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12 Nov, 4 tweets, 2 min read
Great survey & analysis, with lots of new reporting (GOP poll had Collins down 9 just after RBG death), from @jsscppr & @mikeshepherdME on the multi-faceted reasons why Collins was re-elected.
bangordailynews.com/2020/11/12/pol…
Two items from piece particularly stood out to me: Google searches for Bill Green provided some data on impact of Green ads--which struck me as by far the most effective ads of the campaign, on either side. Image
Second: in the end, Sara Gideon didn't really believe her own campaign's core message (that Collins had changed)--although she didn't admit it till after election. (I voted against Collins in 1996/2002/2008/2014 but was struck by the dishonesty of Gideon's ads on this point.) Image
Finally: there's just lots of excellent reporting in this article illustrating Collins' (effective) constituent service impact on individual Maine residents, which surely helped her pull through.

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More from @kcjohnson9

KC Johnson Profile picture
16 Oct
Just in: In first-of-kind ruling, court issues preliminary injunction against @rpi for insisting on adjudicating a TIX case that originated pre-8/14 w/o following the new, more due process-friendly TIX procedures. Court v. dubious about RPI's rationale for doing so.
Court--citing to CA2 precedent in Columbia & Menaker--notes oddity of university keeping two sets of procedures: " disregard for the inevitable administrative headaches of a multi-procedure approach certainly qualifies as evidence of an irregular adjudicative process."
Court also notes "bizarre" RPI rationale--in case of mutual intoxication--seemingly not to apply same standards to acc'd student as it did to accuser.
Read 11 tweets
KC Johnson Profile picture
18 Sep
Just in: Court denies @AmericanU MTD in acc'd student lawsuit, on both TIX & breach of contract grounds. W/no appellate decisions on issue from CADC, court also joins CA3, CA8, and CA9 in adopting the plaintiff-friendly CA7 Purdue TIX standard. Image
This was a v. strong TIX opinion, albeit one based on a v. strong complaint. Court comments on single inv'r seemingly inexplicable decision to ding credibility of acc'd student on minor issues while ignoring significant credibility concerns in accuser's story. Image
Court also comments on oddity of single inv'r seemingly discounting accused student's version of events simply b/c it came from...an acc'd student. Image
Read 5 tweets
KC Johnson Profile picture
10 Sep
.@RepBonamici opens House hearing by denouncing TIX regs as "forcing survivors to endure live x-examination." Does she oppose the use of x-exam in civil or criminal contexts? Does she disagree w/the SupCt on its value?
.@nwlc's Goss Graves testifies that "the survivors we work with are deeply invested in due process" (except when it involves x-examination, access to evidence, notice, or bias-free training, apparently).
Excellent comment from @virginiafoxx --from argument of opponents, it seems as if they seem the stakes in campus TIX adjudications as so low that schools should be able to dispense w/core due process protections.
Read 9 tweets
KC Johnson Profile picture
4 Sep
Just in: Fourth Appeals Court win for an acc'd student in as many months, this time from CA8 in closely-watched @UArkansas case. Sweeping opinion on Title IX; university prevails on due process but w/language on x-exam that likely will appear in other acc'd student lawsuits.
Bgrd: this was an instance where (even construing facts in the university's favor), the acc'd student almost certainly was innocent. (Inv'r cleared student; panel found accuser incapacitated but not during sex, & never said acc'd student would have known of her "incapacitation.")
CA8 becomes the third circuit--joining CA3 and CA9--to adopt Judge Barrett's plaintiff-friendly pleading standard from the CA7 opinion in Purdue.
Read 12 tweets
KC Johnson Profile picture
2 Sep
Hearing underway in final challenge to new TIX regs, from @nwlc. Judge Young opens w/skepticism about whether student plaintiffs in the case have standing. NWLC disagrees. Young: "W/all respect, I find that very difficult to comprehend." Dismisses two accuser plaintiffs.
Young: "I'm disposed to consolidate" PI motion w/SJ motion. Says he'd be OK with trial w/in days(!) over the new TIX regs.
Judge Young: “This is very thin—and I say this w/respect”—how are missions of accusers' rights orgs being frustrated? “It’s not enough just to object to the rule.”
Read 6 tweets
KC Johnson Profile picture
27 Aug
CA legislature on verge of passing bill to require colleges & univs to defy the new TIX regs by prohibiting x-exam; & to give schools authority to defy various CA appellate rulings by not even providing a hearing.
leginfo.legislature.ca.gov/faces/billText… Image
Measure passed the Senate 30-8 (though before key amendments were included); has passed key House committees.
leginfo.legislature.ca.gov/faces/billVote…
Incredibly, the bill is sold on grounds it will provide greater "clarity."
Implementation date isn't until 2022 (w/apparent hope that regs will be gone by then). No mention of policy on giving schools a choice to hold a hearing at all as violating CA court decisions. Image
Read 5 tweets

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