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Eric W. Profile picture
@EWess92
Jun 25 • 2 tweets • 1 min read • Read on X
"President Trump should win this one." Leading conservative legal thinker Leonard Leo agrees on Birthright Citizenship. Worth watching the whole interview (link in next post). Unsurprising to see he agrees with the leading scholars assessing the birthright citizenship case Image
Watch the whole interview here: grabien.com/file/getmedia?…

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More from @EWess92

Eric W. Profile picture
Jun 25
SCOTUS Opinions: Mullin v. Doe. *TEMPORARY* Protected Status *is* Temporary. Every district court asserting jurisdiction over these cases (19! adverse orders) was wrong. The Supreme Court tried to correct on the emergency docket and was ignored. This is HUGE for President Trump Image
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Also, the preemption language here is big. Courts should start taking preemption seriously. Perhaps the hundreds or thousands of errant habeas cases are next. Don't miss Justice Thomas's fire concurrence. Image
Read the full opinion here: supremecourt.gov/opinions/25pdf…
Read 8 tweets
Eric W. Profile picture
Jun 24
Alaska airlines weighed in on the culture wars by announcing their support for the Orwellian-ly named "Equality Act" on their internal forum. Two Christian flight attendants asked polite questions based on religious objections. They were fired. Judge Bress reverses dismissal. Image
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The facts here are egregious, so I'm going to spend a little time digging in. Alaska has this internal forum. They have rules. Offensive posts had a three strike policy before a posting ban. And *usually* any discipline escalates. Those were the ground rules. Image
Alaska airlines decided to weigh in on the highly controversial Equality Act. It creates a new class for "gender identity". Defines sex to mean something other than its definition. Explicitly overrules religious accommodations for diverse views. Bans single sex bathrooms/lockers Image
Read 16 tweets
Eric W. Profile picture
Jun 24
Does the Eighth Amendment prohibit death penalty for child rapists? Of course not. Does binding Supreme Court precedent prevent it? No. "That perception is wrong." Brilliant Judge Divine (Trump II) writes an opinion blowing that misperception door off its hinges. Let's dive in! Image
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The crime here is heinous. The convicted criminal "repeatedly raped a child and created images of child pornography." That is horrid. Once, he would have gotten the death penalty. Now no more than 20 years. @ChuckGrassley's James T. Woods Act helps with light sentences for CSAM Image
Where did the ban on death penalty for child rapists come from? Justice Kennedy wrote Kennedy v. Louisiana, which found in 2008 that "evolving standards of decency" prohibit death penalty for those cases. Well, it's been 20 years since then. Perhaps standards have evolved again Image
Read 11 tweets
Eric W. Profile picture
Jun 22
"Today’s decision inflicts a grievous blow to federalism." Judge Scudder dissenting in AAP's attempt to stop @JamesUthmeierFL from defending kids from experimental sex changes. "The decision licenses federal intrusion and casts a vote of no confidence in the Florida judiciary." Image
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Judge Scudder efficiently covers the facts. The AAP's guidelines (no age minimums for sex changes and hormones) violated Florida law. Florida moved to enforce the law in Florida. AAP moved in Chicago to stop the Florida enforcement. Odd move! Image
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Why should a stay be granted pending appeal? There are severe jurisdictional defects. "But the Younger issue is open and shut in [Florida's] favor." When an issue is open and shut, that warrants quick action. Image
Read 6 tweets
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 18
*Huge* Win for President Trump over rogue district judges micromanaging the executive branch. Judge Hardiman (GWB) joined by Judges Restrepo (Obama) & Phipps (Trump) vacate the injunction against changing the exhibits at the President's Houes National Park. Fast turnaround! Image
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Given the thorough rebuke of the improper order entered by the district court, it's worth looking through the sections of the superb opinion. Start with standing. The City "does not own the President's house." Its only standing rights are thus contractual, based on residuum Image
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The next section politely explores the myriad errors in the district court's analysis in determining what locations are at issue. The Court explains another key district court error: standing to sue is not the same as merit. Conflating the two is a "mistake". Image
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Read 7 tweets

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