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It's virtually impossible to convey just how deviant and inappropriate it is for the DOJ Civil Rights Division to file a brief such as this, most of which is on a pure question of state statutory law. /1

assets.documentcloud.org/documents/6923…
To do so now, in order to help stymie a state's efforts to stop the spread of a deadly contagion, is as brazen as anything I've seen since DOJ argued that the 2017 Congress & President Trump enacted a mandate to purchase health insurance. /2
I suppose that in the absence of all that citizenship information, they can't enforce the Voting Rights Act, and therefore they must have been sittin' around looking for something, anything, to do, when finally some visionary piped up: ... /3
"Hey, have you guys heard about how the Illinois Governor is construing section 3305/2(a)(2) of title 20 of the Illinois Compiled Statues? We'd better get right on that, stat!" /4
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Marty Lederman
@marty_lederman
Judge Sullivan's brief to the D.C. Circuit in the Flynn case.

justsecurity.org/wp-content/upl…

@just_security
This brief doesn't really get into the most important questions relating to Flynn--namely, whether his conduct (and the President's) respecting Russia and Turkey was problematic; whether DOJ, the FBI and the IC had reason to be alarmed by, and investigate, it; and ... /2
... why AG Barr now insists that Flynn did nothing problematic and that the FBI had no basis to investigate the threat he possibly posed. For much more on all of that, see my post from last week:

justsecurity.org/70431/understa…

/3
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Marty Lederman
@marty_lederman
@kewhittington, I agree with your primary point, namely, that the Court will (& should) be less deferential if a Governor leaves restrictions in place for many months on end, w/o reassessment. But of course they won't do--and aren't doing--any such thing: /1
The Governors are adjusting the restrictions virtually weekly as the evidence and medical needs change. As Roberts wrote, it's very dynamic.

Three objections, however:

First, Kavanaugh wasn't "raising real issues." He made unfounded assertions, ... /2
... such as that there was discrimination against church gatherings, when in fact California was treating churches more favorably than most such analogous gatherings. /3
Read 5 tweets
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Marty Lederman
@marty_lederman
The more I ponder it the more it seems not only that the third graf in Chief Justice Roberts' five-graf opinion in South Bay United should resolve most or all of the current church-services cases, but also that the fourth & fifth grafs are designed ... /1

supremecourt.gov/opinions/19pdf…
... to deter many of the countless other challenges being filed daily against Democratic Governors' orders--in several of which the DOJ CRT has filed a series of unprecedented/alarming briefs, e.g.,

justice.gov/opa/press-rele…
justice.gov/opa/press-rele…
justice.gov/opa/press-rele…

/2
Only time will tell, of course. Which I mean literally--and so, it appears, does the CJ. Note his pointed references to "dynamic and fact-intensive matter[s] subject to reasonable disagreement" and to ... /3
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