It would thrill me to the cockles of my heart if we could provide Americans a working knowledge of their constitutional rights in high school.

Because they are sure as hell not getting it from the news.
I remember vividly that I got to participate in a mock trial in 4th grade based on Tinker v. Des Moines, and how exciting it was for me to get to make those arguments.

But that was literally the last time my school meaningfully spoke about a right other than voting.
So yeah, no wonder you've got people raving about HIPAA and sedition and treason. Without a grounding in what the law actually says (which in itself provides a super interesting historical context) you've got no bullshit detector.
Basically, I'd love it if Americans had the same basic familiarity with, say, their rights against search and seizure as they have of the Second World War.

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More from @ASFleischman

30 Oct
@RottenInDenmark So normally when there's a legal story, I feel like my role is to be like "it's actually not that crazy and if you understood a bit better you'd understand there are two perspectives."

But this is literally adopting a new theory of the Constitution 5 days before election.
@RottenInDenmark There's this case called Purcell that's like "don't do last minute shit that's gonna fuck up the election." And what these judges decided is that state legislatures have the sole, nondelegable ability to set state policy, based on this in the Constitution. Image
@RottenInDenmark Conservative judges have, EXTREMELY RECENTLY, taken to arguing that under this, state courts are powerless to hold that state constitutions forbid legislatures from doing things. And also, here, that they can't delegate power to the secretary of state.
Read 7 tweets
29 Oct
Why is it that so many people who insist on an arbitrarily strict definition of a "democracy " don't seem to have any idea what socialism is?
Raising the minimum wage isn't socialism. Socialism or fascism, would mean having gocernment ownership of the places setting the wages.
Food stamps aren't socialism. Government owned grocery stores are socialism.
Read 5 tweets
28 Oct
Really looking forward to my next meeting at the Schmederalist Society
Wouldn't it be awful if the legislatures that draft state constitutions are later BOUND by those constitutions when they draft statutes?

Why, that would make the Constitution some kind of SUPERLAW that bound later legislatures until amendment
Oh shit, no see, this makes total sense, because the legislatures have to decide how elections happen, but it only counts when they don't make that decision in the form of a Constitution.

That is super textualist. Jennifer Lawrence nodding gif.
Read 4 tweets
27 Oct
I wouldn't hate it if appellate courts had fact checkers and experts they could run opinions by for accuracy.
Not as in, "this is mandatory," but law clerks are never going to be as good at researching factual questions as, say, @RottenInDenmark. It would be cool to have someone smart on hand to look into stuff like "how does this technology work?" or "are these statistics trustworthy?"
You could call them fact clerks!
Read 4 tweets
26 Oct
I had no clue until right this minute that Ron Coleman represented Laura Loomer in a lawsuit that a federal judge called "nonsensical."

He said that asking Twitter to ban someone was tortious interference.

courtlistener.com/recap/gov.usco… Image
Here's the courtlistener page if anyone wants to pony up the PACER fees to read the complaint.

courtlistener.com/docket/1609748…
I love this argument. "CAIR is basically Hamas. The terms of service are too vague. And other people also say dumb, racist shit on here so...." ImageImage
Read 16 tweets
16 Oct
Melania Trump has "written" an editorial defending her decision to have the US Government enforce her private non-disclosure agreement.
She accuses her assistant, who recorded her saying she did not care about detained children taken from their parents, of not caring for others.
Melania argues that the media has unfairly chosen not to focus on her positive work.
Read 7 tweets

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