What is fascinating about the coverage on the decision is that lack of any push back on Whitmer claiming on CNN and other outlets that this was just a bunch of biased Republican appointees... jonathanturley.org/2020/10/03/mic…
...When Trump has disparaged judges who voted against him as Democratic appointees, the media has rightfully denounced him. Moreover, no one has corrected Whitmer in suggesting that the Democrats supported her actions in the decision. They did not...
...They voted that she did violate the Constitution and acted without authority in her extension of the emergency orders. They simply disagreed on having to negate the orders. Finally, there was no push back on the notion of Republicans voting together is proof of bias but . . .
...but Democrats voting together was just good judging. Indeed, there was little interest in the ruling against Whitmer, even in interviews addressing the pandemic orders. She raised the opinion and gave the false account of the decision on CNN unchallenged and uncorrected.

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More from @JonathanTurley

3 Oct
The Internet is raging with conspiracy theories this weekend on how President Donald Trump may be faking his illness or using his Covid-19 treatment for some hidden dark purpose. jonathanturley.org/2020/10/03/tru…
...If we are going to unleash implausible conspiracy theories, at least make them interesting. Something far more sinister could be revealed as Trump emerges from his experimental treatment. No, not viral immunity. I am speaking of super MAGA powers:
...now that is a conspiracy theory. Otherwise, let's stick with the plausible medical and legal realities. This is a serious illness that is being treated by a staff of hundreds of professionals, not co-conspirators. The President is high-risk but they have also moved quickly...
Read 4 tweets
30 Sep
Before completing his testimony, Comey was asked if he regretted his various public statements dismissing allegations that have now been proved correct, particularly after he now admitted that he would not have signed the Page application . . .
...He was specifically asked about his column in 2019 on "Lie and Dumb Lies." He said that he does not know of anything in the column that he would change...
...How about? "But go ahead, investigate the investigators, if you must. When those investigations are over, you will find the work was done appropriately and focused only on discerning the truth of very serious allegations...Those are lies, and dumb lies at that."...
Read 4 tweets
30 Sep
James Comey seems to be offering the Senate today a series of shrugs over troubling evidence of false evidence and possible Russian disinformation in the Russian investigation. Despite his signing off on secret surveillance, Comey is dismissing questions ...
...on the basis that he never knew of any of the memos indicating that the information in the investigation was false or even Russian misinformation. He was under a duty to confirm such facts. As someone who has billed himself as a strong leader, he is now portraying himself...
...as a passive player in these decisions. However, while he would not answer questions on the new evidence of possible Russian misinformation used by the FBI, he had no problem discussing new evidence on Trump's debt that might suggest Russian control over him.
Read 9 tweets
27 Sep
Chuck Todd fairly challenged Sen Blount about the hypocrisy in the positions of Senators in 2016 and 2020 on nominations. But he continues to repeat the false statement that Republicans did not cite the fact in 2016 that the Senate was under the control of the opposing party...
...Todd said again that he has exhaustively looked for any reference to the control of the opposing party of the Senate back in 2016 as a rationale. It took me exactly 50 seconds to find such statements on the Internet...
...McConnell repeatedly made this point: “You did have to go back to 1888, when Grover Cleveland was president, to find the last time a vacancy created in a presidentially elected year was approved by a Senate of a different party. I think you all understand where we are.”
Read 6 tweets
26 Sep
As expected, the nominee is Judge Amy Coney Barrett. More than any nomination in history, this is a celebration of conservative feminists. It comes close to the day of the confirmation of Justice Sandra Day O’Connor. thehill.com/opinion/judici…
...While they reached very different conclusions on constitutional interpretations, Justice Ginsburg and Judge Barrett have striking similarities. Both graduated at the top of their law school classes. Both went into teaching at leading law schools. Both joined the bench ...
...with deeply rooted views of the law and its role in society. Both also publicly discussed the importance of their faith to their careers and their convictions.
Read 9 tweets
22 Sep
Joe Biden just refused to answer whether he will support packing the Court with new members once elected. That is an extraordinary position. Many of us would not vote for a candidate who supports a court packing plan. usatoday.com/story/opinion/…
...Presidential election are not supposed to be constitutional blind dates. His running mate, Kamala Harris, has already come out in support of a court-packing scheme as have some of his top political allies...
...Schumer also insisted "everything is on the table." It is akin to Speaker Pelosi refusing to rule out the clearly abusive use of impeachment as a method of opposing a lame duck nomination. If Biden considers this a viable option, he is not a viable candidate for many of us.
Read 4 tweets

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