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Eric W. Profile picture
Eric W.
@EWess92
Conservative, Textualist, Originalist. University of Chicago AB/JD. Mostly bad takes, but politely. Generally Solicitous in Iowa
Jul 22 • 5 tweets • 3 min read
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
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Jul 16 • 8 tweets • 3 min read
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
Jul 11 • 4 tweets • 2 min read
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/…
Jul 7 • 6 tweets • 2 min read
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
Mar 5 • 5 tweets • 2 min read
"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…