Mark Joseph Stern Profile picture
Mar 20 4 tweets 2 min read
FACT: Neil Gorsuch, Mike’s former boss, advocated for freeing 500,000 convicted sex offenders—including many child predators—from the federal sex offender registry’s requirements in Gundy v. US.

His opinion explains why Mike’s smears today are nonsense. supremecourt.gov/opinions/18pdf…
Gorsuch’s fight to free 500,000 sex offenders from the federal registry does not mean he’s soft on child predators. It means he applies his interpretation of the Constitution equally to the most hated and despised among us. That is a commendable trait, and one that KBJ shares.
By the way, Josh Hawley’s former boss John Roberts joined Gorsuch’s opinion.

SCOTUS clerks like Davis and Hawley understand that lawyers and judges who defend sex offenders are doing their job as the Constitution requires. They know these KBJ smears are baseless and disgusting.
For those who can’t see the original tweet. (I’ve edited it because Mike then launched a harassment campaign against OP which I don’t want to inadvertently aid.)

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More from @mjs_DC

Mar 17
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."
Read 9 tweets
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

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