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Today's lineup.

1. In 2010, Congress passed Obamacare. In 2017, Congress repealed the mandate and created zombie Obamacare. Will the SCOTUS go all Rick Grimes on the moaning remains?

2. The 9th circuit made a 1A mistake. SCOTUS should set it right: frenchpress.thedispatch.com/p/a-federal-co…
If Congress makes a zombie, can't it keep its zombie? frenchpress.thedispatch.com/p/a-federal-co…
Since when is a religious teacher not a "minister" under the religion clauses of the First Amendment? (Congrats @BECKETlaw on the cert grant!) frenchpress.thedispatch.com/p/a-federal-co…
And please subscribe! thedispatch.com/subscribe?utm_…
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David French
@DavidAFrench
Right-wing populism is in bed with too many racists, and so long as it gives aid and comfort (including on Fox prime time) to some of the worst voices in American life, it’s doomed ultimately to fail. And it will richly deserve that demise when it comes. frenchpress.thedispatch.com/p/right-wing-p…
Even setting aside justice, morality, and national unity, it's just math. Right-wing populists repel (sometimes on purpose!) educated voters, but without black and Hispanic allies, there just aren't enough votes out there to sustain a movement. frenchpress.thedispatch.com/p/right-wing-p…
But try to seriously explore the race problem in right-wing populism. Just try it. The mandarins of populist political correctness will come down on you like a ton of bricks. frenchpress.thedispatch.com/p/right-wing-p…
Read 5 tweets
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David French
@DavidAFrench
Stop “vulture capitalism,” vote for the guy who started Trump University.

Re-start the war on porn, vote for the guy who appeared in Playboy videos.

Outside the conservative bubble, none of this makes much sense: frenchpress.thedispatch.com/p/common-good-…
Balancing the serious and the fun, I also defend myself against @JonahDispatch’s reckless pop culture aggression by making the comprehensive case for DC over Marvel, including restating the argument for Aquaman. frenchpress.thedispatch.com/p/common-good-…
And, as always, please subscribe! thedispatch.com/subscribe?utm_…
Read 3 tweets
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David French
@DavidAFrench
Today's newsletter -- Trump's EO on anti-Semitism is a good concept, with flawed execution. Yes, include anti-Semitism in Title VI, but shed the guidance that directly implicates constitutionally-protected speech: frenchpress.thedispatch.com/p/the-promise-…
The EO can and should strike a better balance on speech:
frenchpress.thedispatch.com/p/the-promise-…
Regarding Trump's border wall, Congress made a specific appropriation, and Trump can't expand that appropriation by twisting inapplicable statutes. The judge made the right call to block wall funding: frenchpress.thedispatch.com/p/the-promise-…
Read 4 tweets

Related threads

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Chris Geidner
@chrisgeidner
#SCOTUS grants 8 new cases this morning.
Still no action on the DACA cases. Here’s the full #SCOTUS orders list: supremecourt.gov/orders/courtor…
Obamacare is back at #SCOTUS:
Read 13 tweets
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Bleeding Heartland
@LauraRBelin
Biggest cheer during @iowademocrats chair @troymprice's opening remarks came after he predicted #Iowa Ds will "send @joniernst into an early retirement." #IASen #HallofFame
Sen @CoryBooker is 1st candidate to speak at #HallofFame event. (19 candidates will each have 5 minutes)
"We are being tested. This is a moral moment in America, and we must meet this test. I'm running for president because we can't take 4 more years of Donald Trump." #iacaucus
But @CoryBooker isn't just running to beat Donald Trump. That's the floor, not the ceiling. We can't just run on what we are against. Democrats need to tell people what we are for. "Every American needs health care, and make no mistake, abortion is health care." #iacaucus
Read 93 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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American Constitution Society
@acslaw
New @washingtonpost exposé documents how $250 million in dark money has allowed the far right to engage in an ongoing, multiyear effort to accomplish through the courts what they failed to do legislatively. By @robertoharrow and @ShawnBoburg

buff.ly/2LX8rgP
It explains how the @FedSoc's Leonard Leo orchestrates these millions to get judges confirmed. In Trump, Leo saw someone to help accomplish his "long-held" goal: "A federal court system dominated by conservative judges who believe the Constitution must be interpreted literally."
Article explains how one of Leo's nonprofits, America Engaged, passed $1M to the @NRA in 2017, which ran $1M ad campaign for #SCOTUS appointee Neil Gorsuch, aimed at lawmakers in MT, IN, MO and ND who supported gun control. The ads' message? “Your freedom is on the line.”
Read 5 tweets
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Hugh Hewitt
@hughhewitt
This is a reasonable, “middle” position re the ruling, but the appeals court, if it agrees w/this assessment, will have to explain how he beating heart of Obamacare can be removed but the body live on. Replay the debates of 2009-10: The mandate was the sine non qua of ACA.
If it falls because the Congress removed its constitutional foundation —thus making the mandate an orphan from any and all enumerated powers— severability becomes complicated. The mandate was the load bearing wall of ACA, and Congress repealed the tax which “made” the mandate.
The estimable @jadler1969 and Abbe Gluck argue the 2017 Congress could not have intended this result for if it had, it would have repealed the entire law. nytimes.com/2018/12/15/opi… This ignores that the Congress can be presumed to know (1) it’s own reconciliation rules and
Read 11 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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