Kurt Eichenwald Profile picture
Sep 21, 2020 9 tweets 3 min read Read on X
If @JoeBiden wins & dems get senate, they *must*:
1. Pass law that Electoral College electors be named based on Congressional district victory, with 2 named on statewide majority. No more "winner take all."
2. Expand SCOTUS to #27Justices, to match structure of lower courts.../1
..neither requires Constitutional amendments. Court will have to be expanded first because otherwise politicians in robes Alito and Thomas will lead a strike down of electoral college rule. THAT law perfectly matches structure of Article II, Section 1, Clauses 2 and 3, which.../2
...assigns electors based on number of Congressional districts and senate seats. It is irrational to argue those numbers were just picked out of the air. Why have elections based on districts and senate numbers if they are not allotted that way?.../3
...this way, electing the president is EXACTLY like electing for Congress: I vote for one representative in my district, and one statewide. There is literally no rational for winner-take-all, and it actually contradicts all logic and fidelity to a democratic republic. As for.../4
...expanding the court to #27Justices. This would not be court-packing. It would not be abuse. It would be about eliminating the politicization of the court. The @SenateGOP would have the right to *recommend* 9 justices, Biden would nominate 9. The standards for both.../5
...would be an appeals court judge with a minimum of 5 years experience in that position, and no evidence of ANY participation in ANY political effort, including by a spouse. (This would, for example, have prohibited clear politicos like Alito and Thomas, who had a history of...
...political efforts.) Finally, each nominee must achieve a recommendation from the ABA, to doubly insure no hacks are named. If those rules are violated by the GOP, Biden does not nominate the improper selection and tells GOP to come up with one that meets the standards...
...this isnt about the raw exercise of power for partisan purposes. This would be using raw power to drain partisanship from Court nominations, because 1 replacement would be irrelevant to court rulings. Here is why it should be done and how it would work: time.com/5338689/suprem…
...there are other ways to do this, but a Dem partisan attackwould just lead to a response by the GOP when theyre back in power. This is about fairness & structuring this country to meet the realities of modern times.

It would be about regaining the intent of the Constitution.

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More from @kurteichenwald

Sep 16
Make no mistake: The "Haitians are stealing your pets to eat them" lie is a variant of the blood libel that Jews have faced for centuries: In that, Jews are stealing Christian babies to use their blood bake food (Matzah).

Trump and Vance are lying about legal residents..../1
....accusing them of stealing beloved members of the family, and eating them. The point of the Haitian Blood Libel is the same as the original Blood Libel: To create an "other," to unify the hateful and ignorance against an imaginary enemy in their midst, all to seize power.../2
...so please, stop calling the attack on lawful American residents from Haiti as a "lie." Call it was it is: The #HaitianBloodLibel generated by Trump and Vance. A century ago they would have used Jews. And Fox News would have been the May 1934 volume of Der Stürmer.../3
Read 4 tweets
Aug 26
The appeal filed by Jack Smith on Judge Cannon's dismissal of the classified documents cased underscores an embarrassment that should not exist in modern times, things that were evident in her ruling. Cannon is clearly either stupid or corrupt..../1
storage.courtlistener.com/recap/gov.usco…
...there are SO many elements to her nonsense in her ruling that have been just jaw dropping (ruling that past participles are the same as past tense, and on and on) but Smith thankfully points out the two that most annoyed me: She described what was the central finding in.../2
...US v Nixon as nothing more than "unpersuasive dicta." In fact, it was the foundation of the SCOTUS ruling and had been fully briefed by both sides. Second, she used the TITLE of a statute to overrule what the statute said, even though it includes an explicit statement.../3
Read 6 tweets
Aug 25
I have been holding my tongue for a long time, but I am SICK of self-identified evangelicals saying they read things in the Bible that 1. Aren't there or 2. Are being massively misrepresented and 3. DO happen to be garbage appearing on Facebook posts. I am writing this only.../1
...because these are the same kinds of people who misquote or cherry pick the Bible to justify their hatreds and self-worship. Worse, they say it with such self-confidence that other evangelicals (who are constantly found in polls to be the most Biblically illiterate, worse..../2
...than atheists. Mormon's know it best, even though their scripture if the Book of Mormon.) Anyway, here is the latest on the Holiness of Trump "based" on the Bible. It comes from Lee Greenwood and Ted Nugent's wife who says she "read" her claims in the Bible. (She didn't)..
Read 16 tweets
Aug 9
Trump's lies sometimes involve a series of events from his past blended together into one where he is the center of the universe. His lie about going down in a helicopter with Willy Brown:
1. Three of his executives went down in a helicopter in 1988 and died. (Trump lied that...1
...he was supposed to be on that flight but backed out at the last second.)
2. He met with Willie Brown in the 1980s.
3. He flew in a helicopter with Jerry Brown (and Gavin Newsom) during his presidency, during which he fretted that the helicoptercopter would go down.

While..2
...like I said, he often blends stories into one where he is at the center of an adventure or he is the hero of the tale, this one is so bizarre that I suspect we are watching an increasing dementia, which is in the family. Someone with a habit of blending memories...3
Read 4 tweets
Jun 28
That SCOTUS overruling ANOTHER precedent - this one that established the Chevron doctrine, which has been cited in literally thousands of federal cases - was signaled by the court in 2022. Then I said the ruling in West Virginia v. EPA was the most important in decades.../1
...because it showed that the conservatives were gearing up to take regulatory administration out of the hands of experts and place it in the hands of the political hacks that now occupy our courts . It is an obscene power grab by this court, which has already ripped away.../2
...the authority of Congress, state legislatures, state courts etc. whenever it wants to drive policy. No precedent is safe. Stare decisis is over. This is an activist court unlike any in our country's history.

Mark Lemley broke down the court's imperial power grabs, and how..3
Read 4 tweets
Jun 14
I know lots of gun enthusiasts and collectors (I grew up in Texas.) And I have never met one who isn't horrified by bump stocks. "You can't aim the damn things," one said to me a few years back. "They're good for only one thing: Spraying lots of unaimed bullets into a crowd."...1
...make no mistake: Gun nuts who demand them have no interest in shooting *at* a target. They just shoot in the general direction. These are nothing more than machine guns that can't be aimed. Yet SCOTUS, in its new role as an adjunct to the GOP policy committee, breaks down.../2
...the gun not into its function, but to its means of pulling the trigger to jump through new hoops to declare the extremist wing of the GQP as sole arbiter of the Constitution. Their argument - that it is not the speed of firing, but the technique - is fatuous sophistry.../3
Read 7 tweets

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