Oh hey just a reminder that somehow after four years none of the three major Emoluments Clause lawsuits have yet to reach SCOTUS
Here’s the latest state of play as of August
My thoughts as these suits were being conceived days before Trump’s inauguration
For a while I thought, per that thread, that there was no judicial remedy for Emoluments Clause violations, but last year @nycsouthpaw convinced me otherwise
But that still left the question of standing, and I tend to think that SCOTUS would deny it to any of the major case plaintiffs, even as two out of the three appeals courts found otherwise

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More from @MikeSacksEsq

8 Dec
Gonna be wild when the Oracle's eyebeams turn his hopes at retaining the presidency into that scorched dude in the suit of armor Atreyu has to step over
Of course, Alito could just put this PA thing out of its misery by himself at this point, with the other Circuit Justices acting alone to put out the other fires coming up from the federal cases in the other states.
Read 4 tweets
30 Nov
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:
Read 10 tweets
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.

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

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