Chris “Law Dork” Geidner Profile picture
Jun 3, 2021 12 tweets 6 min read Read on X
Get ready. #SCOTUS opinions starting in less than 15 minutes.
OK, I’m ready. Let’s do this. #SCOTUS
@thewydown There is only one opinion from #SCOTUS this morning: Van Buren v. US, about the Computer Fraud and Abuse Act. Barrett has the majority 6-3 opinion, reversing the 11th Circuit and FOR the defendant in the case. Thomas, joined by Roberts and Alito, dissents.
Going to look through the decision, with this interesting new lineup, now. Here's the opinion. supremecourt.gov/opinions/20pdf…
Pre-reading speculation: The "kids" — in #SCOTUS age terms — and the liberals get the internet?
Congrats to @OrinKerr, getting that prominent, page 2 #SCOTUS citation. (And just one day into his 50s!)
This case serves as a great example of how broad federal criminal legislation often morphs and expands over time. (And duplicates existing state criminal statutes.)
The FBI apparently has enough time on its hands to spend all of this time and money to *create* criminal activity. (Which years later, so more time and money, is found by a very conservative Supreme Court to not even be criminal activity.)
[I know this isn't news to folks who know this stuff. But, we don't often get Republican-appointed judges laying it out so clearly.]
This section from Barrett's majority is stark. Her slicing-and-dicing of the dissent — which continues elsewhere — is some of her crispest writing since joining the Court.
And this part from Barrett, already referenced by others, is an important note about how much more broadly federal prosecutors and, at this point, the federal government were seeking to have criminal liability attach — beyond even the broad statute that Congress passed.
While Barrett's majority opinion is really impressive, it's also true that she was aided in writing an impressive majority by just how bad the dissent from Thomas is.

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More from @chrisgeidner

Aug 23
lmaoooooo these quotes from ag garland's announcement of the realpage antitrust lawsuit
So today, after a nearly-two-year investigation, the Justice Department, joined by eight states, has sued RealPage, a commercial real estate software company, for violating the Sherman Antitrust Act.RealPage sells landlords what it calls “revenue management” software. We allege that this software is developed, marketed, and sold to enable landlords to sidestep vigorous competition in the rental market. Competing landlords agree to submit to RealPage, on a daily basis, their most sensitive, non-public information, including rental rates, lease terms, and projected vacancies.  RealPage then c...
A large number of landlords effectively agree to outsource their pricing decisions to RealPage by using an “auto accept” setting, which effectively permits RealPage to determine the price a renter will pay.  Landlords understand what their arrangement with RealPage gets them. As one said, “I always liked this product because your algorithm uses proprietary data from other subscribers to suggest rents and terms. That’s classic price fixing.”  And RealPage understands what it’s doing, too. In advertising its service to landlords, RealPage frequently says that a “rising tide raises all ships.”...
*serious voice*

Here's the complaint: storage.courtlistener.com/recap/gov.usco…
This is such a rage-inducing complaint!
10. RealPage allows landlords to manipulate, distort, and subvert market forces. One landlord observed that RealPage’s software “can eliminate the guessing game” for landlords’ pricing decisions. Discussing a different RealPage product, another landlord said: “I always liked this product because your algorithm uses proprietary data from other subscribers to suggest rents and term. That’s classic price fixing . . . .” A third landlord explained, “Our very first goal we came out with immediately out of the gate is 4 Case 1:24-cv-00710 Document 1 Filed 08/23/24 Page 9 of 115 that we will not b...
12. At bottom, RealPage is an algorithmic intermediary that collects, combines, and exploits landlords’ competitively sensitive information. And in so doing, it enriches itself and compliant landlords at the expense of renters who pay inflated prices and honest businesses that would otherwise compete. 13. The United States and the States of North Carolina, California, Colorado, Connecticut, Minnesota, Oregon, Tennessee, and Washington, acting by and through their respective Attorneys General, bring this action pursuant to Sections 1 and 2 of the 5 Case 1:24-cv-00710 Document 1 Filed 08/23/2...
Read 7 tweets
Aug 22
BREAKING: SCOTUS, on a 5-4 vote, allows Arizona to enforce AZ law requiring "documentary proof of citizenship" to register to vote on state forms, but, over 3 noted dissents, keeps other parts of the law blocked applying that requirement to those registering w/ the federal form. THURSDAY, AUGUST 22, 2024  ORDER IN PENDING CASE  24A164 REPUBLICAN NAT. COMM., ET AL. V. MI FAMILIA VOTA, ET AL.  The application for stay presented to Justice Kagan and by her referred to the Court is granted in part and denied in part. The district court’s May 2, 2024 judgment is stayed only to the extent it enjoins enforcement of Ariz. Rev. Stat. Ann. § 16-121.01(C) pending disposition of the appeals in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if any such writ is timely sought. ... In the event certiorari is granted...
Here's the SCOTUS docket:

Here's the Arizona law at issue: supremecourt.gov/docket/docketf…
azleg.gov/ars/16/00121-0…
Barrett joined w/ the 3 Dem appointees in voting to keep all 3 provisions of the law at issue blocked.

