Note that this case only exists bc people got mad when SCOTUS OK’d execution of a Muslim without an imam by his side in a state that only provided Christian pastors so SCOTUS stopped a state with similar rules from executing a Buddhist, and so those states just barred all clergy
Note also how death penalty cases like these have (largely) inverted the typical liberal-conservative religious liberty positions. I’d argue here that the liberals’ position is more consistent because this issue falls squarely within RLUIPA’s protections...
While the liberals tend to get off the bus when religious liberty claimants seek to broaden the previously-understood scopes of RFRA/RLUIPA and, when those statutes don’t apply, the First Amendment’s Smith test.
Note, also, that Kavanaugh/Roberts (and probably Thomas, but who knows with either/both Alito/Gorsuch) appear to be importing the Smith test, which they want to reverse, into RLUIPA by accepting Alabama’s RATHER THAN ACCOMMODATE NONCHRISTIANS NO PASTOR FOR YOU OR ANYONE rule
For now though this case seems a strong data point that Barrett takes seriously both her broad commitment to the conservative religious liberty project and the separation of her personal faith’s tenets from the conservative legal position on the death penalty
But what about abortion, you say? Well, assuming she’s a vote to cut away at Casey if not reverse Roe, then
This shadow docket ruling suggests that Barrett, who has consistently voted against blocking executions as a matter of law, prioritizes the conservative religious liberty project above the right's post-Kennedy push to speed up the machinery of death

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More from @MikeSacksEsq

13 Feb
Seems to me if nothing’s gonna get you the votes to convict, might as well get it over with and have Committees call witnesses as part of 1/6 investigation so Senate can pass COVID relief on schedule, then quickly get GOP to block voting rights bill to prompt filibuster nuke.
The trial was about seeing the impeachment process through to its finish. The evidence already presented was overwhelming. Most Republicans had already committed to “doesn’t matter, trial’s unconstitutional” as failsafe escape. Witnesses wouldn’t change that.
If the point is accountability, committee hearings can do that. Especially if they’re to factfind for the purposes of, say, a 14th Amendment Section 3 resolution against Trump, which would only require a majority vote: Image
Read 5 tweets
10 Feb
Ambitious Senators' greatest refuge is also their worst fear: no one will ever remember them or what they do unless they become President.
And should they become President, no one will ever remember what they said or did as Senators.
All's to say: how any Senator votes on this impeachment trial won't haunt their historical record because, well, history will forget them. Instead, they will vote based on present political considerations and/or personal sense of right and wrong.
Read 4 tweets
7 Jan
Yeah, but it’s been a constant presence there one way or another since, say, 1877
This , for instance, only just came down
And down in the crypt the President of the Confederacy still stands
Read 6 tweets
6 Jan
The Grim Reaper coming now for Trump
"The voters, the courts, and the states have all spoken. They've all spoken. If we overrule them, it would damage our Republic forever."
McConnell: "The election actually was not unusually close. Just in recent history, 1976, 2000, and 2004 were all closer than this one. The electoral college margin is almost identical to what it was in 2016."
Read 13 tweets
6 Jan
Trump on his SCOTUS noms: "They rule against me so much. You know why? Because the story is I haven't spoken to any of them since virtually they got in. But the story is they're my puppet...they hate that it's not good on the social circuit..."
I worry there’s some misinterpretation of the trimmed-for-clarity-and-280-characters quote I tweeted above. So here’s the full one...
Read 5 tweets
6 Jan
This move also opens up a DC Circuit seat to elevate Judge Ketanji Brown Jackson so to better position her for Breyer’s seat
I also wouldn’t be surprised if Biden nominates SCOCA Justice Leondra Kruger for SG to better position her for Breyer’s seat, too. It’s what Obama did with Elena Kagan and LBJ with Thurgood Marshall.
KBJ and Kruger have been the clear frontrunners for Biden's big campaign promise
Read 4 tweets

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