On Tuesday, SCOTUS will return to an issue it heard and then dodged nearly a decade ago: whether corporations can be held liable for human rights abuses abroad supremecourt.gov/search.aspx?fi…
The justices first agreed to take up the issue in 2011, when the Citizens United ruling was still fresh in peoples' minds. I was a baby professional journalawyer and wrote about it.
Here's what I wrote on the eve of the oral argument in 2012:
BUT THEN the justices decided to order reargument, junking the corporate liability issue...perhaps because the optics of declaring corporate immunity for human rights abuses abroad would have been terrible so soon after Citizens United?
Then came the ruling unanimously narrowing the ATS's reach, though the court was fractured on ideological lines over the reasoning
(Here's the ruling in Kiobel: supremecourt.gov/opinions/12pdf…)
But perhaps nearly 11 years after Citizens United is enough distance from the bad optics...and this week the justices will once again take up the issue of corporate immunity for human rights abuses abroad...this time with the question relating specifically to domestic companies.
Gah I started this thread with the wrong screengrab

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More from @MikeSacksEsq

23 Nov
Vice Chair Aaron Van Langevelde, one of the MI Board of State Canvassers' two Republicans, apparently committing to vote to certify state's results for Biden:

"We have a duty to certify based on these returns, and we are limited to these returns."

That's ballgame.
Now it looks like they're just gonna hear lots and lots and lots and lots of public comment before they actually certify.

If you still want to watch, here is the link:
Based on his questions to MI election law expert and Detroit election official, Norman Shinkle (R) appears the lone vote against certification, seems to want to delay for full 40-day window based on conspiracy theories and unfounded suspicions of foul play in Detroit
Read 7 tweets
23 Nov
Judge Brann remembered, fondly...and so will the 3rd Circuit and SCOTUS.
Ironies abound:

1) Trump team wants opportunity to present evidence yet couldn’t plead sufficient facts to survive motion to dismiss, and

2) They seek salvation from the same conservative legal movement that heightened the liberal M2D standard Trump *maybe* could have survived
Read 4 tweets
19 Nov
Hearing is still going on, but I have to go on air now. So go to @KlasfeldReports for more updates
Just deleted a tweet saying Judge Grimberg said the case was a closer call than the Dem Party argued and wanted to decide on the briefs. Judge was talking about Dems’ motion to intervene, not about merits of case or plaintiffs’ standing.

SORRY FOR THE HEART ATTACKS.
NOTE TO SELF: Don't livetweet reports from high-profile hearings I'm half-listening to while writing my on-air intro.

Read 18 tweets
19 Nov
Rudy pretty much delivering to the press right now his opening argument to Judge Brann the other day.
Rudy alleging a vast left-wing conspiracy in which any judge that rules against Trump Campaign "will issue ridiculously irrational opinions just to come out in [Democrats'] favor."
Read 7 tweets
18 Nov
Wood, a GA Elector, is asking Judge Grimberg, a Trump appointee, for a temporary restraining order to block certification of GA's final count as well as closer count observers for the GASEN runoff
courtlistener.com/recap/gov.usco…
Hearing's underway now and Judge Grimberg doesn't seem all that keen on the plaintiff's argument for standing
Read 6 tweets
18 Nov
Federal judge in PA heard enough at yesterday's arguments, cancels evidentiary hearing scheduled for tomorrow, and orders final briefing to be completed by the end of this week.
courtlistener.com/recap/gov.usco… ImageImage
The order puts in writing what the Judge suggested from the bench yesterday
Meanwhile the federal judge in Michigan yesterday called out the Trump Campaign for not even serving a copy of their complaint to the State and set the briefing schedule for completion by this Friday: courtlistener.com/docket/1861986…
Read 33 tweets

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