Profile picture
, 4 tweets, 2 min read
My Authors
Read all threads
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
"local officials ... actively shaping their response to changing facts on the ground." These responses to the pandemic are *very* dynamic, shifting by the day; and Roberts therefore appears willing to give officials the benefit of the doubt, at least in the short run. /4
Missing some Tweet in this thread? You can try to force a refresh.

Keep Current with Marty Lederman

Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

More from @marty_lederman see all

Profile picture
Marty Lederman
@marty_lederman
Wait a sec: The reason her obsessive, multi-year coverage of the so-called "campus culture wars" (hmm: "wars" on campus; "war" in the NYT) "always mattered" was that one day, years later, part of the NYT staff would be upset because @nytopinion chose to publish, ...
... from among thousands of submissions, an Op-Ed by the most belligerent member of the Senate--someone hardly lacking for fora--urging an "overwhelming" and (probably) unlawful use of military force in the midst of a public uprising to protest . . .
... police violence against African-Americans? An Op-Ed that had the audacity to invoke 1957 Little Rock as an analogy?

Boy, she sure was prescient.
Read 3 tweets
Profile picture
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
Read 3 tweets
Profile picture
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

Embed code for your website

×
Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!