Civil rights advocates acting as private attorneys general represent *injured* parties against people who *violated* their rights.
They don't bring suits by *uninjured* parties to punish others for *exercising* rights. That's what SB8 allows.
More fundamentally, there is no "progressive playbook" of suing people for exercising rights and then contriving to prevent courts from deciding whether that's lawful.
Not yesterday. Not today. Not ever.
Not even with the door to this mischief thrown open by the Supreme Court.
If you're doing an SB8 take and desperately need an analogy for a system that redistributes $ without regard to injury, we do have a word for that. It's taxation.
And in the case of SB8, it's a system of taxation that targets people for exercising their rights. /end/
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FIRST CIRCUIT: the MA "wiretap law" violates the First Amendment by criminalizing secret, nonconsensual audio recording of police officers discharging official duties in public spaces. media.ca1.uscourts.gov/pdf.opinions/1…
The First Circuit first holds that the lawsuit was "ripe" because the activists wanted to do secret recording prohibited by the wiretap law, and they shouldn't have to risk prosecution to bring suit.
(Lawyers who file post-election lawsuits might want to read this part.)
Judge Brann's opinion is significant not only because it rejects Trump's lawsuit, but because it appropriately memorializes—for history—that the President of the United States tried to disenfranchise 7 million voters. courtlistener.com/recap/gov.usco…
COURT: if your vote was canceled then you, um, don't have standing to sue officials who did NOT cancel it.
For my money this was one of the silliest features of Trump's lawsuit.
COURT: instead of seeking to *vindicate* plaintiffs' rights, this lawsuit sought only to *violate* other people's rights.
BREAKING: Judge Wolf has issued a temporary restraining order requiring ICE to release our class member “forthwith” so that he can be reunited with his family for the holidays! 🙌🙌🙌
COURT: the law required ICE to interview Mr. Kim to determine whether his detention should continue, but ICE detained him for NINE MONTHS without interviewing him once.
COURT: when ICE intends to deport someone, their opportunity to spend time with family is “especially precious and irreplaceable.”
Today an ICE “Removal & International Operations Chief,” who makes decisions to detain people all over the US, testified that ICE has been REPEATEDLY VIOLATING a regulation designed to give detainees a chance to explain why they should be released.
The law (8 CFR 241.4(i)(3)) requires a personal interview for “post order” custody past 180 days.