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Mark Joseph Stern Profile picture
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31 Mar, 4 tweets, 2 min read
Here is the Wisconsin Supreme Court’s 4–3 decision striking down Gov. Evers’ mask mandate, with all four Republican justices in the majority and all three Democrats dissenting. wpr.org/sites/default/… courtesy of @WPR
It’s 2021 and some journalists are still writing and tweeting about this decision without a link to the ruling ... you should ashamed of yourselves!!! 👿😾👎🤬💀
The first two pages of Justice Ann Walsh Bradley’s dissent are so concise and powerful. Some really strong legal writing. wpr.org/sites/default/…
Republican Justice Rebecca Grasl Bradley—who previously compared COVID restrictions to Japanese internment—writes a pseudo-originalist concurrence urging SCOTUS to revive the nondelegation doctrine, which may interest @nicholas_bagley and @jdmortenson. wpr.org/sites/default/…

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More from @mjs_DC

Mark Joseph Stern Profile picture
31 Mar
Here are the official new Pentagon policies allowing military service and enlistment by openly transgender people, effective April 30, pursuant to Biden's executive order. They are fantastic. esd.whs.mil/Portals/54/Doc…
Transgender people may enlist in the military and receive all necessary gender-related care. People currently serving in the military may come out as transgender, formally change their gender marker, and receive transition-related care. Anti-trans discrimination is prohibited.
The Pentagon's new trans-inclusive policies align with those in 20+ other countries that allow open trans military service. These countries' armed forces experienced no diminishment of unit cohesion or military readiness—nor did the U.S. military before Trump's ban took effect.
Read 4 tweets
Mark Joseph Stern Profile picture
30 Mar
Obviously today's slate of nominees is the first of many, but it's remarkable how well the Biden White House threaded the needle here, balancing demands of different progressive groups by producing an ultra-diverse list that includes public defenders and prosecutors ...
... civil rights advocates and corporate attorneys, home-state favorites and well-known superstars. There's something for everybody, and all of the progressive court groups have reason to be extremely happy today, even if they have a few quibbles. It's an extremely strong start.
So with that in mind, here is MY quibble: I'd love to see members of the plaintiffs' bar, along with advocates for workers' and consumers' rights, in the next round of nominations. This list is a bit heavy on corporate representation. The White House can fix that next time.
Read 5 tweets
Mark Joseph Stern Profile picture
26 Mar
Two Trump judges, joined by a GWB judge, rule that a college violated a professor's free speech and free exercise rights by punishing him for refusing to use a trans student's preferred pronouns. They say the policy "stifles a professor’s viewpoint on a matter of public import."
It was inevitable that Trump judges would carve a "misgendering students" exception into Garcetti. The real question is: where's the line? The logic of today's opinion would seem to imperil all manner of non-discrimination rules at public schools, not just pronoun policies.
Can a white professor who repeatedly uses the n-word in class while expressing his views that Black people are intellectually inferior be punished under the 6th Circuit logic? I'd think not—racial equality is also "a hotly contested matter of public concern"! Really, what isn't?
Read 5 tweets
Mark Joseph Stern Profile picture
25 Mar
Supreme Court opinion(s) at 10 a.m.! Who's excited?!
The first decision (there will be more) is a victory for @deepakguptalaw—and justice—in an important personal jurisdiction case, Ford Motor v. Montana. supremecourt.gov/opinions/20pdf…
Here is the breakdown. Gorsuch, Thomas, and maybe Alito want to blow up International Shoe, the lodestar of personal jurisdiction jurisprudence, though it's not clear to me that he has a viable replacement. supremecourt.gov/opinions/20pdf…
Read 11 tweets
Mark Joseph Stern Profile picture
23 Mar
Lucy is feeling a bit better but the vet says her wound is infected, swollen, and not yet improving. We are hoping the antibiotics will turn things around within the next few days.🤞
In other animal news, Bianca (as we’ve named her) survived the night and has markedly improved this morning. She’s eating and drinking and chirping to Limo and Loro (who are fascinated and confused), which we take as an encouraging sign.
Lucy, who only recently stopped whining when we paid attention to Limo and Loro, is not yet mentally prepared to process Bianca’s existence, and we’re all OK with that.
Read 4 tweets
Mark Joseph Stern Profile picture
22 Mar
The Heritage Foundation’s Zack Smith, arguing against DC statehood, says DC residents “already impact the national debate” because members of Congress see their yard signs while driving to work.
Here is Republican Rep. Jody Hice arguing against D.C. statehood because it doesn’t have a landfill, airport, or car dealership (actually, it does have a car dealership).
One of the reasons Republicans dress up their arguments against D.C. statehood in legalese is because otherwise they sound racist, partisan, or painfully stupid. slate.com/news-and-polit…
Read 5 tweets

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