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Elie Honig Profile picture
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19 Dec, 4 tweets, 2 min read
My brother, a high school teacher, is having me guest-teach a class next week.

Gave me this idea: Teachers, DM me and (schedule permitting) I'll Zoom in to your class next week and speak about law, criminal justice, media, writing, etc.

A very small holiday thanks to teachers.
Thank you all for the overwhelming response. I am booked solid next week now. Will post updates from my virtual / living room tour of schools around the United States.
First stop on the 2020 Substitute Teacher Tour: Mr. Kamps and Mr. Chung’s classes, Hightstown, NJ. @TeacherKamps (full classes of smart, engaged students but I’m only showing the teachers here). Thanks for having me! Image
Next stop: Elmyra, NY for @TheCoachRich Mr. Richmond, Ms. Smith and Ms. Woodard. The 2020 Substitute Teacher Tour rolls on... Image

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More from @eliehonig

Elie Honig Profile picture
10 Dec
I'm still seeing a lot of concern about the Texas Supreme Court filing, which is understandable. From a certain angle, it looks imposing.

So here, in sum, is why there's no need for alarm (thread):
1) The case asks the Supreme Court to exercise "original jurisdiction," skipping lower courts. The Court rarely does this. The Court *can* exercise this jurisdiction in state v. state disputes, but doesn't have to.

It takes 5 justices to hear this case, rather than the usual 4.
2) Usually original jurisdiction applies to state v. state disputes over borders, etc. - for example when NJ and NY sued over control of Ellis Island (Jersey!).

The TX case is something else entirely and could have been heard in lower courts (many have rejected similar claims).
Read 13 tweets
Elie Honig Profile picture
30 Nov
Prediction: New Jersey, and the other states on this case, will win this case in the Supreme Court.

Here's why (thread below):
1) The Supreme Court in 2019 already rejected the Trump administration's effort to add a question to the census about a person's citizenship. The ruling was ultimately by a 5-4 vote, with all sorts of cross-ideological alliances (and disputes) on various parts of the ruling.
2) The census entails two steps: the Secretary of Commerce reports the numbers to the President, who then reports the numbers to Congress.

The census results are vital. They determine the number of Reps for each state, and apportionment of billions in federal funding.
Read 8 tweets
Elie Honig Profile picture
19 Nov
Alright @sarahcpr -- a lot of people definitely feel your distress here. Some things to know:

1- While the Constitution gives state legislatures power on how to choose electors, every state has had a law since the 1800s requiring that electors be appointed based on popular vote.
2- State legislatures theoretically could change those laws, but not now, not retroactively for 2020 election. If they want to change the laws now for 2024, go for it (they'd need both state houses and governor's signature), and pay the consequences in their own next elections.
3- Even if this insane idea gains momentum, GOP legislators and those close to them already have said they won't go along with it in at least MI and PA
Read 7 tweets
Elie Honig Profile picture
10 Nov
This is an outrageous abuse of power by William Barr, and a dangerous extension of his ongoing effort to distort truth and DOJ policy to save Trump's hide.

Thread:
1) Barr has been trying to prop up President Trump's "massive fraud" narrative for months now, utterly without success, embarrassing himself and DOJ.

Shortly after Trump started raging about mail-in ballots, Barr started echoing the rhetoric right back.
2) Barr claimed to NPR in June there are “so many occasions for fraud there that cannot be policed. I think it would be very bad.” He also raised “the possibility of counterfeiting.” When pressed on whether he had evidence to support this claim, he responded, “No, it’s obvious.”
Read 14 tweets
Elie Honig Profile picture
6 Nov
There’s so much wrong with this. Mini-thread:

1) The Supreme Court doesn’t “step in” and do anything. They only consider actual legal disputes that go through proper procedural channels to reach them, and then only if they choose to grant certiorari (review).
2) Nor can any party simply “take a case” to the Supreme Court. Again: you need standing, a justiciable claim, proper procedure through lower federal courts or state Supreme Court and, preferably, legal support and evidence. Even then it’s up to the Court if they take the case.
3) The President has this childlike view that the Supreme Court can point at him and declare him the winner. That’s not how it works. They didn’t even do that in Bush v. Gore. They ruled on a specific procedure in a crazy-close race. Right or wrong, it was a legit legal dispute.
Read 5 tweets
Elie Honig Profile picture
23 Oct
We're 11 days out from the Election Day 2020.

11 days before the 2016 election, James Comey sent a letter to Congress about the re-opening of the Hillary Clinton email investigation. (1/4)
The nonpartisan DOJ Inspector General later found that Comey committed a "serious error of judgment" that violated "longstanding Department practice." Indeed, Comey broke DOJ's written rules and its unwritten but widely observed norms (2/4)
There’s no way to know for sure, but the analytics whizzes at @FiveThirtyEight concluded that Comey’s announcement “probably cost Clinton the election.” (3/4)

fivethirtyeight.com/features/the-c…
Read 4 tweets

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