This morning at the Supreme Court, @neal_katyal defended two U.S. corporations accused of aiding and abetting child slavery overseas. The question is whether alleged victims can sue these corporations for overseas crimes in U.S. courts. I’ll post a few notable exchanges.
First: Clarence Thomas (!) asks Katyal, isn’t there an international norm allowing corporate liability for slavery?

Katyal says: Well, this is just *aiding and abetting* slavery, so it’s different.
Second, Kagan asks Katyal: Can a former child slave can sue ten slaveholders as individuals?

Katyal says yes.

Kagan asks: Can a former child slave sue those ten slaveholders if they form a corporation?

Katyal says no.

Kagan asks: How does that make any sense?!
Third, Alito (!) asks Katyal: If a U.S. corporation hired foreign agents to kidnap children and hold them in bondage on a plantation in Africa, could those children sue the corporation in U.S. courts under this law?

Katyal says: Nope.
The two U.S. corporations accused of slavery in this case are @Nestle and @Cargill.

Here's the terrific amicus brief by @oonahathaway that Justice Kagan cited. supremecourt.gov/DocketPDF/19/1…

And you can listen to arguments here: c-span.org/video/?477430-…
Big Law attorneys with a progressive pro bono practice are still Big Law attorneys.
slate.com/news-and-polit…

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More from @mjs_DC

30 Nov
Here's a terrific preview of today's oral arguments at the Supreme Court in the latest census case. This time around, Trump is trying to exclude undocumented immigrants from the population count when apportioning seats in the House of Representatives. slate.com/news-and-polit…
Today's SCOTUS case could be catastrophic, stripping federal representation from states with large immigrant populations for the next ten years.

But it could also end with a fizzle, because Biden might be able to undo Trump's anti-immigrant policy. A lot of uncertainty here.
Today's case could fizzle out in other ways. SCOTUS could find a lack of standing now, then hear the case on the merits after Trump screws up apportionment. It's also worth noting that the govt does not know how many undocumented immigrants live here—the policy is unworkable!
Read 25 tweets
26 Nov
Barrett casts the fifth vote to lift COVID restrictions on houses of worship in NY. Roberts dissents.

The new five-justice ultraconservative majority takes shape for the first time.
Aside from the outcome, what’s most remarkable here is the brawl between Gorsuch and Roberts. Gorsuch attacks Roberts head-on, accusing him of trying to “shelter in place when the Constitution is under attack.” Roberts responds with a withering attack on Gorsuch’s candor.
Gorsuch (left) plays amateur scientist, saying NY must open houses of worship if it opens liquor stores and bike shops. Sotomayor (right), citing the actual science, says Gorsuch is playing “a deadly game in second guessing the expert judgment of health officials.”
Read 12 tweets
23 Nov
Good morning! The Supreme Court will issue orders at 9:30 a.m.😅
I see nothing major in the Supreme Court's orders this morning. No action on cases involving the election or COVID. No new grants. A quiet day.
Small note: Justice Kagan recused herself from the consideration of three cases in today's orders list, presumably because she was involved somehow while solicitor general ... a position she left more than 10 years ago.
Read 4 tweets
20 Nov
🚨11th Circuit rules that bans on anti-LGBTQ "conversion therapy" violate the First Amendment. 2–1 decision, both judges in the majority appointed by Trump. A really awful and frightening decision. media.ca11.uscourts.gov/opinions/pub/f…
Note that these bans only apply to minors and licensed counselors. Not clergy or private citizens. And lawmakers found that trying to change a child's sexual orientation or gender identity is extremely harmful and dangerous. The 11th Circuit's Trump judges don't care.
This is what Rule By Trump Judges looks like: We are not allowed to shield LGBTQ youth from discredited "conversion therapy," even though it increases risk of suicide.

Trump judges won't let LGBTQ people protect our own communities, our own children, from harm. Sickening.
Read 7 tweets
13 Nov
Alito is delivering the keynote speech at this year’s Federalist Society convention. He’s using the occasion to defend the group, claiming its members face “harassment and retaliation for saying anything that departs from the law school orthodoxy.”
Alito attacks the Judicial Conference for attempting to forbid federal judges from being members of the Federalist Society, and praises the conservative judges who successfully fought the ban.
UHHH, Alito seems to be criticizing governors for issuing “sweeping restrictions” in response to COVID-19. Also criticizes progressives and New Dealers for putting too much faith in scientists and experts.
Read 17 tweets
10 Nov
Brett Kavanaugh just said “I tend to agree” that the ACA’s (zeroed out) individual mandate can be severed from the rest of the law. Unless he’s bluffing—which is possible!—that probably means the ACA is saved.
My guess at this stage: The six conservative justices find the individual mandate unconstitutional. (Which will be ridiculous, but whatever.)

Then a majority (maybe 5–4?) will just sever the individual mandate from the rest of the ACA, which will have no impact on anyone.
Here’s the full Kavanaugh quote. If he really means it, that’s the ballgame.
Read 7 tweets

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