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13 Sep, 4 tweets, 3 min read
Wondering how the new brief from abortion providers in the #SCOTUS case on Mississippi 15-week ban deals with the trans & non-binary issue? It leans heavily on arguments about the rights of women and addresses others in a footnote on p.13. Earlier: politi.co/2YXFQix Image
The brief is available here: bit.ly/3tDpkz8
As @AliceOllstein @AlexThomp & I noted last week, the #SCOTUS justices—at least the three liberals—still seem to view this at least in part as a women’s rights issue politi.co/2YXFQix
@AliceOllstein @AlexThomp While there a lot of references in there to women, the brief also uses gender-neutral language at times Image

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More from @joshgerstein

Josh Gerstein Profile picture
14 Sep
Sens. Leahy and Kennedy just got into it at SJC, with Leahy suggesting that Kennedy is holding female nominees to a higher standard. Followed Kennedy badgering 9th Cir nominee Sung for being unwilling to say whether she thinks Kavanaugh is morally bankrupt.
'I don’t belive the senator has any evidence to show I’m somehow being misogynistic,’ Kennedy responds. ‘Let's all stop and think of what we’re doing,’ Leahy replied.
Now, Sen. Lee suggesting the letter Sung signed attacking Kavanaugh was defamatory, which it surely was not.
Read 4 tweets
Josh Gerstein Profile picture
11 Aug
HAPPENING NOW: Detention hearing underway for Penn. resident accused of spraying cops w/irritant on Jan. 6, Sam Lazar. Test of how judges make sense of Monday D.C. Circuit ruling releasing George Tanios, accused of conspiring to do similar act. Earlier: politi.co/3jHYpxx
Prosecutor Douglas Collyer said Lazar remains a threat because ‘feverish’ Jan. 6 rhetoric 'has really not gone away.’ Mentions that some still expect Trump to be inaugurated this month.
Defense atty David Benowitz says Lazar hasn’t been violent since January, which is good indicator he won’t be. Says Tanios case said judges should look to post-event actions. As for Lazar’s talk of war : ‘Certain things get said in the heat of the moment that people may not mean'
Read 4 tweets
Josh Gerstein Profile picture
4 Aug
BREAKING: Virginia couple Joshua & Jessica Bustle won’t get jail time for entering Capitol amid riot. Judge notes Bustles were in DC for anti-vaccine rally, not Trump rally. Despite inflammatory web posts, they say were unaware of violence as it happened politi.co/3iGyhEI
Joshua Bustle sentence: 24 months probation…30 days home confinement….40 hrs community service…no fine, $500 restitution
Judge says Jessica Bustle’s conduct was more serious….she gets 60 days home confinement (allows for work & medical appts)….$500 restitution…no fine….40 hrs community service….
Read 4 tweets
Josh Gerstein Profile picture
22 Jul
HAPPENING NOW: Giuliani associates are seeking delay in their trial on campaign finance & fraud charges from October to next February. Wife of 1 defendant, Lev Parnas, is expecting in November.
Judge has carved out the most Giuliani-related portion of the case, though.
Prosecutor says 1-2 week trial and about a dozen witnesses
Read 7 tweets
Josh Gerstein Profile picture
14 Jul
#CapitolRiot defendant Brandon Fellows left voicemail for pretrial services supervision in which he said of her colleague: ‘I know [she] was just trying to do her job and so were the Nazis.’ And: ‘This is how you radicalize people, man.'
Also he explained he didn’t want to come to pretrial services office in Albany, NY because his car was in disrepair and he didn’t want to take bus because: ‘I like starting fights random people over masks.'
Also made comments to pretrial officials about hormones and sex drive and his genitalia. He also allegedly called mother of a pretrial services officer which scared mother & her. Sent officer screenshot of Google search of her. Fellows has said he has mild autism.
Read 17 tweets
Josh Gerstein Profile picture
1 Jun
Judge Mehta has rebuffed defendants' request to set a trial date now in Oathkeepers’ #capitolriot case, which keeps growing, standing at 16 defendants, with several others referenced but uncharged. Doc: bit.ly/3vFu1Je
Judge still talking about splitting trials into 2 or more if necessary because of impracticality of a trial that large. Of course, some defendants will likely plead out.
Carmen Hernandez, atty for deft Donovan Crowl: 'My concern is we’re at 16 defendants at this point and if the govenrment’s going to be be seuprseidng every two months, I don’t know where we end….’
Read 6 tweets

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