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Mark Joseph Stern Profile picture
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19 Jan, 4 tweets, 3 min read
Anybody want to defend Trump Judge Justin Walker beginning this opinion with a lecture on political "factions" that includes almost an entire page of footnotes? bloomberglaw.com/public/desktop…
Background on Walker, arguably the worst (and most obnoxious) writer of Trump's judicial nominees: slate.com/news-and-polit…
There's a lot of other crazy shit in here too but for the sake of my own mental health I will simply refer you to @MaxKennerly.
OK one more thing: There's an entire section about legislative history.🤔

And why. Does Walker. Write. Like this. It adds. Nothing. Except. A false sense. Of gravitas.
bloomberglaw.com/public/desktop…

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More from @mjs_DC

Mark Joseph Stern Profile picture
21 Jan
This piece by @BrandonMagner does a terrific job explaining why Biden fired Peter Robb, the NLRB GC. Robb took unprecedented steps to sabotage the agency, slash its staff, obliterate pro-union precedent, bust its own union, and grind its gears to a halt. brandonmagner.substack.com/p/should-biden…
I’m not sure it’s really registering how big a deal it is that Biden fired Robb. Progressives were worried Biden would let Robb finish out his term. And Robb refused to resign at Biden’s request! But Biden sacked him anyway. Labor leaders are hailing it as a massive victory.
If progressives were looking for a big, unmistakable sign that Biden would pursue an aggressively pro-labor agenda, they got it on Day One with the firing of Peter Robb. slate.com/news-and-polit…
Read 5 tweets
Mark Joseph Stern Profile picture
19 Jan
Stellar reporting from @DavidLat on three members of the Federalist Society who urged leadership to condemn the insurrectionists in its ranks (namely Eastman, Hawley, and Cruz).

FedSoc has not condemned this insurrectionists, and I don't think it will. davidlat.substack.com/p/the-federali…
Lat's piece has a lot of interesting analysis, and you should read it.

I'll add one thing: I suspect Federalist Society leadership is worried about where to draw the line. Eastman, Hawley, and Cruz are a symptom of a disease that has infected the conservative legal movement.
Eastman, Hawley, and Cruz weren't the only FedSoc members who sought to overturn the election. 18 state attorneys general joined them; most are affiliated with FedSoc. They are the next generation of FedSoc leadership. And they abetted a failed coup. slate.com/news-and-polit…
Read 6 tweets
Mark Joseph Stern Profile picture
14 Jan
Good morning! The Supreme Court will issue opinion(s) at 10 a.m. We don't know what we're going to get, but odds are good it won't be a blockbuster. (Those typically come down later in the term.)
Just one opinion today in Chicago v. Fulton, a bankruptcy case (not to be confused with Fulton v. Philadelphia, about the foster care agency that discriminates against same-sex couples). 8–0, opinion by Alito. supremecourt.gov/opinions/20pdf…
Boring case (to me) but I am impressed by the clarity and concision of Alito's introductory paragraph (especially given the dry, thorny topic). supremecourt.gov/opinions/20pdf…
Read 5 tweets
Mark Joseph Stern Profile picture
13 Jan
50 attorneys general signed a letter condemning last week's "lawless violence" at the Capitol.

Texas' Ken Paxton, who led the effort to overturn the election at the Supreme Court, is not among them. oag.dc.gov/sites/default/…
The Republican attorneys general of Louisiana (Jeff Landry), Montana (Austin Knudsen), Indiana (Todd Rokita) did not sign, either. They're the holdouts, plus Paxton.

The attorneys general of D.C. Guam, the Northern Mariana Islands, and the USVI signed, which is how we get to 50.
Deleted an earlier tweet that had missed the U.S. Virgin Islands AG, thank you as always for checking my work.
Read 4 tweets
Mark Joseph Stern Profile picture
13 Jan
John Eastman, chairman of the Federalist Society's Federalism & Separation of Powers practice group, advised Pence he could overturn the election.

Lots of other groups distancing themselves from members who fomented the insurrection, but it’s crickets from FedSoc so far.
^from this nightmarish piece nytimes.com/2021/01/12/us/…
After personally lobbying Pence, John Eastman spoke at the incitement rally designed to pressure him into overturning the election, which led to rioters chanting “hang Mike Pence” as they violently seized the Capitol.

No comment from @FedSoc.
Read 5 tweets
Mark Joseph Stern Profile picture
13 Jan
NEW: Supreme Court lifts the stay on Lisa Montgomery’s execution, allowing the government to kill her. Appears to be a 6–3 vote with all three liberals dissenting. supremecourt.gov/orders/courtor…
Apologies: There is still a stay of execution from the 8th Circuit, though the Supreme Court is now all but certain to lift it.
NEW: Supreme Court lifts the remaining stay of execution for Lisa Montgomery, and also denies her request for another stay by a 6–3 vote. Montgomery’s execution may now be imminent.
Read 4 tweets

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