A fascinating exchange in today’s Supreme Court arguments over New York’s concealed carry restrictions. Justice Kagan asks Paul Clement whether the state could ban concealed carry on the subway and university campuses, or at stadiums and large protests. He refuses to answer.
In a colloquy with New York’s solicitor general, Justice Alito expresses empathy for working class New Yorkers forced to brave the city’s allegedly crime-infested subways on the way home from work, asking: Don’t they need to carry concealed guns to protect themselves?
Justice Alito suggests that New York’s concealed carry restriction was passed with the intent to discriminate against racial minorities, Italians, and members of labor unions. If you are familiar with Alito’s jurisprudence on unions and racism, you will understand the irony here.
The Supreme Court is going to force New York (and every other state) to issue concealed carry permits to any law-abiding citizen who requests one. The only real question is whether the majority uses broad language that calls other gun restrictions into question. I think it will.

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More from @mjs_DC

1 Nov
Chief Justice Roberts does not sound happy with Texas Solicitor General Judd Stone, who resisted his (very good) hypothetical, leading Roberts to snipe: "My question is what we call a 'hypothetical.'" But remember that Roberts voted to block SB 8 from the start.
Here’s Chief Justice Roberts sounding uncharacteristically irritated by the Texas solicitor general’s defense of S.B. 8.
Incredible question from Justice Kagan that gets to the heart of the matter: “Some geniuses came up with a way to evade … the principle that states are not to nullify federal constitutional rights?”
Read 5 tweets
1 Nov
The Supreme Court vacates a lower court decision that had allowed New York to mandate abortion coverage on health insurance plans, sending the case back down in light of Fulton v. Philadelphia. supremecourt.gov/orders/courtor…
New York exempts churches from the abortion coverage mandate (obviously), but other religious employers demanded an exemption for their health insurance plans, as well. SCOTUS is pretty clearly signaling that the lower courts should grant it.
A pretty stunning order from the Supreme Court's six-justice conservative majority: They refuse to vacate a decision upholding a capital sentence even though *the government* asked them to because the defendant is probably intellectually disabled. supremecourt.gov/orders/courtor…
Read 9 tweets
29 Oct
BREAKING: By a 6–3 vote, the Supreme Court DENIES a request to block Maine's COVID vaccine mandate for health care workers with religious objections. Gorsuch, Alito, and Thomas dissent. documentcloud.org/documents/2109…
Barrett, joined by Kavanaugh, writes that she declined to block the vaccine mandate in part because it came to the court on the shadow docket—highlighting the fact that she might reach a different result if the court took the case on the merits. documentcloud.org/documents/2109…
In dissent, Gorsuch adopts the Republican Party line on vaccine mandates, insisting that "healthcare workers who have served on the front line of a pandemic" should not be forced to get vaccinated and highlighting their pitiable "plight."
documentcloud.org/documents/2109…
Read 7 tweets
25 Oct
As I said, these people are complete psychos. One protester is now chaining himself to demolition equipment in a hazmat suit. All these lies and stunts to block housing and a grocery store. What an embarrassment.
The current anti-McMillan theory is that McMillan is a historic park that must be preserved (at the cost of keeping Bloomingdale a food desert) ... and also that it's filled with toxic waste and asbestos and presents a massive threat to public health.

Also the anti-McMillan protesters don't actually live near McMillan. They just periodically come down to our neighborhood to stop us from getting more housing and a grocery store. I cannot overstate my disgust for these pathetic lunatics.
Read 4 tweets
18 Oct
The Supreme Court issues two per curiam opinions granting qualified immunity to police officers accused of using excessive force. supremecourt.gov/orders/courtor…
There are no noted dissents from SCOTUS' per curiam decisions granting qualified immunity; they appear to be unanimous. The court remains committed to a very strong shield of qualified immunity for officers accused of brutality. supremecourt.gov/orders/courtor…
SCOTUS also doubled down on an extremely controversial aspect of its qualified immunity jurisprudence—the notion that a Fourth Amendment right is not "clearly established" unless there's some very explicit precedent with nearly identical facts. This is bad news for QI opponents.
Read 4 tweets
14 Oct
Psychopath NIMBYs trying to stop the construction of more housing and a grocery store in my neighborhood are now turning against DC home rule and asking congressional Republicans to overrule our democratically elected leaders. Disgusting and reprehensible. dcist.com/story/21/10/13…
McMillan is currently a fenced-off wasteland. The city approved development that includes affordable housing and a Harris Teeter (the whole area is currently a food desert). NIMBYs blocked it for five years to preserve street parking and inflate home values. The worst people.
Anyway, the NIMBYs have finally lost: McMillan is being developed, and our neighborhood’s days as a food desert are numbered. But they refuse to accept defeat and insist that this “park” (NOT A PARK) must be preserved. Anything to keep out new neighbors. Completely despicable.
Read 4 tweets

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