I see the Roberts Court is continuing its twerpish trend of issuing party-line votes in highly controversial cases as per curia
The "Bush v. Gore" per curium, and you have to concede that your chambers wouldn't want your name on them either
Today it's Breyer that draws Unanswerable Dissent duty, responding to the Court's holding that the Court cannot rule about Trump's illegal plan to exclude undocumented aliens from the census because we can't be sure that it will work
"Where, as here, the Government acknowledges it is working to achieve an allegedly illegal goal, this Court should not decline to resolve the case simply because the Government speculates that it might not fully succeed."
What's worse, the Republican majority on the Court has done a 180 degree turn on the importance of completing the census in a timely manner, in both cases in aid of Trump's openly racist and illegal manipulation of the census
This case is plainly justiciable
On the merits, this is an easy case -- we don't even have to get to the (very real) constitutional issue because Trump administration's goal to exclude undocumented aliens from the census violates the clear language of the relevant statute
As Breyer explains, everything judges use to engage in statutory interpretation -- the text, historical practice, legislative history -- point in the same direction: that the Trump administration's unprecedented attempt to exclude undocumented aliens is illegal
The Trump administration's "interpretation" of the statute is also completely inconsistent with its core purpose
This is a partisan Court once again refusing to check flagrant illegality from a president it views as an ideological ally, and should serve as a reminder that "was it willing to literally steal an election?" is not the baseline by which it should be judged
*per curiam on the second tweet, my kingdom for an edit function

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More from @LemieuxLGM

18 Dec
Blaming "Congress" for the failure to pass a relief bill when Democrats have supported one since May and Republicans have consistently blocked it is essentially a contribution in kind to the Republican Senate conference
The bad faith of Republican negotiation blaming "Congress" willfully covers for is best exemplified by Pat Toomey risking blowing up negotiations by trying to take stabilizing powers away from the Federal Reserve: lawyersgunsmoneyblog.com/2020/12/republ…
Is there any principle involved here? Haha no, the Republican conference actively supported these measures under a Republican administration. They just want people to lose their jobs, homes and in some cases lives to handicap a Democratic administration. That's it.
Read 5 tweets
16 Dec
Weaponizing the free exercise clause lawyersgunsmoneyblog.com/2020/12/weapon…
To amplify @mjs_DC's point that these free exercise decisions are not the narrow technical decisions they're sometimes portrayed as, we now have two decisions in which the Court reached out to declare restrictions THAT WERE NO LONGER BEING ENFORCED unconstitutional.
In the recent case from CO Kagan pointed out the Court issued a ruling in a case that was clearly moot. This is, for better or worse, not a modest Court trying to clean up some technical details. It's using an emergency to revise free exercise doctrine quite radically Image
Read 6 tweets
12 Dec
One thing about all these reactionary critics who think they are upholding the Great Standards of Western Culture is that the are invariably hideously bad writers:
"Getting a Ph.D. is a snap these days, which I know from a few random anecdotes" yes really upholding uncompromising standards of intellectual rigor here. (We are in the midst of a hiring process now and all I can say is LOLOLOLOLOLOLOLOLOL)
If you do not remember Joseph Epstein from such arguments as "until 2008 presidents of the United States were chosen strictly on merit, but Barack Obama and Hillary Clinton would be affirmative action presidents," I envy you nymag.com/intelligencer/…
Read 9 tweets
11 Dec
Today's episode of Unanswerable Sotomayor Dissents involves the Supreme Court allowing Bill Barr's execution of Brandon Bernard (who, unlike Barr, has never killed anyone) to proceed supremecourt.gov/opinions/20pdf…
Bernard was 18 when he was with a group of young men who murdered two people. The capital sentence was based on the (ludicrously false) premise that he was a full and equal member of a violent gang:
The prosecution knew that Bernard was in fact at the very bottom of a 13-tier hierarchy at trial:
Read 11 tweets
10 Dec
Every single lawyer representing Trump in the post-election litigation should be tossed out of the legal profession lawyersgunsmoneyblog.com/2020/12/disbar…
To reiterate what should not require reiteration, the 6th Amendment means that people have a right to counsel in criminal cases. It does not entail a "right" to file frivolous or abusive claims, let alone sub-frivolous claims intended to delegitimize an election.
TX v. PA is a systematic Rule 11 violation, not a lawsuit. Nothing in it even approaches a legal argument, and the statistical non-evidence is the very definition of "not even wrong." lawyersgunsmoneyblog.com/2020/12/texas-…
Read 10 tweets
10 Dec
Dianne Feinstein led the Democrats during immensely important Supreme Court hearings in the midst of severe cognitive decline: lawyersgunsmoneyblog.com/2020/12/losing…
DiFi just flat-out undermined every marginal Dem Senate candidate to massage her own ego by insisting to keep doing a job she was not longer capable of doing newyorker.com/news/news-desk…
After completely botching the ACB hearings, Schumer had The Talk with Feinstein...and then *had to have it again because she immediately forgot about it*:
Read 5 tweets

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