Chris “Law Dork” Geidner Profile picture
Nov 26, 2022 7 tweets 3 min read Read on X
I said what I said!
Mmmmhhmmm. #GoBuckeyes!
GO BUCKEYES!

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More from @chrisgeidner

Jul 18
BREAKING: The full Fifth Circuit, on a 13-6 vote, upholds Mississippi’s lifetime ban on voting by those convicted of any of a number of felonies. A prior three-judge panel had held that the ban violates the 8th Amendment. The full court rejected that. storage.courtlistener.com/recap/gov.usco…
IV. Holding Art. XII, Section 241 of the Mississippi Constitution categorically unconstitutional, even as to a limited set of offenders, is at odds with the Supreme Court's and other courts' decisions, would thwart the ability of the State's legislature and citizens to determine their voting qualifications, and would require federal courts overtly to make legislative choices that, in our federal system, belong at the State level. The district court's judgment denying relief to the Plaintiffs is AFFIRMED.
Judge Edith Jones, a Reagan appointee, writes the court’s opinion upholding Section 241 of the Mississippi Constitution. Here is that provision, which lists the convictions subject to lifetime disenfranchisement. Section 241 of the Mississippi Constitution: Every inhabitant of this state, except idiots and insane persons, who is a citizen of the United States of America, eighteen (18) years old and upward, who has been a resident of this state for one (1) year, and for one (1) year in the county in which he offers to vote, and for six (6) months in the election precinct or in the incorporated city or town in which he offers to vote, and who is duly registered as ovided in this article, and who has never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false prete...
Judge James Dennis, a Clinton appointee, wrote for the six dissenters. Denying released offenders the right to vote takes away their full dignity as citizens, separates them from the rest of their community, and reduces them to "other" status. I respectfully dissent.
Read 4 tweets
Jun 20
It's a two-box day at SCOTUS, meaning we're expecting three or four opinions (or two very long opinions). Decisions starting at 10a.
First up, Moore v. US. Kavanaugh has the opinion affirming the Ninth Circuit. The Moores lose. The Mandatory Repatriation Tax is constitutional.

It is 5-2 (concur in judgment)-2 (dissent).

Alito did not recuse.

supremecourt.gov/opinions/23pdf…
Kavanaugh is joined by the Chief and the liberals to craft the majority.

Barrett, with Alito, concur in judgment, highlighting that this is a closely held foreign corporation at issue.

Thomas, with Gorsuch, dissent, saying the tax should be found to be unconstitutional.
Read 8 tweets
Apr 16
Breaking: Booksellers' challenge to Texas's book-ban regime succeeds at the Fifth Circuit.

Today, the full Fifth Circuit announced that the far-right judges of the court LOST a vote for rehearing en banc 8-9 after a 3-judge panel had previously upheld the dist ct's injunction. PUBLISHED ORDER Before Wiener, Willett, and Douglas, Circuit Judges. Per Curiam: The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified United States Court of Appeals Fifth Circuit FILED April 16, 2024 Lyle W. Cayce Clerk No. 23-50668 2 not having voted in favor (Fed. R. App. P. 35 and 5th Cir. R. 35), on the Court’s own motion, rehearing en banc is DENIED. In the en banc poll, eight judges voted in favor of rehearing (Chief Judge Richman and Judges Jones, Smith, Elrod, Ho, Duncan, Engelhardt, an...
Surprising no one, Ho wrote to express his dissent. storage.courtlistener.com/recap/gov.usco…
Here's the panel's decision, which was unanimous and by Willett: storage.courtlistener.com/recap/gov.usco…
Read 4 tweets
Mar 4
There is highly questionable action from the Fifth Circuit this weekend, flagged to me by @steve_vladeck. On Saturday, the Fifth Circuit issued "a temporary administrative stay," allowing Texas S.B. 4 — the challenged Texas immigration law — to go into effect in 7 days. COURT ORDER granting a temporary administrative stay is granted. The Appellees’ request to stay the temporary administrative stay for seven days following the date hereof pending an application to the Supreme Court of the United States is granted. It is further ordered that this appeal is expedited to the next available Oral Argument Calendar.It is further ordered that Appellants’ opposed motion for a stay pending appeal is deferred to the oral argument merits panel thatreceives this case. [43] [24-50149] (CCR) [Entered: 03/02/2024 06:13 PM]
Here's my thread on the preliminary injunction ruling from Feb. 29:
Here are Steve's tweets on the Fifth Circuit's order:
Read 9 tweets
Jan 2
BREAKING: Fifth Circuit holds that fed'l emergency room protections (EMTALA) do not mandate that physicians provide abortions when that is the "stabilizing treatment" needed, upholding an injunction issued in a lawsuit brought by Texas. More to come: lawdork.com
For background on this issue (while I'm reading and writing), here's some a post relating to the still-pending SCOTUS stay application filed by Idaho in the inverse EMTALA litigation, where DOJ sued Idaho: lawdork.com/i/139439910/th…
Read 4 tweets
Dec 28, 2023
"What do you want me to say about slavery?" should be the end of Nikki Haley's political career. Q: What was the cause of the United States Civil War? Haley: Well, don’t come with an easy question or anything. I mean, I think the cause of the Civil War was basically how government was going to run. The freedoms and what people could and couldn’t do. What do you think the cause of the Civil War was? Q: I’m not running for president. I wanted to hear you view on the cause of the Civil War. Haley: I mean, I think it always comes down to the role of government. We need to have capitalism, we need to have economic freedom, we need to make sure that we do all things so that individuals have ...
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Read 4 tweets

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