1/ Will Justice Breyer retire from the Supreme Court sometime soon?

His law clerk hiring says, to quote the Magic 8 ball: "Most likely."

bit.ly/3t4GXqt #SCOTUS #appellatetwitter
2/ In this lengthy post for Original Jurisdiction, I take a deep dive into the clerk hiring patterns of the past four #SCOTUS justices to retire, as well Justice Breyer's own past practice, and conclude that there's an 80-20 percent chance he'll retire soon.
4/ UPDATE: Working on confirming a third possible Breyer hire, please stand by.... #SCOTUS #appellatetwitter
5/ Hired by Justice Breyer for OT 2021: Erika Hoglund (@StanfordLaw 2019 / Thomas / Chhabria (N.D. Cal.)).

Erika was hired within the past few weeks, and she was his fourth and final hire for OT 2021.

#scotus #appellatetwitter
6/ Upon information and belief, the “missing” Breyer hire is a woman who graduated from @YaleLawSch.

If you have her info, please email me: davidlat@substack.com.

#SCOTUS #appellatetwitter
7/ This completely changes my analysis, especially since Erika was hired within the last month.

A Breyer retirement? Magic 8 ball now says, “Don’t count on it.”

#SCOTUS #appellatetwitter
8/ My new bottom line: 70-30 chance that Breyer stays at #SCOTUS for at least another Term. #appellatetwitter

Sorry, @WeDemandJustice.....
9/ For its part, the @WhiteHouse says that it isn't putting any pressure on Justice Breyer to retire. More here from @ben___leonard for @Politico (quoting @jrpsaki).

politi.co/3t8e1y4 #SCOTUS #appellatetwitter #politics

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More from @DavidLat

8 Apr
1/ High-profile Yale Law professor Amy Chua, aka the "Tiger Mother," has been stripped of certain teaching duties after allegations of misconduct (which she forcefully denies).

My story for Original Jurisdiction:

bit.ly/3mthy7C @AmyChua @YaleLawSch
2/ In an open letter (linked to in my story), Professor Chua raises issues of due process and possible breaches of confidentiality by @YaleLawSch.

See also this tweet by @AmyChua herself (part of a longer thread):

3/ Some of her allies claim that @AmyChua is being "canceled" for holding unpopular positions (e.g., having supported Brett Kavanaugh).

Here's lawyer turned journalist @MegynKelly:

Read 4 tweets
8 Apr
1/ Two clerks isn’t that many, and if he were to retire, Justice Breyer could keep one clerk as a retired justice and defer the other to the following Term. #SCOTUS #appellatetwitter
2/ Retired justices get one clerk, to help them if they sit on circuit courts, write books, etc. Clerks to retired justices also get farmed out to active justices to work on #SCOTUS cases. #appellatetwitter
3/ But if Justice Breyer has hired more than two clerks for the future, which is what I’m now trying to find out — well, that might be more revealing (or might not; Justice Kennedy hired a full class of clerks and retired anyway). #scotus #appellatetwitter
Read 4 tweets
17 Mar
1/ A year ago today is when I was admitted to @nyulangone because I couldn’t breathe, thanks to what turned out to be #COVID19 (but we didn’t know that at the time; it was early in the #CoronavirusPandemic, and I hadn’t been tested yet).

#COVID #Covid_19
2/ I didn’t want to go to the hospital, even though I was having a hard time breathing and my mom and husband were telling me to go. I finally went when my husband said that if I didn’t go, he’d call me an ambulance.

#COVID19 #COVID #Covid_19
3/ I was so weak, it took me forever just to leave the apartment. I went from my bed to the dining table, from the dining table to the living room couch, from the living room couch to the door (and our apartment is not that big).

#COVID19 #COVID #Covid_19
Read 16 tweets
4 Mar
1/ A year after #COVID19, I still have greatly reduced cardiovascular endurance, even though I’ve been back to exercise for months. Jogging a short distance at a slow pace sends my heart rate over 170, which never used to happen. #LongCovid #longhaulers
2/ So my internist referred me to a cardiologist, and I had my visit with her yesterday; here’s a write-up of that visit. #COVID #COVID19 #LongCovid #cardio #cardiology #longhaulers
3/ The good news is that my resting heart rate (83) was normal, and my EKG (see below) showed nothing unusual. #COVID #covid19 #LongCovid #longhaulers
Read 22 tweets
1 Mar
1/ A year ago this month, I was hospitalized with #covid19 at @nyulangone for 17 days, including 6 on a ventilator.

Today I returned to give blood for a research study I’m participating in, run out of the #Vaccine Center.

#COVID19Vaccine #Covid
2/ I was enrolled in the study back when I was hospitalized at @nyulangone. This view from the waiting room today is pretty much the same view I had from my hospital bed.

#coronavirus #covid be #Covid_19 #COVIDー19 #COVID19Vaccine #COVID19Vaccination
3/ This was my fifth blood draw for the research study. They didn’t ask for much blood today, maybe half the normal amount.

#covid #covid19 #COVID19Vaccine #COVID19Vaccination #vaccine
Read 16 tweets
19 Jan
1/ The Capitol attack has led to a lot of soul-searching on the right -- including some behind-the-scenes drama and deliberation at the Federalist Society. Here's my take on how @FedSoc should respond to the events of January 6.

bit.ly/3pbDiFL
3/ Thanks to @chrislhayes for this kind mention of my Original Jurisdiction post about @FedSoc on @allinwithchris tonight, which he used as the jumping-off point for interviewing @GTConway3d about where conservatives go from here.

on.msnbc.com/3sFnRHH
Read 16 tweets

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