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

1 Jun
#SCOTUS grants one new case today, a copyright case: Unicolors, Inc. v. H&M Hennes & Mauritz (20-915).
Here is the full #SCOTUS orders list: supremecourt.gov/orders/courtor…
One or more opinions in argued cases coming at 10a ET.
Read 9 tweets
1 Jun
Anyway, as I amusingly like to note, we go from Mental Health Awareness Month to LGBTQ Pride Month tonight, two months that are specifically about ME! I’m bipolar, have added in some delightful anxiety during the pandemic, and am very gay and queer. So, let’s celebrate all that!
Seriously though, especially as we come out of this past year, people are dealing with lots of mental health issues — including old ones in new ways. We really need to do our best to be gentle. It’s tough. I fail often. But we can all benefit from gentleness right now.
I had to change my meds during the pandemic, I had bad stomach issues, I had a period where I started having panic attacks. I had to be vulnerable in new ways to get the help that I needed. Now, coming out the other side, I’m sure there will be more I’m going to need.
Read 9 tweets
1 Jun
Maybe the fact that Bo Burnham could find a way to make me cry repeatedly during his fantastic special about what we’ve been through these past 18 months isn’t the most surprising thing, but it wouldn’t have been my first call when watching his YouTube videos back in the day.
Also: Can we talk about this perfect song?
It’s amazing to think back to his initial videos: It was clear this precise sort of talent was there—bc @boburnham was already displaying it in high school! To push that forward 15 years, add in nurturing of his talent and lots of growth, and this is what we got. It’s incredible.
Read 4 tweets
24 May
#SCOTUS grants no new cases this morning. Here is the full orders list: supremecourt.gov/orders/courtor…
In Johnson v. Precythe, the Supreme Court allows an execution method decision — Missouri, pentobarbital — to stand that Johnson has "plausibly pleaded," the dissenters say, will be torturous for him. He sought to be executed by a firing squad instead. SCOTUS won't hear the case.
The conclusion from Sotomayor's dissent, in which Breyer and Kagan join:
Read 9 tweets
19 May
Krasner is winning 2-to-1 in the first batches of both mail & in-person ballots. Obviously not enough to tell us much, but it is an initial sign that early & day-of voting mightn’t be as divergent in this race as in the presidential.
If this stands, we’re also headed to a blowout — and yet another sign that a lot of folks at the national level (writing end-times stories) really don’t have a good handle on how much thinking is changing around public safety and criminal justice on the ground across the country.
I mentioned this last weekend, fwiw, when the Inquirer endorsed Krasner. —>
Read 7 tweets

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