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New: Anticipating litigation over a new COVID abortion ban in Miss., the federal judge already presiding over the fight re: the state's effort to ban abortion sent an unusual letter today suggesting how the state could avoid a messy TRO fight
assets.documentcloud.org/documents/6835…
Reeves references litigation in Alabama where a judge stayed a TRO after the state clarified that at least some abortions could take place. Reeves: If a similar clarification could head off such a fight in Miss., "it might be in the best interest of the Mississippians we serve"
There's also a footnote: "For any out-of-state readers, no, Governor Reeves and I are not related. Mississippi is small but not that small."
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Zoe Tillman
@ZoeTillman
9th Circuit today ruled against a man facing execution who'd sought to interview jurors. He's one of the first federal inmates set for execution under the new lethal injection protocol announced by AG Barr (the challenges to that are still pending)
assets.documentcloud.org/documents/6880…
Of note here: Two judges wrote concurrences questioning DOJ's decision to seek the death penalty for a crime that occured within Navajo Nation territory when the tribe and members of the victim's family opposed the death penalty in the case
Judge Christen: "...the United States made an express commitment to tribal sovereignty when it enacted the tribal option, and by seeking the death penalty in this case, the United States walked away from that commitment."
Read 3 tweets
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Zoe Tillman
@ZoeTillman
New: Fed judge who prev. blocked the Trump admin's effort to limit immigrant visas to ppl who could prove they could afford health care rejected an arg that he should block Trump's new COVID immigration policy b/c it would interfere with his earlier order assets.documentcloud.org/documents/6879…
Put a different way: A federal judge won't block Trump's COVID-related immigration restrictions based on the argument that the new policy would undermine a previous ruling that blocked a different Trump admin. immigration policy
TLDR: This judge will not be blocking Trump's new COVID immigration ban right now.

Here's @Haleaziz on the new policy at issue: buzzfeednews.com/article/hameda…
Read 3 tweets
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Zoe Tillman
@ZoeTillman
Hello from my living room, where I'll be streaming arguments at 9:30am before the en banc DC Circuit in two blockbuster cases about whether/under what circumstances Congress can take the executive branch to court — the Don McGahn subpoena fight, and a border wall funding dispute.
Sadly, the stream of this morning's arguments will only be audio. But the good news that anyone can listen, here's the link: cadc.uscourts.gov/internet/sixty…
In the McGahn subpoena fight, a district judge ruled Congress could sue to enforce a subpoena, and she rejected the Trump admin's argument that past/present senior presidential advisers enjoyed "absolute immunity" from being compelled to testify.
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