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"Our task here is not to decide what the State should do, but what it may do." Judge Lagoa dissenting. She explains that Florida's law fits comfortably within both longstanding public employee speech precedents and that the injunction is facial (and thus improper)
Judge J.E. Smith's writing lays out his theory of en banc review: The Fifth Circuit should not be squeamish about proceeding, but they should reserve it for weightier issues. 


Quick note about lineup. Judge Rosenbaum (Obama) joined by Judges Jordan, J. Pryor (Obama*2), Grant, Brasher (Trump*2), Abudu, Kidd (Biden*2), and senior Judge Wilson (Clinton).

"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. 


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."


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."



Read the opinion here: supremecourt.gov/opinions/25pdf…
https://twitter.com/CassSunstein/status/2071673226070032463@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."

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!
First is Riseandshine Corp. v. Pepsi. This case is a trademark dispute over whether trademark strength is a question of fact or question of law. That matters for how reviewing courts will assess a claim.

Justice Kavanaugh writes separately to explain his decision. First, he says this is an interim decision. And second, he notes the unique characteristics of the Federal Reserve. Interesting.

Justice Gorsuch writes separately. He goes where the Constitution takes him, but asks: Would Congress have passed these laws had they known this is what was constitutionally required? Very interesting conclusion, worth considering. 

Justice Alito dissents, joined by Justices Thomas, Gorsuch, and Kavanaugh in part. Election Day means what it says. If ballots are received after election day, those ballots are late. He would find Mississippi law is unconstitutional.


I was proud to help @AGIowa in standing up for Alaska voters--and principles that effect voters across the country. After all, there is no innocent explanation of a man named Daniel J. Sullivan, Jr. asking to be put on the ballot as Dan S. Sullivan--the incumbent's name
@mikehilgers @NetChoice Wondering what the law does? Lots of stuff to protect kids online. And it's not new. States across the country have enacted similar laws. 

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.

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.

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

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! 

👀"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."

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 
