Yesterday George Conway, Michael Luttig and Barbara Comstock had an op-ed in the NYT announcing a new organization they're launching called the Society for the Rule of Law Institute. More people advocating for the rightly understood "rule of law" is good. I have thoughts. The op-ed is titled "America Needs a Pro-Democracy Conservative Legal Establishment." It contends that "The Federalist Society, long the standard-bearer for the conservative legal movement, has failed to respond in this period of crisis." nytimes.com/2023/11/21/opi…

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The full Ninth Circuit (no, really) may be on the verge of an important victory for free speech, association, and religious freedom. And the California school board whose offensive actions against a group of Christian students may be trying a last ditch effort to avoid that. In FCA v San Jose Unified School District, @BECKETlaw represents a small group of Christian students. Nothing happened. They just met and had Bible studies. But 1 teacher was offended by their existence as a group who wanted to choose leaders who shared their Christian beliefs.

So I finally worked through the 155 page (!) Missouri v Biden social media censorship decision. Wow. That's a big deal. Topline is that this is basically good for free speech. Tricky to craft the actual injunction. Here are some of the most interesting quotes and my takeaways. A LOT of emails and other evidence of various govt officials coercing social media companies. One of the major takeaways is that Twitter/FB often push back on the govt. It's only after threats increase that govt gets its way and platforms agree to some form of govt demands.

As we now enter the Thanksgiving season, its important to understand the rules of holiday music and decor and especially the nuances of those rules. A quick thread here that will hopefully help you to enjoy your holidays. As of today, November 1, it is now time for Thanksgiving music! Feel free to enjoy your own playlists or enjoy mine here! open.spotify.com/playlist/5z2vX…

At this event at the National Archives. Debate between @ADFLegal Kristen Waggoner and the @ACLU’s David Cole discussing 303 Creative. Cole argues: No one is required to open a business. Once you open a business the govt can require you to serve everyone.

IT'S TIME FOR SCOTUS MADNESS!

With all the speculation about what case should be next after the Court reverses Roe and Casey, a lot of very worthy competitors are being ignored. I've assembled a list of 32 cases. We'll conduct polls here until we have a winner. These are all almost exclusively Constitutional cases - because Congress can just do its job when the Court gets that wrong. And I'm excepting cases like Korematsu and Plessy that aren't *technically* overturned (maybe), but are effectively. And would be winners anyway.

You know what never crossed state lines? Filburn’s wheat. Yet here we are. This tweet is blowing up a bit today (while I was blowing leaves and at Costco). So I'll add here a related suggestion. Roscoe Filburn needs to be remembered and eventually vindicated.

https://twitter.com/CaseyMattox_/status/1453843874057687043

We are approaching the end of the Supreme Court’s term with 2 opinions remaining Thursday – the AZ Voting Rights case and the AFPF v Bonta case. Quick thread on Bonta and the common misinformation you'll see about the case. You can read about the AFPF case, its history, and the stakes here: americansforprosperity.org/supreme-court-…

Soon. Still coming in.

Clarence Thomas just now:

"Given the potential for abortion to become a tool of
eugenic manipulation, the Court will soon need to confront
the constitutionality of laws like Indiana’s." CT: "This case highlights the fact that abortion is an act rife
with the potential for eugenic manipulation. From the
beginning, birth control and abortion were promoted as
means of effectuating eugenics."