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Anthony Michael Kreis Profile picture
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Aug 17 • 4 tweets • 2 min read
Let's talk about how bad this claim is by Gov. Kemp's team that sovereign immunity is a defense. "The King can do no wrong" is not a legal rule proper for a democratic society and is especially inappropriate for an investigation into a conspiracy to overthrow an election. #gapol ImageImage
cc: @tanulewicz
This is just an argument in favor of isolating constitutional officers from criminal inquiries.
The Georgia Constitution empowers DAs, the General Assembly has enacted the criminal code and established the Special Grand Jury. I'm not buying this argument. The other privilege claims can be sorted out just like others' claims have already.

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More from @AnthonyMKreis

Anthony Michael Kreis Profile picture
Aug 19
The NC Supreme Court gave a sensible and constrained test, recognizing the legislature's need to do business (including proposing constitutional amendments) but making clear they don't have unfettered power to remake rules in their favor when they're unconstitutionally elected.
On balance, the justices in the majority's reasoning is sound. The remedies for violations of the political process are broad while, at the same time, ensuring relatively narrow guideposts for what kinds of approved amendments will be invalidated on political process grounds.
The court tried to strike a smart balance between understanding the way an amendment process can be manipulated to constrain the political process while also not running roughshod over anything and everything a majority of voters directly approved of in an election.
Read 4 tweets
Anthony Michael Kreis Profile picture
Aug 19
Here's tl;dr from the NC Supreme Court.

There's no unquestioned authority of a racially gerrymandered legislature to amend the NC Const.

Margins matter. If a substantial number of legislators representing unconstitutional districts were dispositive, exacting review triggered.
Review must ask three things:

Does the amendment:

"(1) immunize legislators elected due to unconstitutional racial gerrymandering from democratic
accountability going forward;

(2) perpetuate the continued exclusion of a category of
voters from the democratic process; or
(3) constitute intentional discrimination against the same category of voters discriminated against in the reapportionment process that resulted in the unconstitutionally gerrymandered districts."
Read 5 tweets
Anthony Michael Kreis Profile picture
Aug 19
🚨🚨🚨 North Carolina Supreme Court: racially gerrymandered North Carolina General Assembly, as an unconstitutionally constituted legislature, did not have the power to propose amendments to the North Carolina Constitution. appellate.nccourts.org/opinions/?c=1&…
For the North Carolina Supreme Court, it isn't the case that the legislature was inherently unable to act but the margins of proposed amendments were such as to suggest the proposals may not have passed but for legislators representing unconstitutionally gerrymandered districts. ImageImageImageImage
This is the basic takeaway.
Read 4 tweets
Anthony Michael Kreis Profile picture
Jun 15
I've some thoughts on this. (1) I don't think it'll succeed and (2) we should be skeptical of letting it. To the first point, I'm hard-pressed to think that a Fla. court will find that the state doesn't have a compelling interest in protecting fetal life. miamiherald.com/news/politics-…
Florida has a state RFRA, which is more exacting than the current demands of the First Amendment. However, if Roe/Casey are overturned, I do not see the conservative Florida judiciary buying it. If there's any room here, it would probably be in the least restrictive means prong.
It is possible but an uphill battle. To the second point, I think liberals have to ask whether they want religious objectors to have the ability to become laws unto themselves. That seems like a dangerous precedent to set even if the cause in this particular instance is just.
Read 4 tweets
Anthony Michael Kreis Profile picture
May 2
Good morning— a big day in Georgia— today, Fani Willis will empanel a special grand jury to investigate whether Donald Trump et al violated state law in the aftermath of the November 2020 election. A quick primer 🧵 about what’s at stake in Fulton County court today. #gapol
The special grand jury will serve as an investigatory body. Unlike other grand juries, they won’t have the power to indict but make recommendations after a more lengthy and singularly focused mission, which is different than other grand juries. Given how big this case is…
it makes sense for the DA to approach this investigation with extra care and to make sure no stone is left unturned. A lot of folks will say that something criminal happened and Trump’s phone call is alone sufficient evidence of something criminal, surely. Not so fast though.
Read 9 tweets
Anthony Michael Kreis Profile picture
Apr 5
Good morning, #gapol, after some time and thinking about the anti-trans sports bill, I have some more solidified thoughts on what the General Assembly did last night. Long story short? It is not good news for trans kids; but it could be much worse. A mini thread on HB1084:
Under HB1084, the Georgia High School Association is allowed to create rules based on gender to keep trans girls from playing in female athletics. First of all, this is permissive not mandatory-- so the GHSA could do nothing and let this all pass. But the authority delegated...
is not really defined. Gender and sex are not the same. So, it seems like a strange delegation of authority to regulate based on gender and not sex assigned at birth if the goal is to keep trans girls from playing consistent with their gender identity. Let's assume...
Read 7 tweets

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