Last fall I told BloombergLaw that future liberal wins at SCOTUS will require Justice Kagan to persuade Justices Roberts AND Kavanaugh to join her opinions. Well, in the middle of the night, she wrote an opinion blocking an execution - with both of them in dissent.
Turns out Justice Kagan is apparently better at her job than even I realized... which is saying something. Her position was supported by Justice Barrett (who expressly signed on to Kagan's opinion) and by either Justice Alito, Justice Gorsuch, or both as fifth and/or sixth votes.
You can read the opinions here. Both are short. supremecourt.gov/opinions/20pdf…
And if curious, this is the podcast I did with @Blaw's June Grasso back in October. bloomberg.com/news/audio/202…

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More from @AndrewMCrespo

7 Jan
The Cabinet owes it to the men and women in uniform to invoke the 25th Amendment. We cannot ask them to spend two weeks guessing about whether to listen to the President or the Vice President, who are now apparently giving divergent orders on matters of national security.
By law, the decision falls to the Vice President and a majority of the heads of the 15 principal Executive departments. Nine people. Serving at the highest levels of government. Each of whom swore oaths that are tested at times like this.
Read 5 tweets
6 Nov 20
In Arizona, Biden leads by 39,400.

His margin with AZ Latinos? 𝟮𝟴𝟴,𝟬𝟬𝟬
In Georgia, Biden leads by 4,163.

His margin with GA Latinos? 𝟲𝟰,𝟬𝟬𝟬
In Nevada, Biden leads by 20,137.

His margin with NV Latinos? 𝟴𝟵,𝟯𝟬𝟬
Read 5 tweets
18 Oct 20
Hour six: First successful "test page" printed over wifi.

Still can't print any actual documents. But that's fine. I was only ever planning to print the test page.
BOOYAH!!! Hour Nine. Lucky number nine.
You tried to ruin my weekend @HP. Oh how you tried.
Read 4 tweets
22 Sep 20
Some #lawprof news. @JohnMRappaport and I are writing a new casebook for Criminal Law.

Our goal is simple: to help teachers better educate students about the role law and lawyers have played in creating a penal system defined by mass incarceration and excessive police power.🧵
We come to the project motivated by a frustration, which we know many share, with course materials that center moral philosophy, statutory interpretation, and doctrinal brain teasers – but that treat mass incarceration and police power as at best secondary themes.
For the first time in history, our students are coming to law school having lived through two massive, nationwide protests (in 2014 and now 2020) about the penal system’s failings. They rightly want to understand and engage those failings. We think we owe them that understanding.
Read 14 tweets
12 Sep 20
Lindsey Graham yesterday: "If [Democrats] get the House, the Senate and the White House, then God help us all. Puerto Rico will be a state."

"God help us" that something that's happened 37 times before might happen to...PR.🤔

Pray tell, what exactly is different here, Senator?
Puerto Rico's population is larger than 20 currently existing states.
Read 6 tweets
3 Sep 20
This is a map of racial segregation in DC

A year ago, the local US Attorney adopted a new charging policy that doubled the prison time for 100s of affected defendants.

They said the policy applied citywide.

It didn't.

🚨It only ever applied in the Blackest parts of the city🚨 Image
When the U.S. Attorney announced the new policy at a press conference back in February of 2019 she said it applied to "essentially all" of the city.

There's no polite way to say this: That was a lie.

And she knew it was a lie when she said it.
How do I know this? My students and I have been fighting the policy for a year. And as the @washingtonpost now reports, the DOJ, responding to our briefs, recently admitted that they've been targeting the three Blackest precincts in the city from the start.washingtonpost.com/local/legal-is…
Read 21 tweets

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