David Lat Profile picture
May 3 4 tweets 3 min read
1/ I realize @ProfDBernstein is speaking tongue in cheek, but I do like how district judges sometimes share draft dispositions with the parties and let them point out factual errors, analytical issues, and the like. #SCOTUS #appellatetwitter
2/ See also @SCOTUSblog's tweet about "the ultimate crowdsourced draft dissent."

#SCOTUS
3/ Clarification: @ProfDBernstein is serious. 👇

I do think this presents some logistical challenges, including crazy lobbying after the release of initial drafts in controversial cases, but it's an interesting thought experiment.

4/ Interesting! And also noted by @AngelliAngelo as an increasingly popular practice in California.

The law review article was co-authored by my YLS schoolmate, @mbabramo, who is always a thoughtful observer.

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More from @DavidLat

May 3
1/ THREAD. Here's my "explainer" about the leaked draft #SCOTUS opinion in Dobbs, the major abortion case, which @Politico published last night.

bit.ly/3s90aZU #appellatetwitter
2/ Yes, it's a huge breach of #SCOTUS confidentiality, unlike anything I've seen in my 25 years of following and writing about the Court. (And it's a huge scoop for @alexbward and @joshgerstein of @Politico; whoever leaked to them put a lot on the line.)
3/ Please note: my post is about the leak itself, not the substance of the opinion or underlying issue of abortion.

For a reader's guide to the opinion, here's one by @EdWhelanEPPC, with page references to different sections:

bit.ly/3kA8q0N
Read 6 tweets
Mar 19
1/ A thoughtful thread by @LeanLawStrategy about the recent free-speech controversy at Yale Law School that raises an important, largely overlooked consideration: what does this say about legal education?👇👇👇
2/ Let's remember that @YaleLawSch is a LAW SCHOOL (at least in theory; I sometimes joke about my alma mater, which has a reputation for being theory-focused, that it's "a Ph.D. program where you can take the bar exam at the end").
3/ To quote from my original story:
Read 4 tweets
Mar 18
1/ THREAD. I have appended an update/correction to my Original Jurisdiction post from yesterday about the March 10 protest at Yale Law School.

The disruption was much worse than I originally reported. Here's the text of my update on @YaleLawSch. Image
2/ It wasn't just the event that was disrupted.

Classes were disrupted too, including Federal Courts (Judith Resnik) and Advanced Legal Writing (Rob Harrison).

The latter was in Room 121—the room farthest away from Room 127, where the event took place.
3/ Students in Federal Courts, across the hall from the event, reported that "the floor was shaking" and Professor Resnik asked on-call students to "yell" so they could be heard over the din.
Read 23 tweets
Mar 17
1/ THREAD. Sigh. Here are my thoughts on recent free-speech controversies at @UCHastingsLaw, where @ishapiro was shouted down, and @YaleLawSch, where a @YaleFedSoc event was disrupted (but at least not "canceled").

bit.ly/3JlPa1Q
2/ Some folks think I'm overly critical of law school administrators and faculty on these issues.

So I'd like to take this occasion to give props to Dean @DavidFaigman of UC Hastings and Professor Kate Stith of Yale Law for how they handled tough situations.
3/ Thanks to @aaronsibarium of @FreeBeacon, @robbysoave of @reason, and Eda Aker and @philipmousaviz1 of @yaledailynews for their earlier coverage of the YLS event (which I supplemented which some reporting of my own).
Read 17 tweets
Mar 16
Two years ago today, I was admitted to @nyulangone with #Covid19. I spent 17 days there, 6 of them on a ventilator.

I have an op-ed in today's @latimes:

"I nearly died from COVID. Now I’m letting go of the fear."

lat.ms/3JkkAFV @latimesopinion
2/ As I write, #Covid remains a serious threat. There are many things we still must do:

- improve vaccination rates
- protect the vulnerable
- treat #LongCovid
- support healthcare workers
- mourn the 6 million we've lost

But "panic" is not one of them.
3/ I've been scared for two years.

Scared for myself—will I get #COVID19 again?

Scared for my loved ones.

Scared for our country.

Scared for the world.

But now I'm tired of being scared. Image
Read 5 tweets
Feb 2
1/ THREAD. Good news: my #COVID19 antibody levels are literally off the charts. On a test where >0.79 is positive, my titer is >2,500.👇 Image
2/ But I believe the test I took, Elecsys® Anti-SARS-CoV-2 S, measures antibodies to the spike protein, i.e., from vaccination. So I think I’d need to take a nucleocapsid antibody test to learn if I had Omicron.
bit.ly/3Glx7Xo
3/ I think I might have had Omicron in December 2021, but I never tested positive on either a PCR or antigen test (perhaps because I didn’t get tested until having had symptoms for 5-7 days).
Read 5 tweets

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