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1/ Both of the propositions in this tweet about the Affordable Care Act directly contradict the positions of Trump's own DOJ in the Texas ACA litigation now before the #SCOTUS:

@nicholas_bagley @jadler1969
2/ DOJ insists that the 2017 ACA Amendment Trump signed *re-imposed* the "expensive, unfair and very unpopular Individual Mandate." And it further argues that therefore the "pre-existing conditions" protections of the ACA are no longer operative!
3/ The remarkable thing isn't that Trump is tweeting things contrary to what his DOJ is arguing--lord knows we've seen that picture before--but that, in this case, on *both* questions about the effect of the 2017 law Trump is right and his Justice Department is wrong!

More soon.
And here it is:

balkin.blogspot.com/2020/01/why-co…
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Marty Lederman
@marty_lederman
1/ Transgender pro se litigant politely requests a federal court of appeals to refer to her with female pronouns. Judge Duncan, joined by Judge Smith, string-cites numerous cases in which courts have done just that upon request, "as a courtesy to parties," but then proceeds ...
2/... to refer to her w/male pronouns at least 22 times in a ten-page opinion. Duncan & Smith offer no reason for such heartless, inconsiderate behavior. Let's just say that they lack ... courtesy (at best). Shameful to see in Art. III.

#appellatetwitter
ca5.uscourts.gov/opinions/pub/1…
FWIW (a lot, I think), I'm aware of several lawyers who advocate against LGBTQ rights based upon their sincere religious beliefs but who've nonetheless made an effort to avoid the use of such pronouns as a matter of courtesy and kindness. Would that these judges did likewise.
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Marty Lederman
@marty_lederman
1/ Both of the propositions in this tweet about the Affordable Care Act directly contradict the positions of Trump's own DOJ in the Texas ACA litigation now before the #SCOTUS:

@nicholas_bagley @jadler1969
2/ DOJ insists that the 2017 ACA Amendment Trump signed *re-imposed* the "expensive, unfair and very unpopular Individual Mandate." And it further argues that therefore the "pre-existing conditions" protections of the ACA are no longer operative!
3/ The remarkable thing isn't that Trump's tweeting things contrary to his DOJ is arguing--lord knows we've seen that before--but that, in this case, on *both* questions about the proper interpretation of the 2017 law Trump's right and his Justice Department is wrong!

More soon.
Read 4 tweets
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Marty Lederman
@marty_lederman
A handful of reactions to what might well become the most-read Student Note in a generation (or longer):

1. I concur with what Mark Tushnet wrote about it as a work "in the genre of comedy, with a serious point" (balkin.blogspot.com/2020/01/commen…).

harvardlawreview.org/wp-content/upl…
2. We obviously need a new term, for something harder than constitutional hardball. Impenetra-ball?

3. It's hardly the first such recent provocation (see, e.g., thinkprogress.org/wp-content/upl…; texaslawreview.org/wp-content/upl…). Unlike those predecessors, however, its objectives are laudable.
4. It's important to stress that the absurd-sounding 127-new-states solution would be *very* temporary--only long enough to fix the more systemic problems (see note 103, which shouldn't have been relegated to a footnote!).
Read 7 tweets

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Laurel M. Davila
@laureldavilacpa
The #ACA has improved the lives of millions of Americans, but President Trump wants to gut every part of the law. A month ago today, we fought in court to #ProtectOurCare. 1/
Exactly a month ago today: @XavierBecerra and a coalition of 20 states + D.C. were in court to #ProtectOurCare from Trump-backed efforts to gut every part of the Affordable Care Act. 2/
Healthcare for tens of millions of Americans remains at stake in #TXvUS. #ProtectOurCare 3/
Read 4 tweets
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Loki Sullivan
@LokiSullivan
Trump Executive Orders:

1.) Order 13765

Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal

en.m.wikisource.org/wiki/Executive…

#Trump #ExecutiveOrders
Trump Executive Orders:

2.) Order 13766
January 24,2017

Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects

en.m.wikisource.org/wiki/Executive…

#Trump #ExecutiveOrders
Trump Executive Orders:

3.) Order 13767
January 25, 2017

Border Security and
Immigration Enforcement Improvements

en.m.wikisource.org/wiki/Executive…

#Trump #ExecutiveOrders
Read 11 tweets
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Friend or Foe?
@starknightz
1. #News ~ President Trump on DOJ/FBI in 2016: “It was a set-up”
… “I would say that President Obama had to know about it”



#Trump #Qanon #Spygate #TickTock
2. #News ~ Mike Pompeo defends President Trump’s push to close arms sale deal with Saudi Arabia washingtontimes.com/news/2019/jun/…

#Trump #Qanon #Peace
3. #News ~ Iran Warns It Will Breach Uranium Stockpile Limits In 10 Days - while also warning that Iran could enrich uranium up to 20% — just a step away from weapons-grade levels. zerohedge.com/news/2019-06-1…

#Trump #Qanon #WarOrPeace
Read 96 tweets
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Ali Adair
@AliAdair22
According to Chuck Todd, host of @MTPDaily, this tweet is a “tell” that Donald Trump is panicked about the effort from 18 Republican Attorneys General to challenge the Affordable Care Act (ACA) in court▶️seeking to end protections for those with pre-existing conditions. #LieGate
⚡️It’s certainly not a good look for Republicans less than 3 weeks from the November Election.

▶️Neither is talking about separating more children from their parents and putting them in cages
▶️Neither is talking about stripping Social Security & Medicare programs
▶️Neither is protecting the murderers of a respected journalist, then using money as the reason and inflating the numbers while you’re doing it

🔗Link to lawsuit against the ACA:

google.com/amp/s/thehill.…
Read 31 tweets
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Charles Gaba
@charles_gaba
THREAD FOR EVERYONE OVER 40 YEARS OLD:

Do you remember “Harry & Louise”?

Here’s a reminder. Watch both commercials, but especially the second one. There’s a LOT going on here:

2/ First of all, notice how in 1993, “community rating” (i.e., not being allowed to charge people more based on their health status) was considered a HORRIBLE thing.
3/ Cut to 2018: 8 yrs after the Affordable Care Act was signed into law, 89% of the public thinks it’s important NOT to charge people more for their health insurance based on their health status. EIGHTY-NINE PERCENT. This is the real legacy of the #ACA.

kff.org/health-costs/p…
Read 19 tweets
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Mona
@Monaheart1229
Senator Chuck Schumer gives voice to the many issues facing this country as Justice Kennedy prepares to retire, and Trump prepares to replace him. This is a very rational & worthy read. #SCOTUS #MondayMotivation
nyti.ms/2KJfuos
2/"Justice Anthony Kennedy’s retirement has created the most important vacancy on the Supreme Court in our lifetimes. Whoever fills Justice Kennedy’s seat will join an evenly divided court with the ability to affect the laws of the United States and the rights of its citizens for
3/"generations. Enormously important issues hang in the balance: the right of workers to organize, the pernicious influence of dark money in politics, the right of Americans to marry who they love, the right to vote..Perhaps the most consequential issues at stake in this Supreme
Read 22 tweets

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