Bottom of 11th inning, @redsox at @Athletics.
1 out, runners on corners, sharp grounder to 2d base at double-play depth...
Instead of turning an easy inning-ending double play, @marwinGF9 just throws to first.
And these @fox announcers think he actually did a good thing. Whut.
The next hitter hit a deep fly for the 3d out, so no harm, no foul.
And then @marwinGF9 drove in the first run of extras for a 5-4 lead, so all forgiven.
Except for those slow Fox announcers.
I was not a fan of the Sox letting go of Betts, Bradley, and Benintendi, but I can get over it after watching a half-season of Alex Verdugo, Enrique Hernandez, and Hunter Renfroe (and tonight Martinez in LF and sometime soon Jarren Duran in CF)
Likely @RedSox line-up in 2022:
1B Tristan Casas (top-30 MLB prospect)
2B Jeter Downs (top-30)
SS Bogaerts
3B Devers
LF Alex Verdugo
CF Jarren Duran (ready this year)
RF Renfroe/Hernandez
C Vazquez
DH JD Martinez

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More from @jedshug

1 Jul
Kagan canonical dissent in Brnovich:
"If a single statute represents the best of America, it is the Voting Rights Act...
If a single statute reminds us of the worst of America, it
is the Voting Rights Act. Because it was—and remains—so necessary."
The majority is very bad news.
Kagan dissent:
"Rarely has a statute required so much sacrifice to ensure
its passage. Never has a statute done more to advance the Nation’s highest ideals. And few laws are more vital in the current moment. Yet in the last decade, this Court has
treated no statute worse."
2/
3/
In the next page, Kagan drops in a none-too-subtle reference to Dred Scott to shame the shameless Roberts Court:
Read 5 tweets
23 Jun
A Unitary Puzzle, as we await Collins v Yellen:
Why are judges & academics who otherwise are decentralizing states-rights federalists and opponents of the modern administrative state so in favor of centralized expansive presidential power?
Explainer:
shugerblog.com/2021/06/23/a-u…
I also recommend this article by Stephen Skowronek from a decade ago:
cdn.harvardlawreview.org/wp-content/upl…
3/
I filed this brief in Collins with @protctdemocracy:
The first Congress rejected “presidentialism,” that the President alone can remove principal officers, and it rejected the more specific claim of exclusive or “indefeasible” presidential removal:
papers.ssrn.com/sol3/papers.cf…
Read 5 tweets
2 Jun
This is a non-story on the @ManhattanDA race on both @TaliFarhadian & @AlvinBraggNYC.
There is zero conflict of interest here.
Being interviewed for a federal judgeship indicates no political favor or grudge. To the contrary, this story shows Tali's merit & independence. 1/
2/ @nytimes reports HLS Prof @NoahRFeldman recommended @TaliFarhadian to the Trump administration on his own initiative - b/c she is extraordinarily qualified to be a judge.
Remarkably enough, Trump staffers actually interviewed her, a progressive Obama DOJ veteran!
3/ Tali had no contacts with Trump world, but was so impressive that they interviewed anyway.
She bravely told the Trump staff things they didn't want to hear, and the interview "became heated during a disagreement over constitutional law."
And her candidacy ended.
Good for her.
Read 12 tweets
26 May
Good essay by Gov. Mike DeWine on Ohio’s Vaccine Lottery.
But this gave me pause:
DeWine quoted baseball owner Bill Veeck, “To give one can of beer to a thousand people is not nearly as much fun as to give 1,000 cans of beer to one guy.”
1. NO WAY...
nytimes.com/2021/05/26/opi…
2/
First of all, has DeWine or Veeck ever been to a party? The best parties are giving a beer to a 1000 people. The worst party is where one guy has a thousand beers.
(You know what I mean).
And this is really about happiness, diminishing utility, and policy.
3/ DeWine says his team discussed cash payments or prizes for each person who got the shot. But they loved the flashiness of the lottery.
First: Do we really know whether the lottery was more effective than cash or other prizes?
Read 7 tweets
25 May
Major story on the Barr DOJ memo blocking the Mueller Report and indictments.
1. Shame on the Biden DOJ today for suing to block its release.
2. Some context: Memo co-author OLC Steve Engel needs to be investigated for his role in Ukraine cover-up.
washingtonpost.com/national-secur…
2/ Obama/Biden officials need to do some soul-searching about how they expanded executive power.
They may have had good moral reasons, but they established precedents that Trump abused.
Today's filing to block is a bad sign from the Biden/Garland DOJ
3/ Thread from @ZoeTillman on Biden/Garland DOJ fighting the release of Part II of the memo.
Credit to Zoe for posting the Barr DOJ memo text. Major media should link to such documents when writing stories about them.
cc: @washingtonpost @DevlinBarrett
Read 6 tweets
7 May
This week, 2 major scholars re-asserted the unitary executive theory:
Akhil Amar in "The Words That Made Us," p. 357-59; @jacklgoldsmith in After Trump podcast w/ @page88.

Yet the Founding Era documents don't support them (linked @lawfareblog post).
1/
lawfareblog.com/imaginary-unit…
2/ The unitary executive theorists that Trump appointed are getting more extreme. Yesterday, Judge Newsom on the 11th Cir. used the theory to assert ahistorical and unprecedented restrictions on Congress, standing, and private rights of action:
3/ @jacklgoldsmith is right about how the Supreme Court has ruled recently, and that limits reform. But this is how their show summary characterize the reformers’ view:

“As a legal and constitutional matter, this ‘independent’ Justice Department is a lot of nonsense.”

Nonsense?
Read 16 tweets

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