The Supreme Court once again takes no action on Dobbs, the challenge to Mississippi's 15-week abortion ban, or the pending gun cases. It takes up one habeas case, Brown v. Davenport. Orders: supremecourt.gov/orders/courtor…
🚨Clarence Thomas suggests that social media companies may NOT have a First Amendment right to regulate speech on their platforms, analogizing them to "common carriers" and "places of public accommodation." supremecourt.gov/orders/courtor…
In other words, Clarence Thomas is inviting Congress to ban social media companies from engaging in content moderation by stripping them of their own First Amendment rights and transforming them, for legal purposes, into common carriers or public accommodations.
You know the conservatives who have been arguing—unsuccessfully so far—that social media companies are so powerful that Congress can essentially override their own First Amendment rights and force them to host certain speech on their platforms? Thomas just endorsed that argument.
!!! Thomas cites arguments that Section 230, which provides immunity to platforms for third-party content, *violates the First Amendment.* supremecourt.gov/orders/courtor…
Legal scholars often talk about how fringe constitutional arguments go from "off the wall" to "on the wall." Clarence Thomas just took a huge step toward moving arguments against social media companies' right to engage in content modification "on the wall"—into the mainstream.
I am confident that Clarence Thomas' rallying cry for legislation overriding social media companies' First Amendment rights and forcing them to host speech is *entirely* about right-wing fears that Twitter, Facebook, etc. are censoring conservative speech. supremecourt.gov/orders/courtor…
In other news, Gorsuch, joined by Alito, wants to expand employers' obligation to grant religious accommodations to workers under Title VII. Kavanaugh and Thomas have suggested they support this move, as well. supremecourt.gov/orders/courtor…
Back to Thomas: His position appears to be that corporations have a First Amendment right to spend an unlimited amount of money influencing elections—free of disclosure requirements—but no First Amendment right to disassociate with speech they do not like. Extraordinary.
What a SCOTUS morning, and it's not even 10 am! I'm starting a separate thread for impending opinion(s) because this one got too damn long!

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More from @mjs_DC

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
31 Mar
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/…
Read 4 tweets
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
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
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
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

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