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Steven Mazie Profile picture
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12 Apr, 4 tweets, 1 min read
Gist of this excellent thread: five justices have built a house of cards to ground a revolutionary reading of religious liberty
And they have done so on the emergency docket with limited briefing, no oral argument and a rushed, sloppy ruling.
I would not be surprised if Roberts agrees in principle (and we will learn that soon when the Fulton decision arrives) but cannot fathom the impropriety and absence of judicial craft in this radical shift of First Amendment jurisprudence.
https://t.co/cfTEEZu01Z

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More from @stevenmazie

Steven Mazie Profile picture
13 Apr
💥 Major abortion decision today @ 6th circuit: 9–7 majority permits Ohio to bar doctors from providing abortions to women who want to end their pregnancies because the fetus has Down Syndrome.

Prohibition applies before viability, undercutting the abortion right in Roe/Casey.
Here are all the opinions opn.ca6.uscourts.gov/opinions.pdf/2…
Much of the highly contentious discussion in the concurrences and dissents concerns how to think about women aborting fetuses with Down Syndrome. The majority calls them modern-day eugenicists while dissenters deplore this characterization. Here's Judge Karen Moore: Image
Read 8 tweets
Steven Mazie Profile picture
10 Apr
BREAKING: Court votes 5-4 to grant the religious plaintiffs’ request. Chief Justice Roberts notes his dissent. Justice Kagan writes a dissent joined by Justices Breyer and Sotomayor
The per curiam
The dissent
Read 9 tweets
Steven Mazie Profile picture
7 Apr
Five quick takeaways from Justice Breyer's lecture, "The Authority of the Court and the Peril of Politics", delivered yesterday at Harvard Law School.
1. SCOTUS expansion, he says, would damage the Court's legitimacy by heightening the sense that it is a political football.

A sign Breyer may announce soon that he's stepping down. He doesn't want to appear to be timing his retirement for political purposes & this deflects that.
2. Among the reasons Breyer cites for why the Court isn't "conservative"? The fact that it "did uphold the constitutionality of Obamacare."

A sign that the pending constitutional challenge to the ACA in California v. Texas is about to fail, too.
Read 6 tweets
Steven Mazie Profile picture
5 Apr
BREAKING at SCOTUS: Google wins copyright battle with Oracle
Vote is 6-2, written by Justice Breyer. Justices Alito and Thomas dissent. supremecourt.gov/opinions/20pdf…
Gist of ruling: Google's copying of some Oracle code to develop the operating system for its Android devices is "fair use".
Read 6 tweets
Steven Mazie Profile picture
4 Apr
Some are arguing Georgia’s voting law is perfectly fine because other states have less early voting or similar rules. But Sec 2 of the VRA is about the specific circumstances in each state.
There’s no plausible way to describe George’s law other than a Republican attempt to chip away at voting opportunities for the constituencies that flipped the state blue in 2020 and 2021.
Whether that attempt will succeed in depressing the minority vote is an open question. But bad intent is enough to establish a section 2 VRA violation.
Read 5 tweets
Steven Mazie Profile picture
30 Mar
A trio of lawsuits against Georgia’s new voting restrictions are well founded—but face an uphill battle. My ⁦@TheEconomist⁩ analysis economist.com/united-states/…
There are three main headwinds:
1. a kneecapped Voting Rights Act w/ a vestigial Section 5 as a result of the Shelby County decision in 2013
2. Uncertainty over the meaning of section 2 of the Voting Rights Act, the remaining teeth in the law which could be knocked out or filed down by a pending case that SCOTUS is set to decide in the coming months.
Read 5 tweets

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