David Lat Profile picture
Jan 26 7 tweets 4 min read
1/ Given recent precedent (noted by @katieleebarlow), there's no reason that a successor to Justice Breyer on #SCOTUS can't be confirmed in short order—and definitely before midterms.
2/ Of course, it's huge—and hugely important—that President Biden is getting a #SCOTUS pick. But note that it will slow down the confirmations of his pending picks for lower courts, plus new nominees.

(Totally worth it, of course, but I'm just noting this.)
3/ I don't think there is anything that Senator Mitch McConnell, who is no longer Majority Leader, can do to stop a #SCOTUS confirmation.

4/ I doubt @LeaderMcConnell could deny the Senate a quorum (as the Texas Democrats tried to do). A quorum is 51 senators, and I don't think Senator McConnell could get every single Republican senator to refuse to show up to consider a #SCOTUS nom.
5/ It looks like @SenSchumer won't be wasting any time on getting the Senate to consider a #SCOTUS nominee, as soon as we have one.👇

6/ When Judge Ketanji Brown Jackson was confirmed to the D.C. Circuit in June 2021, she received “yay” votes from Senators Collins, Murkowski, Manchin, and Sinema, en route to a 53-44 confirmation.

bit.ly/3KMbCSH #scotus
7/ Yes, you can argue that “#SCOTUS is different.” But the D.C. Circuit, a well-known springboard to the Supreme Court, ain’t chopped liver—and any senator who voted for Judge Jackson did so with the knowledge that she was a high-court contender.

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More from @DavidLat

Jan 26
2/ Check out this tweet from last week by @JeffreyToobin—quite prophetic:

3/ I think two of the leading contenders for Justice Breyer's #SCOTUS seat, Judge Ketanji Brown Jackson (D.C. Cir.) and Justice Leondra Kruger (California Supreme Court), would be difficult to oppose.

Read 43 tweets
Jan 25
1/ Interesting thread by @carlzimmer about his recent #covid19 experience. It also makes me wonder whether I had Omicron back in December, when I had a cough and cold symptoms.
2/ I had one PCR test and a few rapid antigen tests around the time I had a cough/cold symptoms, and they were all negative—but it’s possible they were too early or too late.
3/ My husband doubts I had Omicron because he never got symptoms or tested positive. But I’ve heard many stories now (like @carlzimmer’s) of one person in a household getting it and the others not getting it (or at least not showing symptoms).
Read 5 tweets
Jan 23
1/ THREAD. Here's the latest edition of "Judicial Notice," my weekly roundup of notable news in the legal world.

bit.ly/3GY9IME #appellatetwitter #SCOTUS #lawtwitter
2/ A quick note on the title of this post: it's a pun/literary reference, NOT an attempt to dismiss masking by equating it with "nothing."

For the past two years, I've been a spokesperson and poster boy for the importance of vaccines, masking, etc.
3/ Lawyers of the Week: Rudolph Giuliani, Sidney Powell, Jenna Ellis, and Boris Epshteyn

Judges of the Week: Chief Justice John Roberts and Justices Sonia Sotomayor and Neil M. Gorsuch

Ruling of the Week: McDougall v. County of Ventura
Read 6 tweets
Jan 21
1/ Ellis George Cipollone—fka Browne George Ross, before former White House Counsel Pat Cipollone and other WH alums joined—has just hired another former WH Counsel, Fred Fielding (who retired from @MorganLewisLaw in 2019).

bit.ly/3GTeH0X
2/ The article by @loveonlaw about Ellis George Cipollone hiring Fred Fielding notes that Tara Helfman, of counsel at the firm, will be clerking for Justice Gorsuch in October Term 2022.

bit.ly/3qPQumN #SCOTUS #appellatetwitter
3/ I shared Tara Helfman's hiring by Justice Gorsuch with readers of Original Jurisdiction back in September 2021, with this interesting tidbit: her #SCOTUS clerkship will be her first clerkship (see excerpt below).

bit.ly/33FCG5A #appellatetwitter Image
Read 5 tweets
Dec 29, 2021
1/ Ghislaine Maxwell, former companion to the disgraced (and deceased) Jeffrey Epstein, has been convicted in federal court of sex trafficking and four other charges.

#MaxwellTrialTracker #GhislaineMaxwellGuilty #ghislainemaxwell #ghislainemaxwelltrial
2/ The jury took the time to parse all the charges. Ghislaine Maxwell was acquitted on one count, enticing a minor to travel across state lines to engage in an illegal sexual act.

#GhislaineMaxwellGuilty #ghislainemaxwell #ghislainemaxwelltrial
3/ Ghislaine Maxwell's conviction doesn't come as a surprise to folks who were following the trial—e.g., former AUSA @MitchellEpner, whom I interviewed about the case.

bit.ly/3IQcjcT

#GhislaineMaxwellGuilty #ghislainemaxwell #ghislainemaxwelltrial
Read 4 tweets
Dec 15, 2021
1/ Interesting: @Cravath just withdrew as counsel in an antitrust case against Google, where Cravath was representing the liquidation trust for Unlockd, a startup that alleges that Google’s anticompetitive behavior drove it into bankruptcy.
2/ Cravath is being replaced by a @Cadwalader team led by Nicholas Gravante, Philip Iovieno, and Jack Stern. The three joined Cadwalader last year from Boies Schiller as part of CWT’s big push to grow its litigation practice.

bit.ly/3mu050b
3/ Fun fact: Nick Gravante, the high-powered litigator and Cadwalader partner who’s picking up the Unlockd case from Cravath, started his career as a Cravath associate.
Read 8 tweets

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