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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
Nov 29 • 8 tweets • 4 min read
Did then-President Obama and Secretary of State John Kerry adopt a legal theory justifying President Trump taxing remittances? Yes! Look at the denial of the Keystone XL pipeline. Obama/Kerry argued that needing "leverage" in international negotiations justified executive action. Image
Image What does that mean? That means that when President Trump wants "leverage" with our neighbors, he can take Presidential action to negotiate a better deal. The Art of the Deal but based on President Obama's and Secretary Kerry's denial of the Keystone XL project!
Nov 1 • 7 tweets • 3 min read
Hoo boy. Judge McConnell (once one of Senator Whitehouse's largest donors) issues an impossible to comply with decision. Cheekily voting the President's post asking for guidance on how to spend money he doesn't have, he responds "find the additional funds necessary." Image
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Image Another poison pill in the order: the money must flow by November 3. But any money found must be allocated under the Administrative Procedure Act. How's that timeline work? Read the full order here: storage.courtlistener.com/recap/gov.usco…Image
Sep 3 • 5 tweets • 2 min read
*HUGE* "For President Trump, however, the rules are different." Judge Oldham powerfully dissents in tonight's Alien Enemies Act case. 185 pages of opinion to say that President Trump cannot use the Act to deport Tren de Aragua members. Back to the Supreme Court this goes! Image
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Image Read the full opinion and dissent in the case formerly known as A.A.R.P. here: ca5.uscourts.gov/opinions/pub/2…
Sep 2 • 7 tweets • 4 min read
Ho boy. Judge Breyer--having already been denied once by a bipartisan-appointed panel of appellate judges--purports to enjoin President Trump from using the National Guard for law enforcement purposes. I'll cover some serious questions I have below 🧵 The opening shows where the judge's concern lies: that the successful law enforcement in LA could be replicated elsewhere. Including in the Judge's own Northern District of California. (Yet the judge raises no questions about why the lawsuit is not in LA...) Image
Aug 20 • 4 tweets • 2 min read
Ninth Circuit issues opinion *denying* Birthright Citizenship to the son of a Nigerian diplomat. Opinion properly applies Wong Kim Ark to find both presence *and* jurisdiction necessary for citizenship. Judge Johnstone (Biden appointee) writes for a unanimous panel.Image
Image Here, Judge Johnstone reflects many of the arguments raised by the United States in its case. The only difference is that he is applying the same logic to one of the three categories named in Wong Kim Ark. But for that, this could have been an amicus for the Government.Image
Aug 1 • 12 tweets • 5 min read
Breaking: Antitrust claims against Blackrock, State Street, and Vanguard survive motion to dismiss. Major effort to restrict supply of coal can proceed. Enormous win for @KenPaxtonTX, @AGIowa, a coalition of States, @AFergusonFTC and @TheJusticeDept. This is a *BIG* Deal. Image
Image Judge Kernodle (E.D. Texas) opens his opinion cleanly laying out the background of antitrust law and the allegations. Defendants own huge amounts of coal companies. And Plaintiffs allege they use that control to try to cut down on coal production. A classic violation. Image
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Jul 30 • 4 tweets • 2 min read
Yikes! Another hallucinated opinion, this time justifying a temporary restraining order enjoining enforcement of a State law. The rush to issue orders like this undermines the judiciary. Even worse--apparently the "corrected" opinion still has a hallucinated case . . . Image
Image One law professor assessing the ruling did not conclusively determine this was an AI error. But she did feel like "Alice in Wonderland." Image
Jul 28 • 7 tweets • 3 min read
Wow. Judge Talwani doubles down: Injunction entered against law defunding Planned Parenthood--on First Amendment *and* Bill of Attainder grounds. Interested to see if the First Circuit has it in them to rein in what appears to me to be a likely unlawful preliminary injunction! Image This is the crux of the First Amendment analysis: by cutting funding to Planned Parenthood and *affiliates*, Judge Talwani finds that there are First Amendment rights being violated. Being a part of an organization is protected--and thus funding cannot be cut? Revolutionary! Image
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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…