Welcome to new followers! I tweet about con law, legal history, and political theory. I’m writing a book about Steve Bright, former public defender who ended up as one of the greatest death penalty lawyers of his generation. You’ll see some tweets about that project too.
My book offers a kind of intellectual history of the ideas that mattered in the decades after SCOTUS reinstated the death penalty in 1976. What worked, what didn’t? We go from triage to the development of key principles: fairness, equality, effective representation.
Readers will learn how Steve and his band of fellow lawyers, staff, and interns respond to an avalanche of negative SCOTUS jurisprudence and develop an arsenal of arguments and tactics that begin to save lives.
My account also situates Steve’s life and work within the politics of mass incarceration, from how he experiences it as a young man to how he fights against its excesses as a budding lawyer and later as a public figure.
As America changed, so too the composition of the courts changed. This creates new obstacles to the pursuit of justice. Meanwhile, Steve thinks not much has changed in Southern courtrooms: you still had black defendants tried and sentenced to death often by all-white juries.
In that sense, the story of Steve Bright’s life work at @southerncenter is about showing fellow citizens all of the places left behind by the Civil Rights Movement.
I’ll leave you for now with an anecdote about Steve. Anyone who’s ever met him will instantly notice his personal warmth and ferocious sense of justice. What people don’t often know is that he reserves a place of perpetual torment for liars and hypocrites.
One of the objects of Steve’s ire for as long as I’ve known him—since the 90s—has been Morris Dees. Steve has repeatedly called Dees a “charlatan” and “fraud.” What he most resents is that SPLC once did direct representation but mostly got out of capital & prison work.
As Steve tells it, SPLC closed down its death penalty unit and stripped way down in prison & jail cases after Dees realized no one wanted to donate to such causes. Dees then stumbled upon the strategy of going after hate groups which brought tons of attention and millions.
Many in the public interest world called SPLC’s headquarters “the Poverty Palace.” To Steve, Dees had long ago sold out. When Steve was invited by then-Dean of Alabama Law Ken Randall to attend an event honoring Dees, he declined and gave this withering answer.
When Dees had his downfall in 2019, Steve had this choice quote in @NewYorker. It’s the only situation you’d ever see him revel in someone’s misfortune. I said to him, “You must have been holding on to that one for a long time!” He just grinned. /end

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Rᴏʙᴇʀᴛ L. Tsᴀɪ

Rᴏʙᴇʀᴛ L. Tsᴀɪ Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @robertltsai

29 Jul
Today’s writing inspiration: Charles Ogletree, known affectionately as “Tree” to friends. Ogletree, an alum of PDS, taught at @Harvard_Law. In 1990, Tree, Steve Bright & Bryan Stevenson worked on the appeal of James Ford, who had an IQ of 73 and was under a death sentence. Image
During Ford’s trial, the prosecution used 9/10 peremptory strikes against black jurors. Ford was a black man accused of killing a white woman. His lawyers knew that local prosecutors had a reputation for aggressively removing black jurors so they filed a pretrial motion. /2
His lawyers cited the Sixth Amendment, but didn’t mention the 14th Amendment. But both the judge and the prosecution understood the motion raised a jury composition issue and alleged racial discrimination in the state’s jury strikes. /3
Read 14 tweets
10 Jun
For those interested in criminal justice reform, here’s a thread on some of our constitutional tweaks in the @DemJournal draft Constitution. The first set of changes is to try to reduce coerced confessions by excluding them unless their substance can be confirmed in open court.
This will surely be harder to do and so will probably reduce reliance on confessions alone. We also incorporate and expand Brady to help with the asymmetrical access to evidence and resources in the criminal justice system. /2
We explicitly expand the right to counsel not only to incorporate any hearing to confirm the substance of so-called confessions but also for pleas, appeal, and post-conviction review. /3
Read 11 tweets
9 Jun
Reform of SCOTUS:
1. Always an even number of justices and no fewer than 8
2. 16-yr term limits
3. Congress allowed to establish other term limits for lower court judges
4. No nationwide injunctions by a single judge … @DemJournal bit.ly/3pGKnyT
5. No Act of Congress may be invalidated unless 3/4 of justices agree
6. If threshold met, Congress given 18 months in which to remedy through further legislation unless “manifestly” unconstitutional—in which immediate injunction may issue.
During deliberations, I pushed for 12-15 year term limits for federal judges though I lost. I think anything longer than 8 years—beyond a typical president’s tenure—is enough to insulate from politics. Much longer and the temptation to entrench party policies grows.
Read 14 tweets
11 Nov 20
On this Veteran’s Day, many are worried about a coup by the president. Let’s be watchful but trust the patriotic and law-abiding citizens among us to do their jobs as professionals. There are certainly alarming things about Trump’s post-election rhetoric and that of his allies.
/2 Repeatedly claiming the election was rigged is disgraceful and anti-democratic. It sows suspicion and division. It raises outsized hopes that the will of the people will somehow be overthrown. Such language undermines our institutions.
/3 But a coup can’t happen without a lot of orchestration and acquiescence. There has been more norm-breaking but not yet any lawbreaking. Trust election officials—Democrats, Republicans, and volunteers—to finish counting the votes and certify the election results in every state.
Read 8 tweets
9 Nov 20
So this is Trump’s final Hail Mary: an assault on mail-in voting by invoking Bush v. Gore. But this would bring down the entire election in PA. I also see no limiting principle to prevent such a precedent from also invalidating mail-in voting systems in other states.
Another problem with this radical reading of Bush v. Gore is that it uses the idea of equality to dismantle a system of voting created in advance by the state, rather than to stop a state official from changing recount standards after people have voted.
In any event, the theory of unequal or unfair treatment falls apart when you think about it. They argue that mail-in ballots are “devaluing in-person votes,” but it does no such thing. Each person had an equal opportunity formally to decide how to cast one vote.
Read 12 tweets
10 Jun 20
4th Cir denies QI where 5 officers shot a man 22 times as he lay motionless: “Although we recognize that our police officers are often asked to make split-second decisions, we expect them to do so with respect for the dignity and worth of black lives.” bit.ly/3cWyDk4
/2 The man was apparently homeless and walking, but had committed no offense. The cops initiated the encounter, demanding that he provide ID and asking if he had a weapon. He did have a knife on him and so he asked a clarifying question. Things went sideways from there.
/3 Before the 5 cops shot him 22 times, the facts suggest “Jones had been tased four times, hit in the brachial plexus, kicked, and placed in a choke hold, at which point gurgling can be heard in the video. A jury could reasonably infer that Jones was struggling to breathe.”
Read 21 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!

:(