Despite the insulting campaign on the left to push him to resign, Breyer has hired four new law clerks. news.bloomberglaw.com/us-law-week/br… Breyer has actually been at the top of his game this year with key decisions. That can make for awkward moments:
...It is certainly true that Breyer could still retire. However, the campaign to push Breyer to retire and to pack the court likely hurt more than helped. The Court itself undermined claims of dysfunctional divisions with a series of nonideological rulings.jonathanturley.org/2021/06/20/e-p…
...For those suggesting Breyer is too old, I believe he is still five years the junior of Ruth Bader Ginsburg. (Few of those calling for him to resign made such calls for RBG to leave the Court)...
... Moreover, his replacement would not shift the balance of the Court. There are no reports that he is intellectually or physically diminished. Indeed, his opinions this term were well-received, including his securing a 7-2 majority in California v. Texas.

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More from @JonathanTurley

4 Jul
As usual, there remains a virtual blackout on the Biden laptop or the mounting evidence of Hunter Biden’s influence peddling. Beyond a couple outlets like the New York Post, voters have to rely on the foreign press for coverage of the disclosures. jonathanturley.org/2021/07/04/new…
...What is most interesting about the emails (beyond the $100,000) is that Freeh understood that Hunter Biden was the window to deal with the Bidens on deals. Both Hunter and his uncle are repeatedly referenced in a variety of deals as conduits to Joe Biden.
...That has fueled concerns that we have a type of state media by default where reporters yield not to legal coercion but personal bias. Evidence of self-dealing and influence peddling cannot be reported without being an indictment of not just the Bidens but the media.
Read 4 tweets
1 Jul
Here is the indictment. Grand larceny in the second degree can lead to a maximum sentence of 15 years. However, it would be unlikely to come near such a sentence for such perk abuses...s3.documentcloud.org/documents/2098…
...Such tax issues ordinarily result in sentences closer to a year, particularly for a first offender and an elderly individual. The indictment reads more like a thrill kill than a serious component to a major investigation.
...The indictment likely inflates the values of these items but comes up with $1.5 million in tax evasion. That is still a lot even with prosecutorial inflation. However, corporate perks are notoriously under reported and the violations are common in business...
Read 7 tweets
1 Jul
For a trophy prosecution, nailing a 73-year-old man for not reporting car and apartment benefits (with a potential of a year in jail) is not enough to mount, let alone brag about . . . jonathanturley.org/2019/03/22/the…
The charges against Trump Organization CFO Allen Weisselberg are exceptionally rare as the sole basis for a criminal case. It certainly seems more of a retaliation for failing to give incriminating material as well as pressure to flip on Trump. However, ...
...not only is this a threat of a year in jail, it is extremely unlikely to result in jail time for a first offender even if this bloated prosecution effort can secure this conviction. The case seems more like a thrill kill prosecution in terms of its real size and significance.
Read 6 tweets
1 Jul
Critics of the Court are virtually celebrating the ideological splits to revive their claims of a dysfunctionally divided Court -- ignoring weeks of unanimous and non-ideological decisions.... jonathanturley.org/2021/06/20/e-p…
...After weeks of grumbling silence, the mantra of "pack it, pack it" have resumed on the Internet. The record does not matter when the rhetoric will suffice.
...Among those renewing calls to pack the Court is Sen. Ed Markey, D-Mass., who responded to the decision by declaring "we must expand the Supreme Court." The earlier non-ideological or unanimous decisions are just brushed aside. Any contrary decision is now intolerable.
Read 5 tweets
1 Jul
Brnovich has a great deal that should worry the Biden Administration and, again, the timing of its filing may have been due to the expected countervailing opinion. It would have been even more difficult to file after such a narrowing interpretation...
Most notably, the Court rejects assumptions of racial motives even given controversial speeches: "We are more than satisfied that the District Court’s interpretation of the evidence is permissible... "
..."The spark for the debate over mail-in voting may well have been provided by one Senator’s enflamed partisanship, but partisan motives are not the same as racial motives..."
Read 4 tweets
1 Jul
We just got Brnovich. 6-3 opinion with Alito writing. The opinion is a big win for the states on election laws and undermines the new lawsuit from the Biden Administration against Georgia. supremecourt.gov/opinions/20pdf…
However, the Court punts on a clear or binding rule for future cases: "we think it prudent to make clear at the beginning that we decline in these cases to announce a test to govern all VRA §2 claims involving rules...that specify the time, place, or manner for casting ballots"
Yet, this clearly a more narrow ruling than the one relied upon the Biden Administration of Section 2 of the Voting Rights Act ....
Read 4 tweets

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