Mark Joseph Stern Profile picture
Jan 19 4 tweets 2 min read
I just deleted a tweet about this statement because I want to be more specific about what it says—and doesn't say.

It DOES say that Sotomayor never asked Gorsuch to mask up.

But NPR reported that *Roberts* asked Gorsuch to mask up. This statement does not deny that claim.
So the Sotomayor–Gorsuch statement denies something that wasn't alleged.

That said, the NPR report did suggest that Gorsuch's refusal to mask up made Sotomayor uncomfortable, while this statement (arguably) implies that she is not uncomfortable. Hard to say. It's very vague.
Chief Justice Roberts now explicitly denies NPR’s report that he asked the justices to mask up.

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More from @mjs_DC

Jan 19
BREAKING: Supreme Court *rejects* Trump's attempt to block the release of his White House records to the Jan. 6 committee. The vote is apparently 8–1 with only Justice Thomas dissenting. supremecourt.gov/opinions/21pdf…
The Supreme Court's order rests on the D.C. Circuit's determination that Trump's attempt to block the documents would fail "even if he were the incumbent." So SCOTUS declined to draw a distinction between the privilege of former and current presidents. supremecourt.gov/opinions/21pdf…
Justice Kavanaugh writes separately concurring with the decision against Trump while declaring that former presidents CAN claim executive privilege even when the current president waives that privilege. The majority does not endorse or reject this view.
supremecourt.gov/opinions/21pdf… ImageImageImage
Read 6 tweets
Jan 19
By a 2–1 vote, a Florida appeals court overruled a judge who refused to let a 17-year-old terminate her pregnancy because she was not "sufficiently mature."

The dissenter is married to the GOP legislator who recently introduced a 15-week abortion ban. documentcloud.org/documents/2118…
I will never understand the argument that a teenager can be too immature to get an abortion but mature enough to have a child. I guess the Amy Coney Barrett answer is that the teen can just drop her baby off at a fire station and forget about it.
Which decision requires more maturity: Taking a few pills to end a pregnancy, or carrying a pregnancy for nine months, then birthing and possibly raising a child? The teen here just wants a medication abortion and the dissenter says: "No, she's not mature enough for that!" What?!
Read 4 tweets
Jan 18
I missed this in December: Ginni Thomas, wife of Supreme Court Justice Clarence Thomas, signed a letter to Kevin McCarthy accusing the Jan. 6 committee of engaging in "political harassment," "demagoguery," and "overtly partisan political persecution." conservativeactionproject.com/conservative-l…
The letter signed by Ginni Thomas urges McCarthy to revoke Liz Cheney and Adam Kinzinger's membership in the GOP conference, claiming that both representatives are trying "to undermine the privacy and due process of their fellow Republicans." conservativeactionproject.com/conservative-l…
Notably, the letter signed by Ginni Thomas claims that the Jan. 6 committee's subpoenas have no "valid legislative end."

Trump v. Thompson—which is before the Supreme Court *right now*—asks the justices to decide ... whether these subpoenas have a valid legislative end.
Read 4 tweets
Jan 17
By a 2–1 vote, the 5th Circuit certifies a question of state law to the Texas Supreme Court in the S.B. 8 case, keeping abortion clinics shuttered.

It seems increasingly likely that the lower courts will run down the clock until SCOTUS overturns Roe. documentcloud.org/documents/2118…
The Supreme Court held that the federal lawsuit against S.B. 8 could proceed against "Texas licensing officials" who ostensibly enforce abortion restrictions.

Now the 5th Circuit has asked the Texas Supreme Court to decide whether SCOTUS was correct as a matter of state law.
In dissent, Judge Higginson accuses the 5th Circuit of "impeding relief ordered by the Supreme Court."

He quotes J. Skelly Wright’s observation that in the 1950s, segregationist judges contravened the Supreme Court's civil rights decisions through "delays" and "subterfuge."
Read 7 tweets
Jan 14
Awful, awful grant. This case gives SCOTUS a back door to effectively overturn Miranda by holding that there is no constitutional right to receive Miranda warnings. A truly bad omen.
This grant, too, is profoundly disturbing. The coach and his attorneys have brazenly lied about the facts of the case to tee up Supreme Court vehicle that will legalize a great deal of prayer in public schools. Looks like the justices took the bait.
Whatever you think about school prayer, this grant is bad news for anyone who thinks that lawyers should not lie to courts.
Read 4 tweets
Jan 14
Days after invalidating Ohio's gerrymandering legislative maps, the Ohio Supreme Court strikes down the state's gerrymandered congressional maps, which gave Republicans a 12–3 advantage. supremecourt.ohio.gov/rod/docs/pdf/0…
A lot to unpack here but I'm fascinated by this exchange over the dissenters' decision to issue a jointly authored opinion. They cite yesterday's joint dissent by SCOTUS' three liberals in the COVID mandate case. supremecourt.ohio.gov/rod/docs/pdf/0…
I just want to reiterate how demented the Republican dissenters' position is in these cases ... The people of Ohio overwhelmingly passed a constitutional amendment restricting partisan gerrymandering and the dissenters say the Ohio Supreme Court can't enforce it. Lunacy.
Read 4 tweets

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