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Andrew Fleischman Profile picture
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12 Oct, 4 tweets, 2 min read
Ok, so this should be the model for arguing against Barrett's confirmation.

gfile.thedispatch.com/p/should-is-fo…
Notice that @JonahDispatch does not argue that Barrett is crazy or stupid or bad. Instead he acknowledges the truth that she will likely make a big difference on the Court, and she is being appointed, along partisan lines, at the last minute.
Here's a model of the other way you can be an effective advocate: by actually talking about Barrett's record as a judge.

currentaffairs.org/2020/09/why-am…
I would provide some counterexamples, but if you're on twitter, I bet you know what they are.

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More from @ASFleischman

Andrew Fleischman Profile picture
13 Oct
It certainly might SEEM crazy that the governor of a state can arbitrarily limit access to ballot boxes based on vague, poorly articulated security concerns. It might seem like a lot of last-minute election changes geared at suppressing turnout are, in fact, corrupt. But really/1
Sorry, Twitter has ordered that all reasonable explanation for the actions of a government official must be contained in one tweet. /2
Here's the opinion, which was visited, rather generously, by the Italics fairy

ca5.uscourts.gov/opinions/pub/2…
Read 13 tweets
Andrew Fleischman Profile picture
7 Oct
Because news outlets are not always great at this, here is Sidney Powell's recusal motion.

courtlistener.com/recap/gov.usco…
Sidney Powell alleges that Judge Flynn should be recused because he said unflattering things about her client while he was sentencing him for a felony.

She alleges that he said these things because of Rachel Maddow, and not because of the facts before him.
Considering an amicus brief? That's a recusaling.
Read 29 tweets
Andrew Fleischman Profile picture
7 Oct
What a get.
Are they trying to get me to vote for Biden twice?
Democrats plan to "flood America" with illegal immigrants and force police officers to choose between their jobs and enforcing unconstitutional laws. No not THOSE laws.
Read 4 tweets
Andrew Fleischman Profile picture
5 Oct
Contrary to Justice Thomas' thin-skinned complaint, it's not Obergefell that brands people opposed to gay marriage as bigots. That's the cultural shift that occurred when lots of young people came to accept gay marriage, and lots of older people died. /1 ImageImageImageImage
As for the argument that Kim Davis' religious liberty was threatened when a gay couple asked for a marriage license, I am skeptical that Justice Thomas would extend this anywhere else.

/2
Imagine, for instance, someone with a sincere religious objection to marrying people who had committed serious domestic violence.

That's a valid complaint, from a sincere place, and yet the Court would likely say it was none of that person's business. /3
Read 7 tweets
Andrew Fleischman Profile picture
26 Sep
I think it would be interesting to study, if SCOTUS overturns Roe and Casey, how many states have already declared fetuses to be persons, which would make abortion, or travel to get abortion, murder, with no statute of limitations.
Also interesting would be whether a law that is on the books, but unenforceable, may be applied retroactively if that law is declared constitutional.
If I were looking to point out the problems with forcing women to give birth, I think the purely discretionary enforcement of laws carrying mandatory life sentences would be a good thing to focus on.
Read 5 tweets
Andrew Fleischman Profile picture
24 Sep
The 11th circuit said the reason this was not a poll tax was because the fines were part of a felon's punishment. There's no rule against paying off someone else's fines, even if it incidentally means they can now vote.
And it's not an incentive to vote because the felon doesn't have to make any promises to get the fine paid.
Indeed there are some people in the world who might see millions of dollars being paid into court systems and victim's funds from out of state as a good thing.
Read 5 tweets

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