1/ Everyone keeps assuming that Justice Stephen Breyer will retire from #SCOTUS either this year or, as is looking more likely right now, next year.

But what is the basis for this assumption? Might Justice Breyer stick around for several more years?
2/ In his recent interview with @JoanBiskupic of @CNN, all Justice Breyer said was that (a) he hasn't decided on when to retire and (b) he would consider his health and the needs of #SCOTUS in deciding.

What do those factors say right now about retirement?
3/ Justice Breyer seems active and healthy, and he's still making meaningful contributions at #SCOTUS.

This past Term, he wrote opinions for the Court in such major cases as CA v. TX (the big ACA case), Mahanoy v. BL (student free speech), Google v. Oracle.
4/ As Dean Treanor of @GeorgetownLaw argues in this interesting @Slate piece, #SCOTUS history "shows that pundits, & even presidents, are not good actuaries."

"At 82, Breyer may have MANY years on the court ahead."

bit.ly/3Bl3q7q #appellatetwitter
5/ Here's a list of the 10 oldest #SCOTUS justices ever (which I haven't independently verified, and yes "Brandeis" is misspelled, but I assume they did the math right).

In August, Breyer will be 83 — good for only #9 on this list.

bit.ly/3wP2KDW
6/ To be clear, my personal opinion, for whatever it's worth, is that Justice Breyer should retire now/soon.

But I'm just pointing out that he, Justice Breyer himself, might have a different view — which I don't think many of us have sufficiently considered.

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More from @DavidLat

21 Jul
Is anyone aware of research on the susceptibility to the Delta variant of people who had a natural infection of #COVID19 (seropositive) and then got fully vaccinated with an mRNA vaccine on top of that?

Asking for a friend.
Cc’ing @florian_krammer @DrTomFrieden @VirusesImmunity @apoorva_nyc who have been insightful in the past.
3/ Just went to @nyulangone to give blood for a research study I joined back in March 2020, when I was hospitalized there. I go there every few months to donate. Image
Read 4 tweets
20 Jul
1/ An important update regarding the hiring as a #SCOTUS clerk of Jessica (Jessie) Garland, daughter of Attorney General Merrick Garland, by Justice Kagan.

From Patricia McCabe of the Supreme Court Public Information Office: Image
2/ I appended this to the end of my earlier thread, but since I really can't make heads or tails of why Twitter displays some of my tweets widely and others not at all, I'm tweeting it out this way too.
3/ The key points:

(a) Justice Kagan hired Jessica Garland BEFORE #MerrickGarland was AG (and before @JoeBiden was elected president.

(b) Jessie Garland won't clerk for Justice Kagan at #SCOTUS during Merrick Garland's tenure as AG.
Read 4 tweets
20 Jul
1/ Before my critical case of Covid-19, I had a resolution to walk or run at least 25 miles a week, which averages out to around 3.5 miles a day. And I generally adhered to it.
2/ From 2015-2019, I basically managed to keep this resolution. Here are the years and my average daily walking/running totals (per the handy Health app in my iPhone).

2015: 4.2
2016: 3.7
2017: 4.3
2018: 3.8
2019: 3.9
3/ In 2020, thanks to Covid, I averaged just 2.4 miles a day. I did hardly any walking in March, much of which I spent in the hospital, and April, the first month of my recovery (when I could barely walk across the house or up a single flight of stairs). Image
Read 10 tweets
19 Jul
1/ THREAD. Today marks the seventh anniversary of the murder of law professor Dan Markel.

He touched so many lives, as reflected in these recollections from those of us who were lucky enough to know him.

bit.ly/32xBWg0
2/ Seven years later, not everyone involved in this horrific crime has been brought to justice.

Here is a statement just issued by Dan's parents, Ruth and Phil Markel, through their lawyers, Orin Snyder and Matt Benjamin of @GibsonDunn.
3/ Here is a video version of the Markel family's statement, posted on the “Justice for Dan” Facebook page.

bit.ly/3rlWDFT
Read 5 tweets
14 Jun
1/ THREAD. Some of the coverage connecting the departure of John Demers as head of the Justice Department’s National Security Division to the uproar over the DOJ leak investigations is a bit misleading.
2/ Look at all of these headlines, which imply that John Demers’s departure was prompted by the furor over the leak investigations, Apple/Google subpoenas, etc.
3/ But then read this @nytimes by @ktbenner, which has the right facts (even if the headline and sad-face photo, which Benner isn’t responsible for, reinforce the narrative that John Demers’s departure is tied to the scandal).

nyti.ms/2TxPPrL
Read 14 tweets
5 Jun
1/ THREAD. I'm conducting a poll for my newsletter/blog, Original Jurisdiction (if you're not familiar with the subject, read the rest of this thread):

Did you like Judge Kenneth Lee's opinion in Briseño v. Henderson (9th Cir.)? #appellatetwitter
2/ Here's a link to Judge Lee's opinion in Briseño v. Henderson, so you can check it out for yourself before reading the commentary:

bit.ly/3z2GtVj
3/ Here's @Ross_Todd of Litigation Daily on Briseño v. Henderson:

bit.ly/3ck53r7
Read 10 tweets

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