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.
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.
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.
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🚨
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…