Eric W. Profile picture
Conservative, Textualist, Originalist. University of Chicago AB/JD. Mostly bad takes, but politely. Generally Solicitous in Iowa
Jul 10 8 tweets 3 min read
Big win for @FTC today in front of Chief Judge Boasberg in the deceptive claims case against WPATH. "When parties seek an extraordinary remedy, they must make an extraordinary showing." Big win for @AFergusonFTC, @MeadorFTC, and the whole team. Litigation may proceed Image Judge Boasberg agrees with @FTC in that his earlier order was to quash a CID. This separate enforcement proceeding is not that CID. Therefore, his injunction is not being violated. Image
Jul 10 4 tweets 2 min read
Can deportable illegal aliens use the Constitution's Due Process Clause to end run around federal immigration law? A Fifth Circuit panel said yes, over a dissent by Judge Wilson. Now, the full Fifth Circuit has agreed to hear the case. The panel opinion is vacated. Image
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The original panel opinion split on the Due Process clause. 71 total pages between the majority and dissent. Very interesting dispute. Image
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Jul 9 9 tweets 4 min read
Must Texas allow illegals to pay in-state tuition at its public universities? Federal law prohibits it, and the government sued. Can activists intervene to stop the settlement? No, per Judge J.E. Smith. Settlement affirmed. Big win for President Trump & @TheJusticeDept Image
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To intervene, the intervenors would have to make a showing that their claims are not futile. That is hard to countenance here, when federal law expressly prohibits what Texas allowed. Image
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Jul 8 5 tweets 3 min read
A Gambian man came to the US on a tourism visa in 2007. He overstayed but married an American and got a green card. Later, he was convicted of meth crimes and ordered deported. Now, he argues the presumption of serious felony fails without Chevron. He's wrong, per Judge Bennett Image
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Withholding of removal (stopping the deportation) is mandatory in some cases and prohibited in others. It's mandatory if the alien's life is at risk due to certain identity characteristics. But it's forbidden even for aliens at risk of they have committed serious felonies. Image
Jul 7 10 tweets 5 min read
Must the feds let States use the upgraded SAVE database--which allows those States to ensure that illegal voters are not on their rolls? Yes, per Judge Wetherell. The twist: This injunction explicitly conflicts with Judge Sooknanan's DC order against SAVE. This is a *big deal*! Image Some history (background). In the runup to the 2024 election, President Biden's Department of Homeland Security engaged in some shenanigans. For example, they told Iowa that there were *hundreds* of illegal noncitizen voters on a list we asked them to check, but not who. Yikes! Image
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