Mark Joseph Stern Profile picture
Mar 17 9 tweets 3 min read
Incidentally, Judge Laurence Silberman just sent this email to the listservs for all Article III judges in the United States. “To all Article III judges,  The latest events at Yale Law
Confirmed by multiple sources who saw the email fyi.

I know we had a big conversation on here about the propriety of complaining to someone’s prospective employer about their free expression of unpopular views, so I’m sure Silberman’s email will be condemned across the aisle.
Judge John Walker, a Reagan/GHWB nominee on the 2nd Circuit, responded to Silberman: "Thank you for your email. I couldn't agree more."
Judge Donald Graham, another GHWB nominee who serves on a district court in Florida, responded: "Shouldn't there be a finding that a student acted inappropriately at least by the institution of higher learning. I don't intend to get into the fact finding process." How would we as judges all over the country know about the a
From Judge Andrew Gordon, an Obama nominee on the district court in Nevada:

“Please do not hit ‘reply all.’ It's very distracting to receive all these comments when I'm trying to get my work done. And it clogs up my email inbox.”
There's mixed reporting about what, exactly, happened at YLS. The Yale Daily News suggests that the protest occurred at the start of the event but did not meaningfully interrupt it. After the walkout at the beginning, the ADF attorney spoke uninterrupted. yaledailynews.com/blog/2022/03/1…
The Washington Free Beacon article complains that students protested in the hallway during the event, which irked those attending, but it does not say that anyone's speech was actually silenced. The video also confirms parts of the Yale Daily News report. freebeacon.com/campus/hundred…
From reports, video, and firsthand accounts, my read is that the protesters interrupted the event at the very beginning—before the ADF attorney started speaking—then either walked out (and protested in the hall) or held signs (without speaking) for the duration of the event.
At a minimum, I think it is safe to say that YLS' decision to station two plainclothes officers in the room, then call in four armed officers to respond to the protest, was an overreaction.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Mark Joseph Stern

Mark Joseph Stern Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @mjs_DC

Mar 7
BREAKING: SCOTUS has refused to stay congressional maps drawn by the state Supreme Courts of North Carolina and Pennsylvania.

Alito, Thomas, and Gorsuch dissent from the North Carolina decision. Orders posted shortly.
Here is the NC order.

Alito, Thomas, and Gorsuch, say the NC Supreme Court's maps likely violate the Elections Clause, endorsing the independent state legislature theory.

Kavanaugh says the Purcell principle requires SCOTUS to stay out of it—for now. s3.documentcloud.org/documents/2139…
Here is the Pennsylvania order denying an injunction. No noted dissents. The court notes that the case has been referred to a three-judge court and the parties can appeal from its decision to grant or deny an injunction. s3.documentcloud.org/documents/2139…
Read 10 tweets
Mar 7
The Supreme Court’s first and only opinion of the day is in Wooden v. US, an ACCA case. In an opinion by Kagan, the court (somewhat surprisingly) rejects a sentence enhancement for the defendant! supremecourt.gov/opinions/21pdf…
Gorsuch and Sotomayor team up again, this time to (1) encourage application of the rule of lenity in ACCA cases and (2) note the substantial jury trial issue that “simmers beneath the surface of today’s case.” supremecourt.gov/opinions/21pdf…
The court unanimously holds that multiple crimes committed in the course of a single spree count just once under ACCA, but splinter in a few different directions on specific aspects of the decision. It’s a good outcome IMO and I like Gorsuch’s concurrence. supremecourt.gov/opinions/21pdf…
Read 4 tweets
Mar 6
Florida prohibited gay people from adopting children—and was the last state to do so—until 2010, when a court struck down the ban.

Now Ron DeSantis’ press secretary is accusing gay teachers of “grooming” students simply by being openly gay. You see where this is going, right?
If DeSantis’ press secretary thinks gay teachers are “grooming” students, imagine what she says about same-sex parents in private.

Florida is going down a dark road, reviving bigoted myths about the need to protect children from gay predators. This won’t stop with schools.
Also for the thousand time, the Florida gag law is NOT limited to 4-8 year-olds, it applies to all grades, and the fact that its proponents keep lying about this fact illustrates how indefensible it is. slate.com/news-and-polit…
Read 4 tweets
Mar 4
Judge Richard Myers, a Trump nominee, has GRANTED Madison Cawthorn's request for a preliminary injunction barring the North Carolina State Board of Elections from determining whether to disqualify Cawthorn from the 2022 ballot. I will have more info and hopefully an order soon.
Right now there is only a minute entry on the docket: "The court finds Plaintiff is likely to succeed on the merits of the case. The court grants Plaintiff's Motion for Preliminary Injunction ... A written order to follow." courtlistener.com/docket/6264187…
It appears this Trump judge accepted Cawthorn's theory that NO ONE can be disqualified from the ballot for engaging in insurrection because the 1872 Amnesty Act applies prospectively.


That is an extremely bizarre theory. slate.com/news-and-polit…
Read 5 tweets
Mar 4
The Supreme Court's first (but not last) opinion of the day is FBI v. Fazaga, which I've uploaded here because the website is buggy. s3.documentcloud.org/documents/2134…

The court unanimously holds that a provision of FISA does not displace state secrets privilege in an opinion by Alito.
Your REAL friends upload opinions to DocumentCloud when the SCOTUS website is bugging out. Just saying.
The Supreme Court upholds Dzhokhar Tsarnaev's death sentence in a 6–3 vote with all three liberals dissenting. This is the final opinion of the day. supremecourt.gov/opinions/21pdf…
Read 6 tweets
Mar 3
The Supreme Court's first opinion of the day is in US v. Zubaydah. Breyer holds that the state secrets privilege applies to Zubaydah's attempt to confirm the existence of a secret CIA detention facility in Poland. But the court is BADLY split.
supremecourt.gov/opinions/21pdf… Image
In a pretty extraordinary dissent, Gorsuch, joined by Sotomayor, says the government wants to dismiss this suit to conceal evidence that it "brutally" tortured Zubaydah (which is true).

"We should not let shame obscure our vision."
supremecourt.gov/opinions/21pdf… Image
Gorsuch: "There comes a point where we should not be ignorant as judges of what we know to be true as citizens. ... Ending this suit may shield the government from some further modest measure of embarrassment. But respectfully, we should not pretend it will safeguard any secret." Image
Read 7 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!

:(