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Elie Mystal

Sep 30, 2020 • 6 tweets • 2 min read • Read on X

Remember when I wanted the Dems to have whole sections during their primaries about the Supreme Court and nobody listened to me? #Debates2020

Trump surfaces pushing Amy Coney Barrett through in the lame duck.

Remember, that would involve people who have been VOTED OUT OF OFFICE voting to confirm a lifetime appointee.

Joe Biden pivots from the illegitimacy of the Barrett nomination to the battle over the Affordable Care Act (slated for argument November 10th). #Debates2020

Trump says "I'm not elected for 3 years, I'm elected for 4 years."

BARACK OBAMA WAS ELECTED FOR 8 YEARS, NOT 7!!!!!

Somebody? ANYBODY? #Debates2020

@HawleyMO

Trump says "You don't know her view on Roe v. Wade."

Like, for real, he said that. PAGING @HawleyMO, who has LITERALLY SAID he will only vote for nominees opposed to Roe and says Amy Coney Barrett passes HIS TEST!! #Debates2020

I promise you I know Amy Coney Barrett's record better than any of the three white people on the stage right now.

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More from @ElieNYC

Elie Mystal

@ElieNYC

Jul 2

I understand why Republicans are invested in downplaying the scope of the immunity decision. If people understood what just happened they might want to do something about the Supreme Court.

I really don't understand why Democrats are downplaying the scope though.

My only guess is that Democrats think that if people understood how much power the Supreme Court just handed to the President, they might expect their President to use it.

Since Biden's not going to use it, I guess there's value in telling people it didn't happen?

And along those lines I guess there's value in Democrats (falsely) telling people that there's still some kind of ridiculous chance Trump is still brought to justice, because even thought that is now a complete lie, people like to believe "the system is working."

Read 6 tweets

Elie Mystal

@ElieNYC

Jul 1

Look, I appreciate that people still want to find *some way* to think that Trump is going to be brought to justice for January 6.

But he WILL NOT be brought to justice. That part of the conversation is OVER. Trump won. People need to deal with that in their own way, but he WON.

The more relevant question is "NOW... WHAT ARE YOU PREPARED TO DO?" Trump won. He iced the bookeeper. He killed Sean Connery. NOW, WHAT ARE YOU PREPARED TO DO?

Are you prepared to go to the mattresses against the Supreme Court? Are you prepared to DEMAND court expansion as a condition for your next vote, in your next primary? Yes? Then we can talk. NO? Then there is no point.

Read 5 tweets

Elie Mystal

@ElieNYC

Jul 1

20 minutes out from Supreme Court decisions. It's been an honor covering these last gasps of democratic self government.

Just so you know, my process is to read the case syllabus, which usually tells you the holding, then read the first few paragraphs of the dissent, which tells you what the actual fight was about.

First case is Corner Post v. Federal Reserve. 6-3. Party lines. Barrett opinion, Jackson dissenting.
Republican justices say that people can challenge administrative regulations, essentially whenever they want, statute of limitations be damned.

Read 17 tweets

Elie Mystal

@ElieNYC

Jun 28

Back here on SCOTUS watch because as bad as things are they can always get worse and probably will in 20 minutes.

In case you missed it last night, here's my write up of yesterday's abortion ruling

thenation.com/article/societ…

I've started smoking again. :(

Read 25 tweets

Elie Mystal

@ElieNYC

Jun 27

Supreme Court opinions in 20 minutes. I assume they "officially" have to punt EMTALA till after the election today. Not sure what else.

First case is Ohio v. EPA. It's about whether to enforce an EPA rule limiting pollution while people sue over the rule. 5-4. Gorsuch (whose mother used to run the EPA --into the ground-- for Ronald Reagan) rules against the EPA. Barrett joins the liberals in dissent.

@SCOTUSblog just said Gorsuch has two opinions today, and since they did this smaller EPA case... I wonder if the next one is Chevron...

Read 18 tweets

Elie Mystal

@ElieNYC

Jun 26

Finished a recording with @ProfMMurray and @AudreLawdAMercy just in time for decisions.

Yay?

First case is Murthy v. Missouri. It's one of the social media cases, with vaccine deniers being pissed that they can't spread COVID-19 disinformation.

6-3, Barrett opinion, Thomas, Alito and Gorsuch dissenting, says that they don't have standing.

Basically the government was using its social media presence to knock down COVID lies. Antivaxx people (and two states) said it violated their free speech. Court says they don't have standing to sue the government over the government's use of social media.

Read 10 tweets

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