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Neal Katyal Profile picture
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Dec 8 • 4 tweets • 2 min read
Such a privilege to argue #MoorevHarper in the Supreme Court on behalf of Becky Harper, @CommonCause & other voter protection groups. Anything you liked in my argument was really the product of incredible work by so many, especially @judgeluttig, Abha Khanna, Elisabeth Theodore +
Stanton Jones, Allison Riggs, Katie Wellington, Will Havemann, Olivia Molodanof, Sam Hirsch, Jessie Amunson, Zach Shauf, Erik Zimmerman, and many many more.

A decision is expected by June, 2023.
I can't tell you how many sleepless nights these people put into this. If you know any of them, please thank them.
I just realized my list of attorneys deleted Mike West, a brilliant @HoganLovells attorney who spent months on the history, espec all the early state constitutions—the most essential work. When composing my tweets I moved some names to fit in 280 chars, lost his in cut and paste

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More from @neal_katyal

Neal Katyal Profile picture
Oct 19
With huge thanks to so many who have worked around the clock for months, we have just filed our merits brief in Moore v Harper, the “Independent State Legislature Theory” case that the Supreme Court will hear on December 7. ImageImageImageImage
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This was an extraordinary team made up of phenomenal advocates who dropped everything to work untold hours on this brief.
Read 5 tweets
Neal Katyal Profile picture
Sep 5
This special master opinion is so bad it’s hard to know where to begin:
1. She says Biden hasn’t weighed in on whether docs protected by Exec Privilege. Nonsense. The archives letter (which DOJ submitted to the Judge) makes it clear current President thinks none of this ...
is privileged. Archivist says it is “not a close” question
2. Judge enjoins the entire investigation because some of the material might be subject to Executive Privilege. But Executive Priv isn’t some post-presidential privilege that allows Presidents to keep documents after ...
they leave office. At most, it simply means these are Executive documents that must be returned to the archives. It doesn’t in any way shape or form mean they can’t be used in a criminal prosecution about stolen docs...
Read 11 tweets
Neal Katyal Profile picture
May 3
THREAD My Thoughts on @politico story saying the Court voted to say Roe v. Wade is fully overruled.

I’ve quickly scanned the draft opinion and it appears legitimate. This means there was a preliminary vote to fully overrule Roe V Wade and that a majority of the Court agreed.
There are lots of signals the opinion is legit. The length and depth of analysis, would be very hard to fake. It says it is written by Alito and definitely sounds like him. It’s 60+ pages long.
If this is a deep fake, it would require a state actor or someone like that. I can’t imagine that.
Read 10 tweets
Neal Katyal Profile picture
Mar 3
This is big. 1/6 committee just said they have a good-faith belief that Trump committed crimes.
"The Select Committee also has a good-faith basis for concluding that the President & members of his Campaign engaged in a criminal conspiracy to defraud the US in violation of § 371"
Read 5 tweets
Neal Katyal Profile picture
Jan 7
Justice Kagan is flaying the small business lawyer Scott Keller right now. Oh my.
Her point is that the extraordinary nature of the pandemic justifies the vaccine mandate. He hasn't provided a coherent answer.
Now Chief Justice Roberts joins in on this line of questioning, piling on. Challengers are having a hard time. Still have not heard from Justices Barrett and Kavanaugh though.
Read 16 tweets
Neal Katyal Profile picture
Jan 6
My new @TheAtlantic 1/6 piece: "This investigation into high-level wrongdoing is the greatest test an AG could face.Right now,despite what he said in yesterday’s generally good speech,it is worth worrying about whether Merrick Garland is failing that test"
theatlantic.com/ideas/archive/…
Read 4 tweets

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