3/ I'm skeptical that it causes an "epistemological crisis," or that, in @Kasparov63's words, it misinforms, exhausts critics, or "annihilate[s] truth.” The mine run of viewers of MtP, or the readers of the @nytimes, etc., aren't fooled (I hope not, anyway) when those outlets ...
Read 13 tweets
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Marty Lederman
@marty_lederman
1/ @NoahRFeldman and @tribelaw are engaged in what may truly, and literally, be described as a paradigmatic *academic* debate about whether the House has already impeached Trump or whether it'll do so only when it exhibits the articles to the Senate.
2/ AFAIK, *nothing* turns on this question except rhetoric.

For what it's worth, however--i.e., nothing!--I think Larry's probably right about the technical question. Or at least, he is according to the terms of the House Resolution itself.

congress.gov/116/bills/hres…
3/ H.Res. 755 states that the House "resolves" two distinct things: (i) "That Donald John Trump, President of the United States, *is* impeached for high crimes and misdemeanors"; "and" (ii) "that the following articles of impeachment be exhibited to the United States Senate."
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Vakasha Sachdev
@VakashaS
At Supreme Court for important land acquisition cases up before a Constitution Bench.

ISSUE: When is compensation 'paid' to land owners under Section 24(2) Land Acquisition Act 2013?

CONTEXT: Money paid by big cos to govt treasury, not beneficiaries or court
@TheQuint
WHY IS THIS IN COURT?

➡️JAN 2014: 3 judge bench, SC says compensation to be paid into court, not treasury, so acquisition u/ old 1894 Act deemed to lapse, start anew

➡️FEB 2018: 3 judge bench, SC says paying govt treasury enough, sets aside 2014 decision, no lapse

@TheQuint
WHY IS THIS CONTROVERSIAL?

Justice Arun Mishra, who headed the beach that delivered the Feb 2018 decision...

is now heading the Constitution Bench set up to decide which interpretation of the land acquisition law was right.

More details @TheQuint
thequint.com/news/law/justi…
Read 48 tweets
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Alan Mygatt-Tauber
@AMTAppeals
Two weeks from tomorrow, the US Supreme Court will hear consolidated arguments in 5 cases challenging #PROMESA, Congress's attempts to deal with Puerto Rico's fiscal crisis. The case implicates the reach of Article II's Appointment's Clause. I will be tweeting commentary. 1/X
First, I'll provide some background. Then I'll go through the briefs. I will try and tag all posts #PROMESA, so if you want to mute that term, you can still see my other tweets. 2/
A final note before I begin. I filed an amicus brief arguing the First Circuit's test under the Appointments Clause would do untold damage to territorial self-rule. However, I will do my best to provide even-handed commentary. 3/ #PROMESA
Read 456 tweets
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Sleepless in Broadacres ⛔️
@tesssulaman
MEA CULPA:

🔹If it’s the victors, and oppressors, who write the history books, how can we ever truly know what stories were lost?
🔹Has it never occurred to you as somewhat odd, that despite historical accounts of advanced civilizations from 2000 BC, and onwards, ...
...that very few of these great cultures are mentioned much in the Bible? Never mind those that came before them❗️
🔹The main trajectory of biblical historical value, appears to be limited to such a small region of the world; namely, Israel, and surrounds. (Including Egypt.)...
That is; I mean, ISis-RA-EL‘s land❗️
(What’s in a name, ja?)
🔹There weren’t many other nations mentioned much; not even many Westerners /Europeans,
Read 123 tweets
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Anjill🌟🕊
@AnJillOfLight
🗣QDrop! We’ve got a QDrop!💥
Get the Covfefe ready!☕️☕️
Pop that popcorn! 🍿🍿
“What happens when those who held positions of POWER (& INFLUENCE) no longer pull the strings? ....”
“(H)>C,D,I”
😱 OMG! This is a BIGLY Q message!!!! 💥💥💥💥💥
⛈⛈⛈⛈⛈⛈⛈⛈
“THE STORM HAS ARRIVED”
⛈⛈⛈⛈⛈⛈⛈⛈
👏🏻👏🏻👏🏻👏🏻👏🏻
Anons are Ready Sir! #GodWins #DarkToLight💡
And the QDrops keep coming! 🎉🎉🎉🎉🎉
⛈⛈⛈⛈⛈
💥💥💥💥💥
#WWG1WGA
#HereComesThePain! ⛓⛓⛓
Read 68 tweets
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ArJay Clark
@arjay_clark
🏳️‍🌈 For LGBT Pride Month I will be creating a thread about LGBT representation in the genres of science fiction, horror, fantasy, comics, comic strips, animation & video games. There will be five categories of posts. "Our Past" will be about folks no longer with us.
🏳️‍🌈 PART II: "Our Now" will spotlight people who are still living- even if they are retired. "Live Action" will be a LGBT fictional CHARACTER portrayed a live actor / voice actor / motion capture actor. This does not mean the actor themselves are LGBT. "Character" will be
🏳️‍🌈 PART III: about fictional characters whether on screen, in books, comics, animation, comic strips or video games. The final category will not be posted daily. It will be "Shout Out." Which deals with "A Fandom Of Our Own" w/ posts about LGBT folks organizing & standing up
Read 237 tweets
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FaceTheCuban© SirLRO🎈{Interactive}
@FaceTheCuban
...#Positivity is in each & everyone of us. Let it flow more often, makes a better day. #SirLRO
...#Positivity ~none said it was easy, all you have to do is one step at a time. I know you can, keep going. #SirLRO
~ #Positivity there is no need for deprecating others with words, when it calls for~there is a need for compassion, it’s in you, #SirLRO
Read 246 tweets

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