Mark Joseph Stern Profile picture
Feb 1 8 tweets 4 min read
THREAD: Thousands of gay elders who were unlawfully denied the right to marry are suddenly eligible for millions of dollars (cumulatively) in @SocialSecurity survivor's benefits. This is excellent news.

The problem? Most of them have no idea. (1/8) slate.com/news-and-polit…
Biden's Justice Department recently settled two class action lawsuits brought by surviving partners of same-sex couples who could not marry because of an unconstitutional ban.

The government will now pay out benefits to survivors who would have married but for these bans. (2/8)
As the @nytimes reported, these payouts are substantial. One gay man whose partner died in 2014 received a $90,000 retroactive payment upfront, plus $1,800 monthly checks moving forward. Other gay elders are eligible for more, but do not know it. (3/8)
nytimes.com/2022/01/23/hea…
The government is also paying out benefits to surviving partners of same-sex couples who were not able to marry for nine months (the amount of time typically required to trigger benefits) due to unconstitutional marriage bans. But it doesn't know who most of them are. (4/8)
There are thousands (perhaps tens of thousands) of gay elders who are entitled to survivor's benefits every single month. (The average check is about $1250.) Those who previously applied for these benefits and were denied are also entitled to a large lump sum upfront. (5/8)
This is where you come in.

@LambdaLegal (which litigated these cases) and @SocialSecurity do not know how to identify the many people eligible for this money. They need your help.

Do you know any gay widows/widowers who were denied the right to marry? Reach out to them. (6/8)
Any surviving partner of a same-sex couple denied the right to marry may be entitled to a substantial monthly check. And those who tried and failed to claim these benefits in the past may receive a large upfront payout, too.

I know it might sound like a scam. It isn't! (7/8)
So far, @SocialSecurity has identified just 700 people who qualify. @LambdaLegal says this figure is "the tip of the iceberg."

I encourage you to share this news to help gay elders claim the money that was unlawfully denied to them for far too long. (8/8)
slate.com/news-and-polit…

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More from @mjs_DC

Feb 2
THREAD: You may already know that the 5th Circuit—the most conservative appeals court in the country—downplays or rejects basic facts about the health risks of COVID in its decisions.

Here's one alarming example of how this attitude imperils lawyers before the court. (1/5)
In December, Justice Department lawyer Joshua Koppel asked the 5th Circuit if he could participate in oral arguments remotely. He did not want to travel to the courthouse in New Orleans because he has two young children who have not been vaccinated. (2/5) documentcloud.org/documents/2119… ImageImage
The 5th Circuit panel—Jones, Elrod, and Oldham, all Republican—denied his request, making him travel to New Orleans.

Fast forward to arguments in January. Koppel wore a mask and kept it on when he approached the lectern.

Then the trouble started. (3/5)
documentcloud.org/documents/2119… Image
Read 5 tweets
Jan 31
Firing Ilya Shapiro is the coward's way out. @GeorgetownLaw knew exactly who he was when it hired him. His racist tweets were part of a longstanding pattern of bigoted trolling. The school is only backtracking because its own bad decision has blown up in its face.
These comments from @AdamSerwer, @JillFilipovic, and @HeerJeet capture my thoughts. I'll add one more: If GULC was willing to ignore Ilya's pattern of racist trolling before, it cannot credibly pretend to suddenly care now. The school knows exactly what it signed up for.
As a frenzied mob of grievance conservatives redirects attention to me, I'd like to reiterate (1) Ilya is responsible for his own words, (2) I do not make GULC's employment decisions, and (3) criticizing a public figure's behavior does not constitute an attempt to get them fired.
Read 5 tweets
Jan 27
In 1966, LBJ nominated the first Black woman to the federal judiciary. Constance Baker Motley was a brilliant litigator who had argued 12 Supreme Court cases and represented Black defendants in the Jim Crow South.

But critics said she wasn’t qualified. slate.com/news-and-polit…
The white men who ran the American Bar Association were hesitant to deem Motley “qualified” because she lacked “experience”—a flagrantly false claim.

In truth, they just assumed that a Black woman couldn’t possibly be as qualified as more traditional (white male) nominees.
Racist senators insisted that Motley—who helped Thurgood Marshall litigate Brown v. Board of Education—was, in modern parlance, a mediocre affirmative action pick.

Meanwhile, no one ever questioned whether white men ever got nominated because they were, you know, white men.
Read 7 tweets
Jan 27
I hate to draw attention to this troll because attention is what he craves. But now that @GeorgetownLaw has hired him, I feel an obligation to condemn his overt and nauseating racism, which has been a matter of public record for some time. I am deeply ashamed of my alma mater.
Let's be clear: Shapiro would have accused ANY Black woman nominee of having a "lesser" intellect—even if Biden had not announced his demographic criteria beforehand. That's how he smeared Sotomayor, even though Obama never promised to nominate a Latina. cnn.com/2009/POLITICS/…
To Shapiro, the nomination of any woman of color is inherently suspect. He simply cannot see how such a candidate might have earned the position; he assumes she coasted, undeservedly, on affirmative action. And he doesn't see how this belief is colored by his own racism.
Read 5 tweets
Jan 25
If Florida Republicans’ new anti-gay bill passes, parents can sue a public school that “encourage[s] classroom discussion about sexual orientation or gender identity” in a manner that is not “developmentally appropriate.” If they win, parents get damages and attorneys’ fees.
This bill has already passed out of a House committee and appears to be racing through the legislature. It would gag pretty much all discussion of LGBTQ people or issues at Florida public schools (unless teachers wanted to risk ruinous lawsuits). flsenate.gov/Session/Bill/2…
Off topic, but bills like this remind me how sad it is that some gays (primarily men?) pretend the Republican Party doesn’t hate gay people any more. Like, dude, they hate you so much that are outlawing the mere mention of homosexuality in schools! How much clearer can they be?
Read 5 tweets
Jan 24
The Supreme Court's first and only opinion today is in a boring ERISA case that I did not follow. supremecourt.gov/opinions/21pdf… 🤷‍♂️
I really do try to follow every dispute that the Supreme Court deems important enough to take up, but I simply must draw the line at ERISA and FERC cases. Otherwise I may truly lose the will to live.
Sometimes Alito recuses himself from FERC cases because his personal investments create a conflict of interest. I have a theory that he holds onto those stocks just so he has an excuse to bow out. Can't blame him.
Read 4 tweets

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