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Joyce Alene Profile picture
@JoyceWhiteVance
Jun 23, 2021 • 4 tweets • 2 min read • Read on X
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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More from @JoyceWhiteVance

Joyce Alene Profile picture
Nov 14
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…Image
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: Image
Read 8 tweets
Joyce Alene Profile picture
Nov 4
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-…Image
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. Image
Read 5 tweets
Joyce Alene Profile picture
Oct 18
1/When Trump asked Judge Chutkan to delay the release of the appendix to the Special Counsel's immunity filing, he claimed it was necessary because Jack Smith is "cherry-picking" the evidence. It sounds like there's something Trump doesn't want made public. But today it will be.
2/Trump called that election interference. Judge Chutkan rejected that argument: "If the court withheld information that the public otherwise had a right to access...that withholding could itself constitute—or appear to be—election interference." Image
3/In criminal cases, the Judge explained, "There is an 'important presumption' that the public should have access to 'all facets of criminal proceedings' under the 1st Amendment. Trump failed to convince her that presumption shouldn't apply here. He just wanted special treatment.
Read 5 tweets
Joyce Alene Profile picture
Oct 16
1/ Yesterday was an important day in election litigation. Let's catch up: First, in Adams v. Fulton County Judge McBurney held: “some things an election superintendent must do...with no discretion to do otherwise. Certification is one of those things.” This is a big deal.
2/ Why? Because one of the fears in the wake of strengthening the Electoral College Act to make another 1–6 less possible is that those efforts will happen at the state & county level where MAGA officials could refuse to certify. If that happens, the solution is going to court.
3/And now there's a Georgia opinion that says, at least in that state, courts should order those officials to perform the purely ministerial duty of certifying the vote. Yes, there will be an appeal, but this is a big victory for people who believe our votes should count.
Read 11 tweets
Joyce Alene Profile picture
Oct 14
1/There is more to this election than the most recent poll: Last week the FBI arrested an ISIS linked terrorist as he bought weapons & ammo from someone he didn't know was with law enforcement to carry out a violent election day attack. But this story has barely been covered.
2/The threat from white supremacist groups also has not disappeared. DOJ has taken extraordinary steps to coordinate with state & local law enforcement to minimize the threat. But you may not have heard a lot about the election threat task force, either. justice.gov/voting/electio…
3/Meanwhile, Trump is spewing lies about migrants, claiming they're voting & taking American jobs—demonstrably untrue. & Gen'l Flynn, Trump's advisor (after a pardon kept him out of prison), won't rule out executing people to clear "the swamp." More here: open.substack.com/pub/joycevance…Image
Read 4 tweets
Joyce Alene Profile picture
Oct 11
Memories are short. But I went back thru old tweets to see just how strong the protest against a hush-and-hurry-up confirmation proceeding for now-Justice Kavanaugh was after allegations of sexual assault, which he denied, surfaced.
Then there was that time Kavanaugh wouldn't let his wife answer a question about whether investigation was merited.
Kavanaugh himself said he wanted a "fair process" but he wouldn't go so far as to say the FBI should investigate the claims made about him.
Read 11 tweets

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