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Eric W. Profile picture
@EWess92
Jun 16 • 4 tweets • 2 min read • Read on X
"When relief is not dictated by the record and law but merely advocated for personal, political, ideological, policy, or other non-legal reasons, a prosecutor’s concession does not minister justice; it facilitates injustic." The PA Supreme Court bat signals @DaveSunday_ Image
@DaveSunday_ This is pretty crazy: The 5-2 Democrat Court finds Larry Krasner is so quick to falsely concede error in murder cases (to try to free convicted murderers) that it has tasked the Pennsylvania Attorney General with checking to make sure he's not lying. I've *never* seen this Image
@DaveSunday_ This is a split decision, but shows that the presumption of regulatory for Soros-funded radical leftwing DA Krasner is gone. The Pennsylvania Supreme Court has had enough. It needs someone to "enhance the reliability" of proceedings. Yikes!
@DaveSunday_ Read the majority opinion here: pacourts.us/assets/opinion…

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More from @EWess92

Eric W. Profile picture
Jun 18
Holy guacamole. Philly DA Larry Krasner was just caught lying by the Pennsylvania Supreme Court. *ONE DAY LATER* His senior attorney supervisor is suspended for 3 years. Why? They have a secret policy about trying to free everyone that got a death penalty. And lied to the court. Image
👀"After multiple hearings and extensive briefing, we find that Nancy Winkelman knowingly made misrepresentations to effectuate a policy of vacating all death sentences on appeal, at PCRA, or on federal habeas review. We do not credit her testimony that there is no such policy." Image
Winkelman was, with no criminal experience, promoted to be "one of the four highest-level" attorneys in Krasner's office--reporting directly to him. And she used that role (according to this order) to obfuscate and lie, all in an attempt to free murderers. Not good! Image
Read 6 tweets
Eric W. Profile picture
Jun 15
A woman w/ a condition that makes getting vaccines extremely risky. She had a permanent exemption from the MMR vaccine from her employer. In 2021, she worked 100% remotely, and requested a COVID-19 vaccine exemption. Denied without reason. Highly respected Judge Erickson reverses Image
"While CentraCare contends its policy is justified based on its goal of protecting the community at large, its social policy and humanitarian endeavors cannot form a basis to avoid ADA liability." There is no social justice exemption to federal laws. This all makes much sense. Image
Very good and fair test here for when (if ever) a vaccine may be mandatory despite medical conditions or other exemption reasons. That is, vaccination is "a means to an end." Not an end in and of itself. Image
Read 4 tweets
Eric W. Profile picture
Jun 11
Talk about a headline. "Sex, Lies and Secrets: A Federal Judge's Trysts Go Public". The @nytimes digs into the Judge Ross affair in the Northern District of Georgia. Let's take a look. Image
The Times certainly knows how to write a lede! Apparently this tryst was ongoing for years? Three law clerks every year would know about the "jazz" and other noises coming from behind closed doors. Yikes. Image
Apparently we no longer have to say that we assume the quickly identified judge (see @MarcoPolo501c3 & @JoshMBlackman) is Judge Ross. The Times got their hands on the signed apology letter that she wrote. Honestly, the letter does not read as sincere to me Image
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Read 7 tweets
Eric W. Profile picture
Jun 9
🔥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
Read 14 tweets
Eric W. Profile picture
Jun 8
Today, a court in Boston held President Trump's $100k fee for H-1B visas is illegal. But in December, a federal judge in D.C. declined to stop the same program. Both suits were brought by activists (one, a California-led coalition, the other, Chamber of Commerce). What gives? Image
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These decisions help illustrate how, while we may be almost 18 months into President Trump's second term, so many of his policies have been stymied in the courts. Similar claims but different conclusions are just the most recent example of the novel scrutiny to executive action Image
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Going through Judge Sorokin's (Obama, D. Mass) opinion, I'm looking for how he treats issues compared to Judge Howell (Obama, D.D.C.). First, consular nonreviewability. Howell sidesteps-with a denial he need not address. Sorokin finds that this visa denial via fee isn't a denial Image
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Read 8 tweets
Eric W. Profile picture
Jun 8
"Because this Court has elevated unadulterated textualism over common sense
and longstanding principles of the criminal law, and [] we are now treading on dangerous constitutional waters." Judge Tjoflat, dissenting. Fascinating split with liberal Judges Abudu and Rosenbaum. Image
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A pair of drug dealers ran an operation out of their home. Other dealers would sell drugs for them. One had a propensity to OD. She obtained drugs and died. Can the home-owner/chief drug dealer be prosecuted for dealing drugs and death resulting? Yes, per Judge Abudu. Image
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Judge Abudu, joined by Judge Rosenbaum, concurs to explain why, under Eleventh Circuit precedent she reaches the result the sentence is constitutional. But she calls on the Eleventh Circuit to reconsider its precedent. Given her view of the law, she finds affirmance is required. Image
Read 4 tweets

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