More from @stevenmazie

Steven Mazie

@stevenmazie

14 Jan

A case study in Chief Justice John Roberts's strategy for navigating politically fraught cases in the Trump era is about to come to a close not with a bang but—as Roberts apparently planned all along—with a whimper.

A thread on Trump v. Vance.

This case asked whether Cy Vance, the Manhattan DA, could subpoena Trump's accountant for 8 years of his tax and other financial records as part of an investigation into possible financial crimes.

Trump lost bids in lower courts to invalidate the subpoena and turned to SCOTUS.

In July, SCOTUS issued a 7-2 loss for Trump, saying that sitting presidents have no absolute immunity from criminal process. economist.com/united-states/…

Read 10 tweets

Steven Mazie

@stevenmazie

11 Dec 20

On the cusp of its historic election ruling, CJ Roberts is staring down a bizarro SCOTUS legitimacy crisis. (1/4)

The left is the side that’s been increasingly doubting the court’s legitimacy, but if/when the TX case gets dismissed, the right—80% of whom think Biden somehow stole the election—may be irate. (2/4)

This makes it imperative for Roberts to forge a unanimous consensus for whatever tack the court takes. (3/4)

Read 4 tweets

Steven Mazie

@stevenmazie

10 Dec 20

There are three emergency religious challenges to COVID public-health orders pending at SCOTUS: out of New Jersey, Kentucky and Colorado. A few thoughts on where they may be going.

Remember: Court sided with religious challengers in the New York cases on eve of Thanksgiving (lifting 10-person attendance restrictions at houses of worship in red zones) & on that basis sent California challenge to ban on indoor worship back to the lower court for another look.

Colorado was just filed, but briefing is complete in the NJ and KY cases and orders could come at any time.

Interesting that NJ hasn't come down yet, as reply brief was filed 5 days ago. SCOTUS acted on the CA request less than two days after briefing was complete.

Read 8 tweets

Steven Mazie

@stevenmazie

9 Dec 20

NEW at SCOTUS: Donald Trump has filed a brief intervening in Texas v. Pennsylvania, the lawsuit urging SCOTUS to scrap election results in Pennsylvania, Wisconsin, Michigan and Georgia

supremecourt.gov/DocketPDF/22/2…

On the opening page, Trump says it is "no surprise" that "nearly half of the country believes the election was stolen" — since he won Florida and Ohio.