Ah, the old “my defamation was too outlandish to be defamation“ defamation defense
The thing is, claiming someone is in cahoots with Venezuelan dictators is not “vituperative or abusive“ like calling someone a yellow-bellied scoundrel. It’s a highly specific defamatory factual claim.
Fox’s attorney, Paul Clement, all but threw Sidney Powell et al under the bus in his motion to dismiss the defamation suit against Fox.
Read more in my @TheEconomist story from last month google.com/amp/s/amp.econ…

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More from @stevenmazie

19 Mar
BREAKING: Mayor announces NYC schools will move to 3-foot policy with a new opt-in period for remote learners.
Elementary and special-education students first in the month of April.
Middle and high schools: opt-in period too, but still unresolved how many will be able to return
Read 4 tweets
15 Mar
Two weeks after our 13-y-o started feeling crummy, some guidance & reflections on quarantining with a teenager diagnosed with covid-19.
It started as a minor headache on Feb. 28, three days after her middle school re-opened. She felt worse at school the next day and skipped gymnastics in the afternoon. We got her a rapid test. It was positive.
Mobilizing to care for her while shielding big sister, little sister and my wife, got some mixed msgs. Pediatrician and our primary care doc gave different instructions. We sided with the more conservative 14 days of isolation for her and 10 days quarantine for the other gals.
Read 10 tweets
8 Mar
Last week, in a Supreme Court case that could cripple Voting Rights Act lawsuits challenging this type of racially targeted voter suppression, Justice Elena Kagan sounded a pretty effective warning to her center-right colleagues.
nytimes.com/2021/03/06/us/…
There's no chance Arizona Democrats are going to persuade a SCOTUS majority that two AZ laws that seem to impose a mildly disparate burden on minorities violate sec. 2 of the Voting Rights Act. Even the Biden administration does not argue those laws violate the VRA.
The whole enchilada is how the Court is going to construe section 2 for *future* challenges to restrictive voting laws like the transparently racist bills in Georgia. This was Kagan's concern in a series of hypos she threw at Mike Carvin, the lawyer defending the AZ laws.
Read 10 tweets
25 Feb
My students memed some amendments today. Here’s 3rd, 4th, 7th, 9th ImageImageImageImage
A few more: 16th, 23rd, 27th ImageImageImage
And...13th, 24th, 15th/19th ImageImageImage
Read 9 tweets
6 Feb
BREAKING: A splintered Supreme Court grants *partial* relief to churches in California challenging COVID public-health orders limiting prayer attendance, but requests to lift percentage capacity restrictions and permit indoor singing are denied.
This is a wild division:

- Thomas and Gorsuch would give the churches everything they want, including indoor singing.
- Alito would go nearly that far
- Kavanaugh, Barrett and Roberts would not allow singing, for now
- Kagan, Breyer and Sotomayor would not grant any relief
Kagan in the first line of her dissent decrying SCOTUS's micromanaging of states' response to the pandemic:

"Justices of this Court are not scientists."
Read 16 tweets
28 Jan
A lot of people are upset by this NYT editorial chiding Biden for signing too many executive orders.

They're right to be upset. It rests on faulty reasoning.

nytimes.com/2021/01/27/opi…
Three problems:

1. Four years from now, NYT says, another president can issue more executive orders & reverse Biden's. Sure, that's true. So should Biden sit tight with the Muslim ban, stay out of the Paris accord, etc., just bc four years from now these things may be undone?
2. NYT acknowledges that some of these EOs are necessary, as they erase Trump's "excesses." OK, you're onto something. See previous tweet.
Read 8 tweets

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