Thomas, Alito, & Gorsush would have allowed all 3 to go into effect.

B/c of that, we know Roberts & Kavanaugh joined CT/SA/NG to let the AZ form provision go into effect.
Read 7 tweets
Aug 9
BREAKING: The Eighth Circuit blocks the Biden administration from implementing the SAVE student loan forgiveness program. The court previously issued an administrative stay blocking the program. media.ca8.uscourts.gov/opndir/24/08/2…
The Government is, for any borrower whose loans are governed in whole or in part by the terms of the Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program, 88 Fed. Reg. 43820, enjoined from any further forgiveness of principal or interest, from not charging borrowers accrued interest, and from further implementing SAVE’s payment-threshold provisions. This injunction will remain in effect until further order of this court or the Supreme Court of the United States. The administrative stay is hereby superseded.
This three-judge panel was all Republican appointees (but that's not really a surprise, given the fact that there's only one Democrat on the Eighth Circuit).
I will have more on this, a complicated set of cases in which one is already pending on the SCOTUS shadow docket and that has very real, day-by-day effects on people while this remains in litigation.

Subscribe to Law Dork: lawdork.com
Read 4 tweets
Jul 18
BREAKING: The full Fifth Circuit, on a 13-6 vote, upholds Mississippi’s lifetime ban on voting by those convicted of any of a number of felonies. A prior three-judge panel had held that the ban violates the 8th Amendment. The full court rejected that. storage.courtlistener.com/recap/gov.usco…
IV. Holding Art. XII, Section 241 of the Mississippi Constitution categorically unconstitutional, even as to a limited set of offenders, is at odds with the Supreme Court's and other courts' decisions, would thwart the ability of the State's legislature and citizens to determine their voting qualifications, and would require federal courts overtly to make legislative choices that, in our federal system, belong at the State level. The district court's judgment denying relief to the Plaintiffs is AFFIRMED.
Judge Edith Jones, a Reagan appointee, writes the court’s opinion upholding Section 241 of the Mississippi Constitution. Here is that provision, which lists the convictions subject to lifetime disenfranchisement. Section 241 of the Mississippi Constitution: Every inhabitant of this state, except idiots and insane persons, who is a citizen of the United States of America, eighteen (18) years old and upward, who has been a resident of this state for one (1) year, and for one (1) year in the county in which he offers to vote, and for six (6) months in the election precinct or in the incorporated city or town in which he offers to vote, and who is duly registered as ovided in this article, and who has never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false prete...
Judge James Dennis, a Clinton appointee, wrote for the six dissenters. Denying released offenders the right to vote takes away their full dignity as citizens, separates them from the rest of their community, and reduces them to "other" status. I respectfully dissent.
Read 4 tweets
Jun 20
It's a two-box day at SCOTUS, meaning we're expecting three or four opinions (or two very long opinions). Decisions starting at 10a.
First up, Moore v. US. Kavanaugh has the opinion affirming the Ninth Circuit. The Moores lose. The Mandatory Repatriation Tax is constitutional.

It is 5-2 (concur in judgment)-2 (dissent).

Alito did not recuse.

supremecourt.gov/opinions/23pdf…
Kavanaugh is joined by the Chief and the liberals to craft the majority.

Barrett, with Alito, concur in judgment, highlighting that this is a closely held foreign corporation at issue.

Thomas, with Gorsuch, dissent, saying the tax should be found to be unconstitutional.
Read 8 tweets
Apr 16
Breaking: Booksellers' challenge to Texas's book-ban regime succeeds at the Fifth Circuit.

Today, the full Fifth Circuit announced that the far-right judges of the court LOST a vote for rehearing en banc 8-9 after a 3-judge panel had previously upheld the dist ct's injunction. PUBLISHED ORDER Before Wiener, Willett, and Douglas, Circuit Judges. Per Curiam: The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified United States Court of Appeals Fifth Circuit FILED April 16, 2024 Lyle W. Cayce Clerk No. 23-50668 2 not having voted in favor (Fed. R. App. P. 35 and 5th Cir. R. 35), on the Court’s own motion, rehearing en banc is DENIED. In the en banc poll, eight judges voted in favor of rehearing (Chief Judge Richman and Judges Jones, Smith, Elrod, Ho, Duncan, Engelhardt, an...
Surprising no one, Ho wrote to express his dissent. storage.courtlistener.com/recap/gov.usco…
Here's the panel's decision, which was unanimous and by Willett: storage.courtlistener.com/recap/gov.usco…
Read 4 tweets

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