At 10 a.m., the Supreme Court will hear arguments in Hungary v. Simon, which asks whether Hungarian Holocaust survivors can sue Hungary in U.S. courts for stealing their property. @SEHarringtonDC is arguing for the survivors. Listen here: c-span.org/video/?477434-…
Chief Justice Roberts grilling the Justice Department’s Benjamin Snyder is unexpectedly savage
Shorter Roberts: “Mr. Snyder, why is the federal government cowering behind dubious jurisdictional arguments to avoid explaining how this lawsuit will actually cause any friction with Hungary?”
Arguments just wrapped and I really can’t predict how this case will come out, but @SEHarringtonDC was characteristically terrific and deftly avoided several traps that would’ve ensnared a lesser advocate. Listen to the whole thing here: c-span.org/video/?477434-…

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More from @mjs_DC

3 Dec
My read on the Wisconsin Supreme Court's decision:

•4–3 to deny Trump's petition outright (Hagedorn + libs)
•6–1 to reject any remedy that involves tossing mail ballots

Only Rebecca Grassl Bradley left open the possibility to tossing ballots. democracydocket.com/wp-content/upl…
Hagedorn's concurrence is really good. We are lucky that there is one sane Republican on the Wisconsin Supreme Court. democracydocket.com/wp-content/upl…
Here's the language in Chief Justice Roggensack's dissent essentially saying: I'm not going to throw out ballots, but I do think the elections board may have broken the law.

Ziegler joined Roggensack's dissent; Rebecca Grassl Bradley pointedly did not. democracydocket.com/wp-content/upl…
Read 6 tweets
1 Dec
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?!
Read 6 tweets
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

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