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Mark Joseph Stern Profile picture
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21 Jul, 4 tweets, 1 min read
It started thundering and raining so Lucy hid under an ice cream cart lol
She’s drier than all of us 😂
lol ok the thunder has nearly stopped but she refuses to leave
All right, she partly emerged and let me gently pull her out all the way. What a journey!

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More from @mjs_DC

Mark Joseph Stern Profile picture
14 Jul
Richardson reasons that (1) the age of majority at the Founding was 21, but (2) people as young as 16 were forced into militia service, so (3) people aged 18-20 today have a freestanding right to bear arms that is completely unattached to military service. Does that track?
If the age of militia service at the Founding dictates the age at which people can buy guns now, why don't 16-year-olds have a right to bear arms? Richardson says 21 is arbitrary, but isn't 18 just as arbitrary? Shouldn't 16-year-olds have a right to bear arms under his analysis?
Also, *why* does the age of militia service at the Founding dictate the age at which people can buy guns today? If the Second Amendment is now totally detached from military service, why does the age of 1791's militiamen bear on when modern people can guy guns for self-defense?
Read 5 tweets
Mark Joseph Stern Profile picture
12 Jul
On Friday, Biden fired Andrew Saul, a Trump holdover leading @SocialSecurity. Saul claimed he would attempt to come to work on Monday anyway. But today, a White House official told me: "The government has taken steps to offboard Andrew Saul as we would any other former employee."
Here is a White House official's full statement on Andrew Saul's refusal to accept his removal from @SocialSecurity.
The White House official also pointed me toward the Office of Legal Counsel's memo clearing the way for Saul's termination, which rests on the Supreme Court's recent decisions stripping removal protections from the heads of the CFPB and FHFA. justice.gov/olc/file/14107…
Read 6 tweets
Mark Joseph Stern Profile picture
10 Jul
This is long overdue. Andrew Saul and David Black were two especially noxious Trump holdovers who actively sought to sabotage the Social Security Administration.

Here's the OLC memo Biden relied on for legal authority to fire them. It's airtight: justice.gov/olc/file/14107…
The Supreme Court's decisions in Seila Law and Collins v. Yellen obviously allow Biden to fire Trump's terrible Social Security Commissioners. It would've been astoundingly naive and foolish for Biden to let them keep subverting Social Security—and undercutting his own agenda.
In June, Justice Kagan explicitly noted that the Supreme Court's recent "unitary executive" decisions give the president authority to terminate the head of the Social Security Administration, as Biden just did.
supremecourt.gov/opinions/20pdf…
Read 5 tweets
Mark Joseph Stern Profile picture
8 Jul
Shoutout to the Supreme Court's conservatives, whose 2010 decision in Free Enterprise Fund v. PCAOB allowed Joe Biden's SEC chair to replace every member of a Trump-stacked board that oversees audits of public companies. wsj.com/articles/audit…
Biden already fired William Duhnke, Trump's chair of the Public Company Accounting Oversight Board. Now he'll replace the entire board with progressive regulators. All thanks to SCOTUS's conservatives, who struck down removal protections for the board. wsj.com/articles/sec-r…
As I've noted before, the conservative legal movement's assault on removal protections at independent agencies—a scheme that sought to blow up countless regulations—has completely backfired and instead allowed Biden to seize control over these agencies. slate.com/news-and-polit…
Read 5 tweets
Mark Joseph Stern Profile picture
2 Jul
The Supreme Court has released its end-of-term "clean up" orders list: supremecourt.gov/orders/courtor…
By a 6–3 vote, the Supreme Court refuses to hear Arlene's Flowers, which involves a florist who refused to serve same-sex couples. Thomas, Alito, and Gorsuch dissent. supremecourt.gov/orders/courtor…
Gorsuch joins Thomas in suggesting that the Supreme Court consider overturning New York Times v. Sullivan, which provides strong First Amendment protections against defamation lawsuits brought by public figures. supremecourt.gov/orders/courtor…
Read 20 tweets
Mark Joseph Stern Profile picture
1 Jul
The Supreme Court's FIRST opinion of the day is in Brnovich, the Voting Rights Act case. It's a 6–3 decision with Alito writing the majority. All three liberals dissent. supremecourt.gov/opinions/20pdf…
The Supreme Court holds that neither of Arizona's challenged voting restrictions violates Section 2 of the Voting Rights Act. supremecourt.gov/opinions/20pdf…
The Supreme Court weakens, *but does not eradicate,* the Voting Rights Act's "results test"—which gauges the impact of voting restrictions on minorities—in cases (like this one) that involve "vote denial" rather than "vote dilution." supremecourt.gov/opinions/20pdf…
Read 11 tweets

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