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#SCOTUS grants one new case, Brownback v. King (19-546), about the interplay between the Federal Tort Claims Act and Bivens actions.

Background from @SCOTUSblog: scotusblog.com/case-files/cas…
Here is the full #SCOTUS orders list: supremecourt.gov/orders/courtor…
One or more opinions in argued cases is expected at 10a. Will have more then.
It appears that CITGO Asphalt Refining Co. v. Frescati Shipping Co. is being released by #SCOTUS this morning, and the opinion is by Sotomayor. The pdf is not loading, however, but it should be available here: supremecourt.gov/opinions/slipo…
Here's the CITGO Asphalt opinion, by Sotomayor, with Thomas, joined by Alito, dissenting: supremecourt.gov/opinions/19pdf…
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Chris Geidner
@chrisgeidner
How incredibly short-sighted, contrary to the advice of any experts, and inhumane.
Here’s a letter that public health experts sent to Trump last week, calling for action that would actually reduce the spread of COVID-19 and make us all safer: publichealthpublicsafety.org
Here’s a letter that more than 400 former DOJ officials and others sent to Trump last week suggesting steps that Trump could take to improve this crisis:
fairandjustprosecution.org/wp-content/upl…
Read 4 tweets
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Chris Geidner
@chrisgeidner
Context for the LAT story: This is a very small amount of people in the system. The state acknowledges this is roughly the same number of people who regularly enter the state's prisons every month.
There are more than 114,000 people in the state's "adult institutions" — 134% capacity. The number being released — in the coming weeks, not immediately even — only amounts to roughly 3% of the total population in the institutions. So, they'll still be significantly overcrowded.
What's worse, these anticipated releases have nothing to do with addressing the people in California's care who are most at risk with COVID-19. These releases are based on them having 60 days or less until their release date AND being "nonviolent offenders."
Read 4 tweets
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Chris Geidner
@chrisgeidner
She’s not wrong, although this sort of response appears to be allowed by many states’ authorizing statutes as well. Violations should be civil penalties, at worst. This is absolutely NOT a time to be sending more people to jail.
[Also: I wouldn’t use the word “insane” like this, as it stigmatizes mental health issues unecessarily. (But, she’d say that makes me a snowflake or something, so, here we are.)]
For those asking, yes, there are more exceptions than just "essential business," including socially distant recreation. The point of her tweet and mine was that criminal penalties, let alone jail, aren't a smart way to address these issues. Full DC order: coronavirus.dc.gov/sites/default/…
Read 3 tweets

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James Clark
@JamesWClark
As we take a moment this #VeteransDay to honor those who served, and reflect on the costs of that service, I want to discuss an issue we've covered at length at @TaskandPurpose this past year: the Feres Doctrine.
The 1950 legal rule bars service members and their families from suing the government in cases of negligence or wrongdoing: from training incidents; to workplace violence; sexual assault; and medical malpractice.

That description hardly captures the scope of it.
Last week I spoke with the parents of a Navy Corpsman who died following a shoulder surgery. The operation was a success, but according to his parents' lawsuit, his doctors repeatedly ignored complaints that his pain meds weren't working, and continued to up the dosage.
Read 16 tweets
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Tim Hogan
@TimInHonolulu
1. If the Fascist Party is using private contractors to run the @realDonaldTrump @SenateGOP #ConcentrationCamps & child abuse centers, I think a class action against the companies providing the services naming all directors managers & employees seeking class action receiverships
2. negligent and intentional tort damages might be just the ticket. Make being connected to @Trump's concentration camps a civilians' guaranteed trip to Chapter 7 Bankruptcy. We need the names of the entities. Then we need plaintiff firms in the states where the companies are
3. operating. Then teams of lawyers can save the kids and destroy these evil monsters preying on poor children's' misery for blood money. The goal is to to destroy every one connected to it. Every banker. Teach these monsters the meaning of "Biblical" and "laid waste."
Read 10 tweets
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Josh Blackman
@JoshMBlackman
#SCOTUS distributed DHS v. Regents of California (DACA) case for 6/13/19 conference. It was first distribued for 1/18/19 conference. supremecourt.gov/search.aspx?fi…
#SCOTUS has also distributed petitions for 6/13 conference in Trump v. NAACP (CADC) supremecourt.gov/search.aspx?fi… -- recall that Motion to Expedite was denied in DHS v. Casa de Maryland (CA4) supremecourt.gov/search.aspx?fi…
H/T @EQCF
If #SCOTUS grants petitions from CA9 and CADC, then CA4 petition can be added on later in the process.
Read 4 tweets
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Harlem Flipper
@HarlemFlipper
Franchise Tax Board v Hyatt is the sleeper abortion case you have not heard about. Because, of course, it is not about #abortion.

But the decision - and HOW it is reached - is going to determine how the incoming wave of abortion cases are going to be resolved.

thread:
/1
The FTB case came from a tax dispute. A former resident of California sued the California Franchise Tax Board in a Nevada state court, claiming that it had done him all manner of wrongs in investigating his purported tax liability.
/2
California does not want to be sued in another state’s courts. The current law, decades old, allows such suits.

The case has nothing to do with abortion, but everything to do with how to overturn precedent.
/3
Read 23 tweets
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Daniel Jacobson
@Dan_F_Jacobson
1/NEWS: We just filed legal claims on behalf of parents and children separated under the family separation policy, seeking damages for the trauma the Government intentionally inflicted. Some details below, and you can read the families' full stories here: arnoldporter.com/en/perspective…
2/We're seeking damages under the Federal Tort Claims Act for intentional infliction of emotional distress. The Administration has made no secret that it inflicted trauma on parents & small children to "deter" others from coming to the US. They viewed the trauma as a useful tool.
3/The stories of our clients are immensely difficult to read. They conjure images of atrocities we could only associate with other countries. But they happened here, and our government must now compensate these families for the suffering it caused. Here’s a bit of their stories.
Read 42 tweets
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Steve Vladeck
@steve_vladeck
The claim that conservative judges, unlike progressives, “follow the law” and simply “call balls and strikes” is a preposterous, tired canard.

Among the many counterexamples, this #thread focuses on one (involving Judge Kavanaugh)—tort suits against private military contractors:
1. As the military has come to rely on private military contractors (PMCs) for increasing logistical and other support overseas, the contractors have, not surprisingly, been subject to increasing litigation for alleged (and, in many cases, proven) misconduct by their employees...
2. Some of these claims are from servicemembers—for example, those who claim they were seriously injured as a result of PMCs repeatedly burning hazardous materials in open-air "burn pits" in Iraq and Afghanistan:

nytimes.com/2018/05/17/mag…
Read 12 tweets

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