Supreme Court REVERSES the 5th Circuit's decision holding @deray liable for violence at a protest that he did not commit. Advises the 5th Circuit to certify a question of state law to the Louisiana Supreme Court that might insulate Deray from the lawsuit. supremecourt.gov/orders/courtor…
The Supreme Court also REVERSES the 5th Circuit's grant of qualified immunity to prison guards in Texas who tortured an inmate. (This is a good decision!) Here are the gruesome facts. supremecourt.gov/orders/courtor…
It's extremely rare for the Supreme Court to reverse a grant of qualified immunity to law enforcement or correctional officers. Pretty telling that even SCOTUS thought the 5th Circuit took qualified immunity way too far. supremecourt.gov/orders/courtor…
Clarence Thomas dissents from the decision denying qualified immunity to prison guards who tortured an inmate for six days. Alito wouldn't have taken the case in the first place. supremecourt.gov/orders/courtor…
Amy Coney Barrett did not participate in today's orders and decisions from the Supreme Court.
The Supreme Court's smackdown of the 5th Circuit today is fascinating. I wrote about that court's utter cruelty—and dramatic deviation from precedent—after Trump stacked it with ultraconservatives. Looks like it went too far, too fast for SCOTUS. slate.com/news-and-polit…
Today, Clarence Thomas dissented from a decision denying qualified immunity to prison guards who tortured an inmate. He also dissented from a decision reversing liability against a protester (@deray) who was held responsible for violence *committed by somebody else.*
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Texas Republicans have asked a federal judge to throw out 100,000 ballots in Harris County cast through curbside voting. They drew Judge Andrew Hanen, one of the most notoriously partisan Republican judges in the entire federal judiciary. This is alarming. assets.documentcloud.org/documents/2040…
Judge Hanen has already scheduled an emergency hearing for Monday morning—without even giving Harris County a chance to file a response brief. This, too, is extremely concerning. It looks like he may be rushing to throw out 100,000 disproportionately Democratic votes.
Texas Republicans are deploying the theory—recently endorsed by Thomas, Alito, Gorsuch, and Kavanaugh—that only state legislatures have authority over elections. Because the Harris County Clerk implemented drive-through voting, Republicans say all 100,000 ballots must be tossed.
Why is there so much more backlash to GOP voter suppression this year? My working theory is that Republicans made a mistake by launching a blatant effort to throw out valid mail ballots. There's no plausible deniability about "fraud"; they're just openly trying to steal votes.
Previously, Republicans pushed stringent voter ID rules, cuts to early voting, and other, more subtle attempts to keep people from casting a ballot—justified by fear of "voter fraud" (which isn't real). Now the plausible deniability is gone. It's just open season on lawful votes.
Also, the Bush v. Gore trick works best *after* an election. Republicans are scrambling to tee up Bush v. Gore 2.0, which means voters KNOW how they intend to nullify ballots, and can avoid the trap. Kavanaugh, Gorsuch, Alito, and Thomas didn't help by saying "yes! we're ready!"
This decision is INSANE. By a 2–1 vote, the 8th Circuit rules the Minnesota Secretary of State and the Minnesota state courts unconstitutionally usurped power from the state legislature by extending the ballot deadline. That theory was too extreme for the Bush v. Gore majority!
THIS IS THE DECISION I HAVE BEEN WARNING ABOUT FOR WEEKS. There is NO Supreme Court precedent to back up the 8th Circuit. This is a radical made-up theory Republicans are using to prevent states from counting ballots! THIS IS DANGEROUS FUCKING TERRITORY! slate.com/news-and-polit…
You need to pay attention to what's going on right now. The federal judiciary is dramatically expanding its power to police state election laws, to stop state courts and governors and election boards from protecting voting rights and counting ballots. slate.com/news-and-polit…
By a 5–1 vote, the Florida Supreme Court overturns a whole line of precedent that limited the death penalty to "the most aggravated and the least mitigated of first-degree murders."
This decision is a HUGE deal. The Florida Supreme Court has long reviewed death sentences for proportionality. But five conservative justices just decided they didn't like that rule, so they tossed it out the window. An earthquake in Florida's criminal justice system.
To see the future of our federal judiciary, just take a look at the Florida Supreme Court. Republicans have now stacked it with a 6–1 conservative majority ... which promptly gave itself the power to overturn decades of precedent. A massive power-grab. slate.com/news-and-polit…
By a 5–3 vote, the Supreme Court has refused to stop Pennsylvania from counting ballots that are mailed by Election Day but arrive up to three days later. Alito dissents, joined by Thomas and Gorsuch. Read it: supremecourt.gov/opinions/20pdf…
Note: Amy Coney Barrett did not participate in this decision, but she did NOT recuse herself. She simply decided that she joined too late to participate.
This statement is a clear indication that, while Amy Coney Barrett didn't participate this time, she will NOT recuse herself from future election litigation.
I am still stuck on Brett Kavanaugh claiming states “want to be able to definitively announce the results of the election on election night.” No state definitively announces the results on election night. None. How can it be that Kavanaugh doesn’t understand basic election law?
In 2018, putative liberals like Lisa Blatt and Akhil Amar assured us that Kavanaugh was brilliant, a genius, one of the finest legal minds of the nation. But these claims are impossible to square with Kavanaugh’s work on the court. It’s bizarre! slate.com/news-and-polit…
Roberts? Super smart guy. Alito? Basically an evil genius. Gorsuch? He can drive me nuts but the brainpower is obvious. Thomas? His fans overstate his intellect but his detractors underestimate it; he is often a very original thinker.