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Mark Joseph Stern Profile picture
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23 Dec, 4 tweets, 3 min read
Bonnie, my parents’ perfect hound, goes to a doggie daycare that sends out daily “pupdates” and they are consistently the highlight of my day
Should I share Bonnie’s pupdate pictures semi-regularly on twitter??
Sadly because of the pandemic I have not yet met Bonnie in person but I feel like I know her already because she’s a family celebrity
Lucy will be delighted to know that at least a few of you are looking out for her interests. This morning she ignored me until I started playing with the birds at which point she suddenly appeared demanding a walk. The envy is real.

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More from @mjs_DC

Mark Joseph Stern Profile picture
22 Dec
I do not respond to trolls as a rule, but this exchange has inspired a significant number of trolls to harass me, so I am going to respond here.

“Illegal alien” is not the correct legal term for DACA beneficiaries. It does not appear in the statutes upon which DACA is based.
I will walk through the various statutes that the government cited to justify DACA; briefly explain how each statute bears on DACA; and provide a link to the text so that you, too, can see that the U.S. Code does not make "illegal alien" the proper term for DACA beneficiaries.
I will pause here to note that immigrants and their allies have long opposed the use of "illegal alien" when referring to DACA beneficiaries *for this reason.* I am not breaking any new ground, and I am surprised to learn that anyone familiar with DACA would make this error.
Read 16 tweets
Mark Joseph Stern Profile picture
18 Dec
Good morning! At 10 a.m., the Supreme Court will issue opinion(s). SCOTUS scheduled this opinion day rather abruptly just yesterday. We have good reason to suspect it will do *something* in the census case given the tight timeline, but we'll find out soon enough.
Yesterday, SCOTUS declined to block a Kentucky order closing religious schools due to COVID—but only because the order is about to expire. There's no constitutional infirmity since Kentucky closed public schools, too, but Alito and Gorsuch were still mad.
BREAKING: By a 6–3 vote, the Supreme Court rules that the challenge to Trump's executive order excluding undocumented immigrants from the census count for congressional apportionment is premature, dismissing the case. All three liberals dissent. supremecourt.gov/opinions/20pdf…
Read 7 tweets
Mark Joseph Stern Profile picture
16 Dec
It has become a talking point on the right that Republicans are no longer asking the U.S. Supreme Court to nullify Pennsylvania ballots. That is false. Republicans told SCOTUS it *can* resolve this case without nullifying ballots, but would still prefer to have them nullified. 1/
Republicans face a problem in this case: Throwing out late-arriving ballots won't change the outcome of the election, so Pennsylvania says the dispute is moot.

Republicans' latest brief seeks to avoid this problem by presenting two distinct theories. 2/
Theory #1: Republicans say that the Supreme Court can still provide relief by nullifying late-arriving ballots, even though its actions won't change the outcome of the Pennsylvania election, because counting those ballots still illegally dilutes lawful votes. 3/
Read 9 tweets
Mark Joseph Stern Profile picture
14 Dec
Good morning! The Supreme Court will issue orders at 9:30 and opinions at 10. This is the last orders + opinions day of the year.
Big news: The Supreme Court has declined to hear Box v. Henderson, turning away Indiana's request to roll back equal rights for same-sex parents. No noted dissents.

Background: slate.com/news-and-polit…
SCOTUS also issued a terrible AEDPA decision denying a writ of habeas corpus for an ineffective-assistance-of counsel claim to a death row inmate. It's a per curiam summary reversal. All three liberals dissent. supremecourt.gov/orders/courtor… (scroll down)
Read 9 tweets
Mark Joseph Stern Profile picture
10 Dec
I would like to engage with this line of argument without any shade to Nate. I want to zero in on three pre-election cases in PA, NC, and MN.

Start with PA: Four Supreme Court justices made it quite clear that they wanted to throw out thousands of legal ballots in this state.
Kavanaugh, Gorsuch, Alito, and Thomas tried to block a Pennsylvania Supreme Court decision on the basis of a truly radical constitutional theory. SCOPA extended the mail ballot deadline by three days; all four justices thought that was unconstitutional. slate.com/news-and-polit…
SCOTUS' conservatives spent the entire election season instructing federal courts not to intervene in state election processes. Then the PA Supreme Court ordered a modest expansion of voting rights, and four conservative justices tried to shut it down. Appalling hypocrisy.
Read 21 tweets
Mark Joseph Stern Profile picture
10 Dec
Good morning! The Supreme Court will issue opinions at 10 a.m. today.
The first decision is a unanimous ERISA pre-emption case (please don't make me describe the holding). Authored by Sotomayor, so we could get more decisions from any justice senior to her. Remember, opinions at released at 10 minute intervals these days. supremecourt.gov/opinions/20pdf…
For those asking, we are not going to get any action on the deranged Texas lawsuit this morning. The defendant states will not reply until later today.
Read 14 tweets

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