DOJ's lawsuit over Georgia's SB 202 election law will be the eighth lawsuit against the law.

All seven prior suits are before the same district judge, Trump appointee JP Boulee, under the rule that cases involving common questions should be heard by the same judge.
Those cases were brought by various groups, including Georgia NAACP, AME Church, Asian Americans Advancing Justice, and Concerned Black Clergy.

The lawsuits make 14th Amendment and VRA challenges to Georgia's elections law.
There is a not insignificant danger that pressing this lawsuit will end in Supreme Court precedent allowing Georgia-like provisions nationwide.

That's what happened with voter ID.
It's all about the remedy. A win against Georgia would necessarily be very tailored: "under these facts, adopting such-and-such change to ballot drop boxes was racially discriminatory" doesn't really move the ball on ballot drop boxes, in general.
But a win *for* Georgia would make restricting ballot drop boxes *permissive*, which would be significant precedent.
DOJ said it is challenging Georgia's new out-of-precinct voting restriction, which is one of the live issues in Brnovich.

So, yes, Brnovich could possibly answer some of these questions next week.

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More from @gabrielmalor

26 Jun
5th Cir. will not rehear en banc a QI case in which the plaintiff alleges that police officers knowingly tased a suicidal man drenched in gasoline and thereby set him on fire, killing him.

The exchange of views is going to need more comment. ca5.uscourts.gov/opinions/pub/2… ImageImage
I'm going to dig in to this tomorrow (I've, er, already started the weekend so I'm not quite in the mind to write) but there is A LOT in here.

Including Judge Willett explicitly invoking SCOTUS' shadow docket, which is a first on me.
*corrected tweet. Sometimes I fall back and call Judge Willett "Justice." Habit.
Read 4 tweets
25 Jun
Some of the replies to this tweet are a bit despairing, but I bring up voter ID in part because we just don't know that Georgia's new law will adversely effect voting in Georgia. Because there hasn't been an election under the new rules.
The same happened with voter ID. Opponents would run to court and cry and moan about voter suppression that, despite all their statistical studies, *never appeared in fact.*
Voter ID ended up becoming *permissive, but not required* nationwide and . . . nothing bad happened. Voter turnouts generally increased.

All their statistical studies were just garbage and hype created for the lawsuits.
Read 5 tweets
25 Jun
Third (and final) SCOTUS decision of the day is about whether Alaska Native Corporations count as Indian tribes for purposes of getting CARES Act pandemic relief.

Held: 6-3, they are Indian tribes. J. Sotomayor writes for majority. J. Gorsuch dissents. supremecourt.gov/opinions/20pdf…
This is another unusual 6-3 split.
Maybe "unusual" is not the right word for it. Certain doom-and-gloom legal commentators made pretty wild claims about a 6-3, GOP-nominated vs Dem-nominated Supreme Court.

So far, we just haven't seen that ideological split very much this term. Still could in Brnovich and AFPF.
Read 5 tweets
25 Jun
The first SCOTUS decision of the day is about standing. Justice Kavanaugh writes, 5-4. Justice Thomas dissents, joined by Justices Breyer, Sotomayor, and Kagan. supremecourt.gov/opinions/20pdf…
This will have consequences for lawsuits premised on statutory causes of action. Here it was the Fair Credit Reporting Act.

The circuit split over folks suing for harm under the Telephone Consumer Protection Act comes to mind.
Because the Court issues decisions in reverse order of seniority, we will not be seeing a maj. op. from Justice Barrett today.

Any of the others could still write.
Read 4 tweets
24 Jun
Oh hey, the 5th Cir. will rehear en banc a challenge to Mississippi's law that disfranchises people with certain convictions from voting.

The original panel had held in February that it was bound by a 1998 precedent that found the law was not racially discriminatory.
For the non-lawyers, the panel was bound to apply a prior precedential decision. So they held the plaintiffs, black men who had been convicted of certain crimes that disqualified them from voting, could not proceed in their lawsuit.

But the en banc panel will not be so bound.
The theory of the case is that Mississippi's original 1890 list of disenfranchising crimes were picked bc they were committed primarily by black people. In 1998, the state said that amendments to the list in 1950 and 1968 cured that discriminatory taint, and the 5th Cir. agreed.
Read 4 tweets
24 Jun
Not wild about this Giuliani interim suspension. The only in-court misstatement the order relies on is when, during the Boockvar argument Giuliani first said they were pursuing a fraud claim, then said that fraud was underlying their claim, then said they didn't plead it.
Everything else the order refers to is stuff Giuliani said on TV, the landscape company presser, his podcast, or in private settings.

See, for example,
If every time a lawyer said something wrong in front of a judge, got corrected, and in the next breath agreed to the correction resulted in suspension for making a false statement, there would be very few active lawyers.

And the rest of this is just TV lawyer garbage.
Read 11 tweets

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