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10 Mar, 5 tweets, 2 min read
BREAKING: Today 4th Circuit will hear @RealSLokhova appeal from dismissal of her lawsuit against Halper et. al. Link: Case will likely *set new standard in age of Twitter & internet, but from personal level, with Lokhova have a chance to get justice? 1/
2/ *Because the claims are state law claims presented in a federal forum, the 4th Circuit's obligation is to determine how VA's highest court would rule, so it is not technically "setting" standard. Wouldn't surprise me if panel certifies questions to state court.
3/ Life permitting, I'll be covering in depth.
4/ This will be an ongoing thread of thoughts. For those interested, this case SHOULD be front and center: law.justia.com/cases/virginia… Amazingly (or not) Halper's lawyers didn't cite it once or address.
5/ And the judge to listen to is: Judge James Wynn. He is a Bill Clinton appointee but most significantly he came from the state court system, both intermediate and Supreme Court level. This is key because issues on appeal on complex questions of state law.

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More from @ProfMJCleveland

Margot Cleveland Profile picture
11 Jan
OMgosh...I didn't realize this: Image
2/ Quite telling: Image
3/ drive.google.com/file/d/10N3_J2… Here's the complaint. Three counts.
Read 6 tweets
Margot Cleveland Profile picture
27 Dec 20
Hardworking DH getting some needed rest & love from DS.
Not far off from...
Read 4 tweets
Margot Cleveland Profile picture
20 Dec 20
B/C of DS's CF, we've always had very natural discussions on "adult" topics.That, plus he'd overhear me discussing cases w/ my judge that were not exactly kid-friendly so he's pretty "worldly." So tonight, he wanted to play AmongUs while doing his 3 breathing treatments & vest 1/
2/ This is what it looks like in general so you get a feel for it...He does 3 breathing treatments while shaking for about 45 minutes. Anyway, I "team" w/ DS during his vest in AmongUs and get a chance to see how chats go down. Tonight some players were asking/sharing
3/3 personal information & DS after saying to me how nuts those people were because of all the wack-a-doodles out there, typed in chat "Stranger Danger" and I almost died.
Read 4 tweets
Margot Cleveland Profile picture
16 Dec 20
I'm calling myself a "moderate" on election issues b/c I'm neither blinding saying "concede, it is ridiculous argument" or accepting every claim of fraud & violations of election law. What is sorely lacking is clear explanation of charge, impact, response, counter response. 1/
2/ If you listen to my chat with @CrossPolitic (which as I said to DH I think was my best interview EVER and that's had lot to do w/ great team they have), you'll see what I mean by setting up, explaining, etc.
3/ (You'll also "see" what I mean re ending shelter-in-place w/ Crystal Gayle's hair--both length and color--ha). But I want this same depth of discussion ON ALL ELECTION ISSUES. And it's lacking. And that's dangerous to our country.
Read 4 tweets
Margot Cleveland Profile picture
10 Dec 20
Ohio filed a motion for leave to file amicus taking issue with remedy Texas proposes, asserting jurisdiction is mandatory, and requesting S.Ct. address issue Texas raises re electors' clause. supremecourt.gov/DocketPDF/22/2…
Lawsplained: Ohio filed a motion asking the Supreme Court to let it file a brief as a "friend of the court," and said it's position argued would be: that the REMEDY Texas wants is not called for but that the S.Ct. needs to answer the question of what the Electors Clause 1/
2/ of the constitution means in the case of state bureaucrats or courts modifying rules set by the state legislature. Ohio also argues the Supreme Court MUST hear a case between two different states (mandatory jurisdiction), while current S.Ct. precedent is it is discretionary
Read 4 tweets
Margot Cleveland Profile picture
10 Dec 20
If you want to form your own opinion on the merits of Texas' case, here's what I recommend you do:
1) Read this: thefederalist.com/2020/11/12/pen…
2) Then read Bush v. Gore (including Rehnquist concurrence) and McPherson v. Blacker.
3) then read thefederalist.com/2020/12/09/6-t… to get the basics.
4) And finally read actual filings by Texas.
An intelligent, logical non-lawyer can follow it all (with the lawsplaining in the articles) and form own opinion.
But the law is one thing and the prudential judgments of the justices another, so here's my prediction:
Read 5 tweets

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