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This is a *very* big deal, especially in those states that impose strict deadlines for *receipt* of ballots. And we can't depend on the Senate to stop it. Which means we have to spread the word, often, with two critical messages: /1

@persily

washingtonpost.com/politics/posta…
1. If you're voting by mail, do so *very* early, way before November 3.

2. If you're young & healthy, esp. if you live in AL/AZ/CO/FL/GA/IA/ME/MI/MT/NC/PA/WI, please -- PLEASE -- volunteer to be a poll worker on 11/03. ... /2

powerthepolls.org
It's absolutely essential to have as many polling places as possible open in those states (& others), b/c many people will not vote by mail.

powerthepolls.org
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More from @marty_lederman see all

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Marty Lederman
@marty_lederman
Preliminary thread on Trump v. Mazars:

1. Judicious opinion by the CJ. The strongest statement ever by the Court in support of the traditional "accommodation" process between the political branches, which has been shot to smithereens in recent years. /1
The Court won't look kindly on any efforts by either branch to undermine/pretermit that process (which shouldn't bode well for DOJ's absurd "testimonial immunity" theories in McGahn, et al.). /2
The Court reaffirms very broad congressional investigatory powers generally. But it also says that there are special concerns when it comes to investigations of the POTUS--and that in such cases certain congressional objectives are impermissible, namely, ... /3
Read 10 tweets
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Marty Lederman
@marty_lederman
I've been critical of Justice Kavanaugh several times in recent weeks, but credit where it's due: Footnote 8 of his AAPC opinion today is a concise, effective way of explaining something that all first-year law students should learn, namely: /1

supremecourt.gov/opinions/19pdf…
that courts don't actually "invalidate" or "strike down" unconstitutional laws; they simply decline to enforce them or to give them legal effect in the case at hand--& when the SCOTUS does so, all other actors (other courts and executive officials) almost always follow suit. /2
In AAPC itself, however, it's not as simple as that, b/c BK is wrong that "the 2015 government-debt exception" is a "constitutionally offending provision." That exception doesn't prohibit any speech at all--to the contrary--and thus standing alone it's not unconstitutional. /3
Read 16 tweets
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Marty Lederman
@marty_lederman
Dear @realDonaldTrump: Has anyone told you that your Department of Justice just told the Supreme Court that when you signed the Tax Reduction Act in 12/17 you *established* an "individual mandate"--"a straightforward command to maintain [minimum health insurance] coverage"?!
That the law you signed "must be read as creating a legal obligation" to maintain insurance that "law-abiding citizens must comply with"?

Now, you know full well that you did no such thing: Indeed, you often boast that you *eliminated* the "mandate" by zeroing out the tax.
But your Solicitor General's entire case is predicated on the opposite proposition: that you and the GOP Congress created a mandate to maintain insurance!

No, seriously. He wrote that.
Read 5 tweets

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