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Andrew Fleischman Profile picture
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14 Oct, 4 tweets, 1 min read
I feel like I could make some brave new law on standing if I sued for an injunction requiring judges to wear flannel pajamas and terrycloth robes for zoom proceedings
"But Mr. Fleischman how are you injured by black robes?"

"Your honor the word coziness does not appear in the Constitution but a semantic analysis of the Federalist papers reveals..."
"The Tennessee Supreme Court says you win!"

"Seems weird I sued in South Carolina ..."
Showing up to SCOTUS with everyone dressed like this and fending off opposing counsel's "11th hour recusal motion."

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More from @ASFleischman

Andrew Fleischman Profile picture
15 Oct
There are some reports that Giuliani is distributing a video of Hunter Biden smoking crack and having sex. I think this may pose some problems under Delaware's revenge porn statute. /1 Image
The statute makes it a misdemeanor to distribute images of someone engaging in sexual conduct without their consent if they have a reasonable expectation of privacy.

I haven't viewed the video, so I don't know if Biden had that expectation, but this does seem nonconsensual. /2
The statute suggests some aggravating factors that are present here, such as including the identity of the person filmed, distributing to "annoy" that person, and possibly that the images are distributed for "profit." Image
Read 8 tweets
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
12 Oct
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…
Read 4 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

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