I agree with the people that say that the ACA lawsuit was a uniquely weak lawsuit, but the people saying that the ACA was never in any danger are ignoring the fact that DOJ itself is asking for the law to be struck down.
"It's such a weak lawsuit that it was always doomed so don't worry about Justice Barrett" is inconsistent with "the Solicitor General of the United States is telling SCOTUS to strike down the Act in full."
Unless your theory is, well ignore the SG, he's just being silly for political points. That is not my experience of that office - I think they usually advocate the positions they want to happen.
This wasn't a ridiculous suit like those brought by Hotze to throw out the drive-through votes in Texas - the slap-dash babbling of a kook. The SG of the United States says so.
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We're starting with the California Solicitor General's 2 minute free-time. After that, Chief Justice Roberts will start off the questioning and then we go down the seniority list. This is weird - it's because we're having telephone arguments.
Roberts starts with standing - he questions whether the plaintiffs even are injured by the mandate. What if Congress passes a law requiring everyone to mow their lawn?
Three more Fifth Circuit arguments scheduled for this year. Going to hit my career high in arguments for a year this year (8).
That’s not a humble brag. Just a brag that if you’re totally determined to make this your career you might make it happen. #appellatetwitter
Yes I know, fed defender friends are going to show up at some point and say they had 25. Ok, but these things are rarer on the ground on the civil side.
I also want to note we’re pretty fanatical about getting other people arguments. @TWapplaw’s insistence was how I started getting them, and we are always working to get them to others too.
I've noticed some of my new followers from the Texas voting case don't know I cook or why. So let me tell the origin story real quick. My mom is one of the great home cooks.
When I went to college overseas, I wandered downstairs to the cafeteria the first night. 1/
I got a tray and went down the line. A sort of gruff lady yelled, "What kind of soup do ye want?" I asked what there was. She said, "red, green, & clear." I said, "What?"
And she said, "The flavors change, the colors stay the same." 2/
The food was as undelicious as that intro promised. But our dorm had kitchens on each hallway. So a week into school, I order @NigelSlater's great cookbook, Real Food. That, now, was more than 20 years ago.
A campaign story. I signed up to work for McCain's campaign. At the time, I was a very junior lawyer. They sent me to Maine on election day to do poll watching. I was the only R lawyer in the district. The democrats had assigned three lawyers to the district. 1/
I was given like a schedule of polls to go to. After the second one, where the democrats showed up shortly after I did, one of them said - "Hey, want to just ride with us? We can talk and maybe have some lunch."
So that's what I did. 2/
We'd go to the polls. Do the observing that was meant to happen. The lawyers told me stories about law in Maine. We had shrimp rolls, I think. I called in several reports back to the central office - people getting mad about the election and yelling slogans near the polls. 3/
The appeal in the Fifth Circuit of Judge Hanen’s decision has now been docketed. I expect the Court to act tonight. Maybe in the AM, but tonight more likely.
Eye roll at it being designated a civil rights case (just a technical thing, doesn’t mean anything). Indeed.
When I say I expect action tonight, that’s assuming the plaintiffs laid the groundwork (ie, called the court and told them to expect emergency motion practice). If they didn’t sad trombone noise may ensue. Federal courts don’t do stuff for you just because you want them too.