Eric W. Profile picture
Conservative, Textualist, Originalist. University of Chicago AB/JD. Mostly bad takes, but politely. Generally Solicitous in Iowa
Jul 7 5 tweets 3 min read
Can Florida pass a law banning illegal race discrimination in the form of DEI in its college classrooms--taught during in class instruction? No, per Judge Grant (Trump I) joined by Judge Wilson (Clinton) with a dissent by Judge Lagoa Image
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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) Image
Jul 6 4 tweets 2 min read
A murder was committed 31 years ago and challenges an evidentiary matter on habeas corpus review. The full Fifth Circuit takes the case. Judge J.E. Smith writes a rare "disgrantle"--dissenting from the grant of full court rehearing. Image 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. Image
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Jul 6 13 tweets 5 min read
Is there a fundamental constitutional right for child pornographers to live with their children? Yes, explains Judge Rosenbaum on behalf of the full Eleventh Circuit. In a strange line-up, she issues a full-throated defense of parental rights. Judge W. Pryor dissents. Image
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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 dissent: Chief Judge W. Pryor (GWB), and Newsom, Branch, Lagoa, & Luck (Trump*4). Rare lineup.
Jul 2 4 tweets 2 min read
Can President Trump fire the CIA's "diversity, equity, inclusion, and/or accessibility" staff? No, per Judge Berner (Biden). Congress allowed the CIA Director to fire any employee "at any time." A regulation creates an appeal process. The process beats the statute? I'm skeptical Image
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"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. Image
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Jun 30 8 tweets 3 min read
Supreme Court Opinions: Trump v. Barbara. Chief Justice Roberts writes, holding that the Constitution "guarantees citizenship to children born of parents unlawfully or temporarily present in the United States." The Constitutional holding is only 5-4, as Kavanaugh doesn't join. Image
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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." Image
Jun 30 4 tweets 2 min read
Supreme Court Opinions: NRSC v. FEC. Can Congress violate the First Amendment by limiting coordinated expenditures between candidates for office and their parties? No, per Justice Kavanaugh. Looks like @SeanJCooksey has officially won his Super Bowl. (Super Bowl FEC?) Image
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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." Image
Jun 30 4 tweets 2 min read
How influential is Justice Thomas? In Chief Justice Roberts's 26-page opinion temporarily stopping President Trump from firing Cook, he responds directly to Justice Thomas's 2-page dissent *25 times*. The whole opinion reads as an extended rebuttal. Very rare opinion approach Image
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Read the opinion here: supremecourt.gov/opinions/25pdf…
Jun 30 4 tweets 2 min read
Kudos to Professor Sunstein, Professor Hamburger @NCLAlegal, and to @nytimes . Here, the Times published a debate between two professors that disagree on yesterday's Slaughter decision. And Professor Sunstein's critique (although not without flaws) is fair rather than histrionic @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." Image
Jun 30 5 tweets 3 min read
Slaughter v. Trump, Chief Justice Roberts vindicating Chief Justice Taft (a former President himself) and the unitary executive is fascinating. But alongside Taft, Justice Scalia looms large too. His dissents are vindicated in several places. The wolf leaves as a wolf. Image
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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!

Read the opinion here: supremecourt.gov/opinions/25pdf…Image
Jun 29 7 tweets 3 min read
The Supreme Court agreed to take six cases for next term. And there are some big ones. These include vital elections law challenges relating to voter ID and citizenship, religious liberty in Washington, and more. Image 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.

Read the @SCOTUSblog page here: scotusblog.com/cases/riseands…Image
Jun 29 7 tweets 3 min read
Supreme Court Opinions: Trump v. Cook. Can the President fire a member of the Federal Reserve? District Court said no, and we will let the lower courts Cook--Chief Justice Roberts, paraphrased. On interim basis, stay denied. 5-4 decision. Surprised to see Justice Kavanaugh join. Image
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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. Image
Jun 29 4 tweets 2 min read
Supreme Court Opinions: Trump v. Slaughter. Can President Trump run the executive branch? Yes. In a huge win for the Presidency and executive power, Chief Justice Roberts explains that President Trump can fire a member of the Federal Trade Commission. 6-3 decision. Image
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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. Image
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Jun 29 7 tweets 3 min read
Supreme Court Opinions: Watson v. RNC. Is Mississippi's law, which allows counting ballots up to five days after election day, constitutional? Yes, explains Justice Barrett, joined by the Chief and Justices Sotomayor, Kagan & Jackson. 5-4 decision for the most part. Image
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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. Image
Jun 28 5 tweets 2 min read
Can Alaska remove "Decoy" Daniel J. Sullivan off the ballot in Alaska? 14 States filed an amicus brief at the Alaska Supreme Court arguing it can. States across the country have removed deceptive candidates. This is not new and the district court erred in overturning the decision Image
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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
Jun 28 5 tweets 3 min read
Big win for @mikehilgers defending Nebraska's youth social media law against a challenge brought by @NetChoice. Nebraska's law requires parental oversight for kids to use social media sites. The only two enjoined parts are (1) age verification and (2) explicit parent permission Image @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. Image
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Jun 25 8 tweets 3 min read
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
Jun 24 16 tweets 6 min read
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
Jun 24 11 tweets 5 min read
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
Jun 22 6 tweets 3 min read
"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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Jun 18 6 tweets 3 min read
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
Jun 18 7 tweets 4 min read
*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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