Share this page!

Enter URL or ID to Unroll

You can paste full URL like: https://x.com/threadreaderapp/status/1644127596119195649
or just the ID like: 1644127596119195649

How to get URL link on X (Twitter) App

  1. On the Twitter thread, click on or icon on the bottom
  2. Click again on or Share Via icon
  3. Click on Copy Link to Tweet
  4. Paste it above and click "Unroll Thread"!
  5. More info at Twitter Help
Eric W. Profile picture
@EWess92
Jun 9 • 14 tweets • 4 min read • Read on X
Scrolly
🔥Hot off the presses: @TheJusticeDept issued an opinion today explaining that disparate-impact liability under federal employment law is *unconstitutional*. This is an earthquake in federal civil rights law. If right, this is the foundation to overturn that pernicious regime. Image
The Supreme Court recently explained that we have a "colorblind Constitution." This opinion explains what is needed. First, business necessity is a *low bar* to defend against disparate impact. Second, causality is a *high bar* for plaintiffs. But the third requirement is👀 Image
"Third, plaintiffs must establish with particular evidence that there is an available alternative practice that causes less disparate impact and would be equally effective for serving the employer’s valid business purpose." Louisiana v. Callais for employment law. Amazing! Image
The whole opinion is necessary reading. But I always appreciate a nice summation conclusion. This single paragraph helps to contextualize everything that came before. Read while it's hot! Image
Kudos to @ElliotGaiser and @joshjcraddock
for putting together this logical, concise, and frankly devastating opinion for defenders of the old, illegal disparate impact regime. Great news for civil rights warrior @andrealucasEEOC too!
Read the opinion here: justice.gov/opa/pr/justice…
Legal scholar and diversity expert Ilya Shapiro weighs in:
Civil rights litigator Dan Lennington weighs in:
Senator Schmitt weighs in:
Then-Attorney General and now Senator @AshleyMoodyFL endorsed this in a petition to EPA in 2024. (Of course joining that coalition was @AGIowa.) Back then, AG Moody's chief was the notable @DHSGenCounsel 👀 Image
@AshleyMoodyFL @AGIowa @DHSGenCounsel Senator Lee, the most based senator, weighs in:
@AshleyMoodyFL @AGIowa @DHSGenCounsel Law Professor Josh Blackman weighs in:
@AshleyMoodyFL @AGIowa @DHSGenCounsel EEOC Chair Andrea Lucas weighs in:
@AshleyMoodyFL @AGIowa @DHSGenCounsel Senator Banks weighs in:

• • •

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

Eric W. Profile picture
Jul 2
Can President Trump fire the CIA's "diversity, equity, inclusion, and/or accessibility" staff? No, per Judge Berner (Biden). Congress allowed the CIA Director to fire any employee "at any time." A regulation creates an appeal process. The process beats the statute? I'm skeptical Image
Image
"The district court’s and the majority’s holdings, I conclude, fail with double F’s." Judge Niemeyer has a pretty fiery (especially for him) dissent. He notes the regulation is irrelevant. The majority misreads the law. And there is no irreparable harm. Image
Image
Image
Also, just two days after learning that the President does, indeed, control the executive branch in Trump v. Slaughter, Judge Niemeyer critiques this district judge for appointing itself HR director for the CIA. Mandating "prior approval" before terminating *any* employee. Image
Read 4 tweets
Eric W. Profile picture
Jun 30
Supreme Court Opinions: Trump v. Barbara. Chief Justice Roberts writes, holding that the Constitution "guarantees citizenship to children born of parents unlawfully or temporarily present in the United States." The Constitutional holding is only 5-4, as Kavanaugh doesn't join. Image
Image
Justice Jackson and Sotomayor concur to respond to Justice Thomas's dissent. "The Reconstruction Amendments were an anticaste, antisubordination reset for the Nation, not a mere spot treatment for the dark stain of slavery." Image
Justice Kavanaugh concurs in the Judgment. He would issue a narrower ruling. He would find that the Executive Order does *not* violate the Constitution, but is precluded by statute. Image
Read 8 tweets
Eric W. Profile picture
Jun 30
Supreme Court Opinions: NRSC v. FEC. Can Congress violate the First Amendment by limiting coordinated expenditures between candidates for office and their parties? No, per Justice Kavanaugh. Looks like @SeanJCooksey has officially won his Super Bowl. (Super Bowl FEC?) Image
Image
Image
First mootness. One question is whether Vice President Vance could bring this challenge. "The Court need not speculate about Vice President Vance’s future runs for office, however, because the Vice President still maintains an active 'Statement of Candidacy' on file." Image
Justice Kagan, joined by Justices Sotomayor and Jackson, dissent. They believe that these restrictions pass constitutional muster "with flying colors." Image
Read 4 tweets
Eric W. Profile picture
Jun 30
How influential is Justice Thomas? In Chief Justice Roberts's 26-page opinion temporarily stopping President Trump from firing Cook, he responds directly to Justice Thomas's 2-page dissent *25 times*. The whole opinion reads as an extended rebuttal. Very rare opinion approach Image
Image
Image
Image
Read the opinion here: supremecourt.gov/opinions/25pdf…
*32 page, before someone else corrects me. Sorry!
Read 4 tweets
Eric W. Profile picture
Jun 30
Kudos to Professor Sunstein, Professor Hamburger @NCLAlegal, and to @nytimes . Here, the Times published a debate between two professors that disagree on yesterday's Slaughter decision. And Professor Sunstein's critique (although not without flaws) is fair rather than histrionic
@NCLAlegal @nytimes Prof Hamburger: "The Supreme Court on Monday re-centered executive power in the president, restoring his authority to remove executive branch officials and ending the independence of government agencies." Image
@NCLAlegal @nytimes Sunstein's critique focuses on practicality and policy. But his framing gives away the game. Yes, the President controls the FCC and FTC. If not him, who? Ultimate accountability is to the political branches. As to whiplash, Congress can proscribe the agency's power if it wants Image
Read 4 tweets
Eric W. Profile picture
Jun 30
Slaughter v. Trump, Chief Justice Roberts vindicating Chief Justice Taft (a former President himself) and the unitary executive is fascinating. But alongside Taft, Justice Scalia looms large too. His dissents are vindicated in several places. The wolf leaves as a wolf. Image
Image
Also fun, surrounding this Scalia cite is a classic Chief Justice Roberts formulation: "All that is left is reliance, upon which Slaughter (and the dissent) rely." Reliably good turner of phrase!

Read the opinion here: supremecourt.gov/opinions/25pdf…Image
The Chief has some sympathy for plaintiff Slaughter. Less so for his dissenting colleagues. Might be an especially tough pill to swallow for Justice Kagan, the majordomo of hewing to precedent*

*Except when her vote may make a difference on a major decision she dislikes 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!

Send Email!

:(