These academics signed with a group, Demand Justice, that has been running the insulting billboard signs calling on Breyer to resign. theguardian.com/law/2021/jun/1… I do not recall any calling for Ginsburg to resign despite being 5 years older and suffering from serious health issues...
...I raised this issue with regard to Ginsburg in prior columns. I noted that she was taking a huge gamble with a host of 5-4 cases. jonathanturley.org/2017/04/12/the… The gamble proved to be a costly one when Ginsburg was replaced by Barrett...
...As a liberal icon, few wanted to tell the "Notorious RBG" to retire and fewer still were willing to say so publicly. Breyer is clearly a different matter. While one of the Court's most reliable liberals, he clearly does not hold the same iconic and unquestionable status as RBG
...In fairness, at least one of the signatories did raise this issue publicly while RNG was alive. It was Chemerinsky. talkingpointsmemo.com/livewire/ruth-… Such calls however were made by few academics publicly as opposed to this concerted campaign to convince Breyer to retire.
...The question is whether this campaign will have the opposite impact on Breyer who could view yielding to such a campaign is more damaging for the Court than his remaining on the Court.

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More from @JonathanTurley

9 Jun
The Inspector General has conducted an investigation over the last year and states unequivocally that there is no evidence to support the allegation that Barr or others ordered the clearing for the photo op. jonathanturley.org/2021/06/09/deb…
In a still uncorrected piece still up on the Internet, NPR declares “Peaceful Protesters Tear-Gassed To Clear Way For Trump Church Photo-Op.” The Washington Post ran an article by Philip Bump titled “Attorney General Bill Barr’s Dishonest Defense of Clearing of Lafayette Square.”
...The Post stated that "It is the job of the media to tell the truth. The truth is that Barr’s arguments about the events of last Monday collapse under scrutiny ...
Read 4 tweets
9 Jun
Just in. The Inspector General has concluded its review of the Lafayette Park protests and found that there is no evidence supporting the claim that Bill Barr ordered the clearing to allow for Trump's controversial photo op. jonathanturley.org/2021/06/03/bow…
From the report: "The evidence we obtained did not support a finding that the USPP cleared the park to allow the President to survey the damage and walk to St. John’s Church..."
..."Instead, the evidence we reviewed showed that the USPP cleared the park to allow the contractor to safely install the antiscale fencing in response to destruction of property and injury to officers occurring on May 30 and 31."
Read 4 tweets
7 Jun
We have yet another unanimous decision. This is in Sanchez v. Mayorkas supremecourt.gov/opinions/20pdf… The Court controls the release of these decisions and it seems to be sending a united and unpacked message to critics. jonathanturley.org/2021/06/01/unp…
In this case, Justice Kagan wrote for all nine justices in holding that a grant of Temporary Protected Status due to unsafe living conditions in El Salvador does not enable an unlawful immigrant to obtain lawful permanent resident status.
...As Democrats continue to insist the Court is, to use President Biden's words, "out of whack," it continues to issue unanimous and nonpartisan decisions. jonathanturley.org/2021/06/03/the…
Read 4 tweets
31 May
The University of California will be ending the use of the SAT and ACT in its admissions decisions. It is hoped the change will increase diversity, particularly after voters refused to lift a ban on affirmative action in education... jonathanturley.org/2021/05/31/wil…
...Ending standardized testing will have a notable impact on legal challenges to the use of race in college admissions. There are likely to be be few “statistical disparities” when there are no objective statistics.
...Moreover, instead of addressing the failure to educate kids in these communities, the push is to get rid of the testing itself. The deficiencies will remain — but the ability to expose them will be gone. ...
Read 4 tweets
30 May
For those interested in my testimony, here it is. I noted that "the debate has turned into a debate over the colloquial versus technical uses of the term 'tear gas,' which may not be determinative to our analysis... jonathanturley.org/2020/06/29/tur…
...The government refers to “pepper spray” as a “riot control agent.” One photo purportedly shows a clearly labeled “Skat Shell OC.”22 Oleoresin Capsicum refers to an irritant derived from pepper plants but it has the same effect of what people associate with tear gas...
...Congress should be able to confirm if the Park Police has misrepresented the devices used in the operation. However, the agencies have continued to maintain, including in communications with Congress, that no tear gas was used in the operation...
Read 4 tweets
30 May
I have never understood leagues from football to tennis requiring athletes to speak with the media. They have every incentive to do so in terms of marketability. Yet, if (like Osaka) they do not want to do so, the decision should be respected not punished. foxnews.com/sports/naomi-o…
I fail to see why the media does not adopt a policy respecting not just the right to speak with them but the right not to do so. Compelled interviews hardly reflect journalistic values, let alone free speech values.
Billy Jean King just tweeted that this is part of the game. I get why teams and leagues want athletes to speak to the press. However, Osaka's silence does not make her any less of an athlete and she may have personal issues with such exposure...
Read 4 tweets

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