Eric W. Profile picture
Jul 22 5 tweets 3 min read Read on X
The district court in Massachusetts enjoined Congress from cutting funding for Planned Parenthood. Abandoning it's earlier Bill of Attainder theory, the Court finds that Congress passing a law defunding PP violates their First Amendment and Equal Protection rights. I'm skeptical! Image
Let's look first at the First Amendment claim. Basically: PP & affiliates lobbies and engages in advocacy. Cutting their funding impedes that. So Congress may not cut. By that logic, Congress may not cut funding to *any* organization, esp. if it discourages affiliates Image
Image
Next, let's look at Equal Protection. Because the Court finds that the PP affiliation is expressive, cutting the funding is subject to...strict scrutiny? On my quick read this section went over my head. Not really sure why this is an EPC rather than another (odd) 1A claim Image
Image
Read the full opinion here: storage.courtlistener.com/recap/gov.usco…
Addendum: FRCP 65(c) is really grinding my gears. A PI may issue *only* if the movant gives security. Here, the federal government may be forced to pay PP affiliates millions+ of dollars. (The injunction only applies to 10 affiliates.) Why not make them put up bond? Image

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Eric W.

Eric W. Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @EWess92

Jul 16
Must Chief Judge Boasberg recuse? One reason for recusal is the appearance of impropriety. Given the public reporting on the Judge's specific concerns about President Trump I think it has to be addressed. Even if the Judge can be neutral, the appearance here is 👀
Yikes -- pretty bad timing by Judge Boasberg. It is a real shame that judges are not extending to President Trump the same grace as extended to any other President. Especially given his zealous commitment to the rule of law and norms
For those who are interested, I was called out for succumbing to silly concerns, and posted a response here: . Happy to share good-faith criticisms as always!
Read 8 tweets
Jul 11
HUGE National Security win for President Trump. Secretary of Defense is able to withdraw from President Biden administration's last minute attempt to avoid death penalty for September 11 attackers. Long opinion by Judges Millett and Rao, concur/dissent in part by Judge Wilkins Image
Image
Read the full 125 pages of opinion here: media.cadc.uscourts.gov/opinions/docs/…
This is a "rare case" where the "extraordinary form[]" of relief in mandamus and prohibition is met. Rightly so! Image
Read 4 tweets
Jul 7
It cannot be that every Presidential policy and every law must survive review by every district court to go into effect. That is precisely the "imperial judiciary" Justice Barrett warned against. Here we are again. One judge issued a same-day TRO--no defense allowed. Image
"Maintain the status quo" cannot always trump the political branches exercising their Constitutional aurhority
The TRO was filed this morning. It is 60-pages long. It involves a long and complicated law enacted by Congress and signed by the President less than one business day ago. Yet the Court purports to order the federal government to pay money? Very aggressive in the wake of CASA!
Read 6 tweets
Mar 5
"I am stunned." The Supreme Court 5-4 ruled that a sole judge can order billions of dollars out the door--unrecoverable. Justice Alito's shock is appropriate. SCOTUS's unwillingness to police the judicial resistance is worrying--hopefully this is resolved on the merits, soon. Image
Link to the full opinion, here:
Voting to let the TRO remain in place was: Chief Justice Roberts and Justices Sotomayor, Kagan, Barrett, and Jacksonsupremecourt.gov/opinions/24pdf…
Justice Alito, joined by Justices Thomas, Gorsuch, and Kavanaugh, continues. He accuses the Supreme Court of failing to live up to its supervisory responsibility over the federal court system Image
Read 5 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(