Last but not least, it’s the cursing cheerleader case where the 1st amendment has won the day. We discussed this case on #SistersInLaw when it was argued. I confess, she’s my kind of cheerleader. supremecourt.gov/opinions/20pdf…
Not last, I failed to check for the R number, assuming we’d just get 3. Sorry about that.
Justice Thomas, in his lone dissent, ponders why we can’t just do things the way we’ve always done them. (The majority obviously disagrees with this assessment of the law)
Thomas’ criticism of the majority’s opinion is that it creates an environment that puts weight on the side of free speech & requires schools to litigate if they want to discipline a student’s off campus speech. Mahanoy involves an F bomb but preserves speech on broader issues.
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1/ Judge Immergut just granted a restraining order that prevents Trump's mobilization of the Oregon National Guard in Portland.
2/ Oregon argued the administration is violating the Posse Comitatus Act by federalizing Oregon’s National Guard; the 10th Amendment (separation of powers) by infringing on Oregon’s state sovereignty & police power; the Administrative Procedure Act (“APA”). She notes there isn't widespread violence.
3/ The Judge granted a temporary restraining order over the Trump administration's argument that the Court can't second-guess the President’s determination that conditions in Portland warranted a federal military response.
1/In an undercover operation last year, Trump’s braggadocious border czar Tom Homan was recorded by the FBI accepting $50K in cash to help what he thought were businessmen, actually FBI undercovers, get government contracts in the new Trump administration. msnbc.com/msnbc/news/tom…
2/Homan, November 2024: “Trump comes back in January, I’ll be on his heels coming back, and I will run the biggest deportation force this country has ever seen. They ain’t seen shit yet. Wait until 2025.” theguardian.com/us-news/2024/n…
3/ Homan's views on criminals and accountability are unrelenting, at least when other people are involved:
“So if you're in the country illegally, you got a problem.”
“If you’re in this country illegally, you should be looking over your shoulder. joycevance.substack.com/p/condemning-c…
1/On July 21, the Washington Post ran a piece headlined, “Trump officials accused of defying 1 in 3 judges who ruled against him.” There are real reasons for the courts to be concerned about the Trump administration gearing up to actively flout the authority of the Article III branch of government.
2/Given that predicate, it should come as no surprise that judges are actively concerned. When the Judicial Conference of the United States met recently, the issue surfaced. That resulted in the Justice Department filing a complaint against District Judge James “Jeb” Boasberg.
3/The Judicial Conference is a body consisting of federal judges from across the country who work together to represent the entire judiciary. It is the national policy-making body for the federal courts. Its meetings are private. Judge Boasberg serves on it.
1/ If you read my newsletter, Civil Discourse, you know I try to cut thru the noise & offer clear, accessible analysis of the legal & political developments reshaping our democracy. I go straight to the source—pleadings, opinions & other primary materials, using my 25 years at DOJ to interpret them.
2/ My goal is to bring you facts & context you can trust & help you think critically about where we are & where we’re headed. That's what I did tonight with a preview of the immigration/deportation cases we can expect to see movement in this week. joycevance.substack.com/p/the-week-ahe…
3/ There are so many cases going on simultaneously that it's difficult to keep them straight. Tonight, in my weekly "Week Ahead" column, I focused on four of them, so you'll be ready when courts rule and parties file briefs this week, equipped with the info you need. Like W.M.M.
1/Trump's nominations of Gabbard & Gaetz are designed to provoke outrage. But they’re also a test for the Senate. A test of whether the Senate will be loyal to the Constitution or whether it will bend the knee to Donald Trump. joycevance.substack.com/p/will-the-sen…
2/Alabama Senator “Coach” Tuberville said Trump was elected by an “enormous vote” (he wasn’t) & “deserves” the team” he wants. But that’s not how it works. Tuberville, doesn’t understand how the Constitution works. Presidents must have the advice & consent of the Senate.
3/Under the Constitution, presidents must have “the Advice & Consent of the Senate,” for appointment of cabinet secretaries & other senior executive branch officials. Article II, Section 2, Clause 2 of the Constitution provides that:
1/ This morning I wrote about the GOP in Georgia trying to stop people from turning in absentee ballots in person over the weekend. But they lost --the law they used is about drop boxes & early voting, not absentee ballots. Embarassing. joycevance.substack.com/p/smells-like-…
2/Instead of taking the loss after the Judge patiently walked them through their error they turned around & refiled in federal court.
3/ Georgia's GOP Secy of State agreed it was fine to keep offices open so people could hand in their absentee ballots instead of mailing them--Georgia only counts ballots if they're received by the time the polls close. So it makes sense to turn them in. Unless you're the GOP.