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Dec 5 • 5 tweets • 2 min read
Alito: JDate ... is a dating service, I gather, for Jewish people.

Kagan: It is.

Alito: Maybe Justice Kagan will also be familiar with the next website I'm going to mention ... AshleyMadison.com.
Alito asks a hypothetical about a Black Santa at the mall who doesn't want to have his picture taken with a child dressed up in a KKK outfit. It culminates with Alito quipping:

"You do see a lot of Black children in Ku Klux Klan outfits, right? All the time."
Gorsuch presses Colorado Solicitor General Eric Olson to say that Colorado forced Jack Phillips, the anti-gay baker in Masterpiece Cakeshop, to undergo a "reeducation training program." Olson resists.
It does not bode well for the future of civil rights law that Gorsuch believes a state imposes "reeducation training" on employers when it reminds them how to comply with nondiscrimination rules.
I actually wrote about this at the time—Gorsuch appears to believe it is unconstitutional for the government to tell employers they must train their workers to comply with civil rights law. He is still angry about this issue five years later. slate.com/news-and-polit…

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More from @mjs_DC

Mark Joseph Stern Profile picture
Dec 5
Today's Supreme Court case, 303 Creative, asks whether a website designer, Lorie Smith, can refuse to sell her product to same-sex couples.

But no same-sex couple has tried to buy her product. ADF sued on her behalf before anyone asked, which gives it control over the narrative.
In Masterpiece Cakeshop, the narrative was clear: A same-sex couple faced discrimination from a baker. Both sides made their case to the press.

But there's no actual victim here. So ADF has fashioned Lorie Smith into the victim of a tyrannical state hellbent on persecuting her.
Check out the lead photos on 303 Creative from NYT and WSJ. ADF's fine-tuned publicity machine got Lorie Smith's side of the story in the pages of every leading paper. Made her sound extremely sympathetic. Gave her great exposure. Who spoke for the other side? No one, really. ImageImage
Read 8 tweets
Mark Joseph Stern Profile picture
Nov 29
The attack on Paul Pelosi "disappeared" if you ignore the San Francisco District Attorney's press statement yesterday explaining that prosecutors and defense counsel held a status hearing and the court scheduled a preliminary hearing date where further evidence will be disclosed. Image
So many self-proclaimed conservative media critics have zero journalistic abilities and lie with total abandon to promote right-wing conspiracy theories while accusing legitimate journalists of propaganda. Their job is to pollute this website with falsehoods. It's pathetic.
The reality is that there often isn't much news to report right after a defendant's arrest and arraignment. Anyone with basic knowledge of court reporting would understand why the Pelosi attack fell out of the news cycle. There is nothing suspicious about the lack of new details.
Read 4 tweets
Mark Joseph Stern Profile picture
Nov 12
This is what Trump inflicted on us by stacking the federal judiciary with partisan extremists, and it’s horrifying. But Democrats have an extraordinary opportunity to dilute the influence of these radicals if they keep up the pace of judicial confirmations for two more years.
On a more tragic note, domestic abusers are significantly more likely to commit violent crimes, especially with firearms, usually against their partners. This disgusting decision will, if upheld, condemn countless women to be murdered. It’s nauseating to contemplate.
(This judge was initially nominated by Obama *on the recommendation of Texas Republican as part of a confirmation deal,* but did not get confirmed. Trump happily renominated him and got him through the Senate. There are a handful of liberal Trump nominees for the same reason.)
Read 4 tweets
Mark Joseph Stern Profile picture
Nov 8
Timeline cleanse: We adopted a four-year-old blue-crowned conure! His name is Toro. He is a VERY good boy. A stunningly handsome green and blue parrot standing on a gl
We are still learning his vocabulary. He LOVES to say “peek-a-boo!” when we least expect it.
Toro loves taking baths under the faucet as long as the water is perfectly warm Toro the conure dancing under the faucet with his wings stre
Read 6 tweets
Mark Joseph Stern Profile picture
Nov 7
Twitter's future is suddenly uncertain, and with it, the fate of my own online community. I'll explain more below, but for now: If you'd like to keep in touch, and be the first to know where I'm going if Twitter implodes, please provide your email here. markjosephstern.com/stay-in-touch
This isn't a newsletter subscription or a promotional listserv. I won't share or sell your data to anyone. This is just an effort to keep in touch and let you know what I'm up to, since it seems unclear whether this platform can survive for another week, let alone another year.
I haven't switched to any other platform. But I just don't know where things are heading here. I really value this community of people who care deeply about the law and the courts. I don't want to lose it! And right now, this is my best backup plan. markjosephstern.com/stay-in-touch
Read 5 tweets
Mark Joseph Stern Profile picture
Nov 7
Supreme Court orders list is here: supremecourt.gov/orders/courtor…

Some interesting dissents. Gorsuch argues that the 6th Amendment guarantees a 12-member jury for serious crimes. Kavanaugh would also take up the case. The State of Arizona convic...
Thomas once again calls for overruling the Feres doctrine, a judge-made principle that bars military personnel from suing for an injury "incident to military service." (I think he's absolutely right.) supremecourt.gov/orders/courtor… JUSTICE THOMAS, dissenting ...
Sotomayor, joined by Jackson, would summarily reverse a lower court decision finding that a prosecutor's egregious and prejudicial misconduct at trial was a "harmless error." (The facts are galling.) supremecourt.gov/orders/courtor… JUSTICE SOTOMAYOR, with who...
Read 6 tweets

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