With the @nytimes writing a news article about #NoOnLaSalle and some shady coalition paying for advertisements (!) on behalf of LaSalle, I am reminded of the major power imbalance in this fight. (1/5)
The editorial and news teams at @nytimes have ignored our calls for coverage of New York courts for *years.* Now they wade in and interview several institutional pro-LaSalle figures and *none* opposed. I wonder who put them up to that piece? (2/5)
Meanwhile after attacking advocates over how this was supposed to be a “non political” process (?), I am seeing paid ads asking for folks to call their senators to urge LaSalle’s confirmation. I wonder who is paying for these and what they think about politicization? (3/5)
LaSalle’s critics remain better informed and better organized. But his institutional defenders have always had the money, power, and connections.

Honestly it’s reassuring to see the old order reassert itself like this. I was beginning to worry I’d misread the situation. (4/5)
This coordinated defense of LaSalle is a PR stunt. They have access to institutional media, money, and connections.

On the other side is his record, labor, civil society, and New Yorkers. I am furious — and grateful to the political leaders who see through this. (5/5)

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More from @narosenblum

Jan 13
Today, a truly remarkable document has been published by retired Justices -- a letter that purports to be in support of LaSalle but that inadvertently reveals some of the very problems that have led professors like me to call for reform. urldefense.proofpoint.com/v2/url?u=https… (1/10)
As a threshold matter, the letter is striking: judges as politicians. It reminds me of an amicus brief I encountered when I was a law clerk signed by Lippman and other ex-COA judges explicitly trading on their prestige as judges while in fact acting as interested parties. (2/10)
But this letter is even weirder. Leave aside the inflammatory language -- ex-judges saying that I and other profs are "woke" and "spew[ing] false[hoods]." The core claim is that it is wrong to use memorandum opinions to understand LaSalle's judicial philosophy. (3/10) Image
Read 10 tweets
Jan 3
Lawmakers, academics, and advocates have already discussed why LaSalle is the wrong choice for New York on labor, repro rights, and criminal legal reform. I want to draw attention to another worrying aspect of his record: ethics and transparency (1/11).
New York has a history of major ethical violations by prosecutors. Judges are responsible for disciplining prosecutors when they break the law. Unfortunately, LaSalle has used his power as PJ to uphold frightening levels of secrecy around widespread prosecutorial abuse. (2/11)
The 2nd Dept has been *notorious* for its lack of accountability. In fact, a group of professors at other schools partnered with Civil Rights Corps to file ethics complaints and post them online to draw attention to the problem—accountabilityny.org (3/11)
Read 11 tweets
Dec 19, 2022
This touched on a really important point I emphasize in my Constitutional Law class. It’s not an accident that the 14th amendment is hard to reconcile with the original constitution. (1/5)
The 14th amendment is part of what Eric Foner’s new book rightly calls The Second Founding. It is a rejection, rewriting, and renovation of the Constitution, and it is deeply indebted to radical and Black abolitionist thought. (2/5) wwnorton.com/books/97803933…
If it reads like the Southern, pro-slavery, states-rights tradition of the original Constitution is missing there, that’s on purpose. The 14th is the product of victory. If you read the whole 14th, it is essentially part of the terms of Southern surrender and readmission. (3/5)
Read 6 tweets
Jun 8, 2022
I can’t with the @nytimes headline this morning. California voters did not “send a message to the Democrats and the nation.” Rather, about 35K people more voted to recall Boudin than voted to retain him, in a recall process that all have acknowledged is structurally flawed. 1/4
I’m no expert on California politics but the idea that this is some kind of grand national communiqué is laughable. Even compared to the off-cycle 2019 election that brought Boudin in, there were fewer votes to recall him than were won by his opponent then. 2/4
Meanwhile, the @nytimes’ misleading headline isn’t just an honest mistake or a necessary framing device. It is taking a position in a political fight. It is the reading that *one group of political actors wants* to give to this outcome. And the @nytimes presents it as a fact. 3/4
Read 4 tweets
May 8, 2022
The debate about protest at Supreme Court justices' homes and the recent death of the great legal historian John Phillip Reid (along with the scurrilous attacks on @joshchafetz) have me thinking again about Reid's great essay on the legality of the mob in US legal history. (1/6)
Some people seem to think that forms of mass protest that make elites uncomfortable have no place in our democracy. This, of course, was the Tory position in the lead up to the Revolution. They lost. (2/6)
According to Reid, the successful Whig revolutionaries distinguished between illegitimate forms of mass protest, like burning down Thomas Hutchinson's house, and legitimate forms, like scaring the Boston stamp agent, Andrew Oliver, into resigning his position. (3/6)
Read 6 tweets

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