Law professor, best-selling author of "The Indispensable Right" https://t.co/HQgpqop7DW and "Rage and the Republic."
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Jun 27 • 17 tweets • 4 min read
...We have our second case. It is another major one: Kennedy v. Braidwood Management. supremecourt.gov/opinions/24pdf…
It is 6-3 in upholding the constitutionality of the board that issued rules for the covering of preventative case. This avoids a massive potential disruption on covered health care services.
Jun 27 • 14 tweets • 2 min read
Buckle up . . . Just three boxes. That does not suggest long opinions with six remaining cases...
...here we go...
Jun 26 • 14 tweets • 3 min read
Five-minute warning. Once again, we have ten cases in the pipeline. We will be watching for any retirement announcements. Justices Thomas and Alito are the most obvious. Thomas may want to extend his time as one of the longest sitting justices, so the best money may be on Alito.
...Both Thomas and Alito would likely want to retire when they can be replaced with a like-minded nominee...
Jun 22 • 10 tweets • 2 min read
President Trump just announced that the United States has attacked the nuclear sites in Iran, including Fordow. As discussed in today's column, Trump has history on his side in taking this action without congressional approval... thehill.com/opinion/white-…
...Since Iran has threatened to attack the United States in response to such an operation, it could trigger a series of cascading decisions. For example, under Article Five of the NATO treaty, an attack on one member is an attack on all...
Jun 20 • 11 tweets • 2 min read
Here we go with today's new opinions. Buckle up...
...X is back. We just got McLaughlin Chiropractic Associates v. McKesson with a 6-3 decision on the Hobbs Act. supremecourt.gov/opinions/24pdf…
Jun 18 • 16 tweets • 3 min read
Today's decision upholding the Tennessee law restricting gender transition care for minors has enormous implications for a variety of transgender cases. Chief Justice Roberts declared "The Equal Protection Clause does not resolve these disagreements."...
...The Court rejected the use of intermediate scrutiny that was just used by a judge in Boston to bar the Trump administration from requiring either male or female designations on passports...
Jun 12 • 6 tweets • 1 min read
Sen. Alex Padilla just disrupted the press conference with Secretary Noem. It was an extraordinary act by a sitting senator, but Gov. Newsom just supported Padilla in this disruptive act...
...The scene captured the race to the bottom by Democratic politicians in fueling the rage as violent protests unfolded around the country. Padilla started to yell at Noem and became a virtual troll or crank at a press conference...
Jun 12 • 13 tweets • 3 min read
Here we go on today's opinions from the Supreme Court...
...We have the first opinion today and it is another unanimous decision. Justice Jackson authored the opinion in Rivers v. Guerrero on the handling of successive habeas petitions. ...supremecourt.gov/opinions/24pdf…
Jun 6 • 4 tweets • 1 min read
Abrego Garcia is reportedly on his way back to the United States. Some of us argued from the outset that this was the best course. The basis for his removal is overwhelming and, once this process is completed, he is likely to find himself on another flight back to El Salvador...
...However, this may be a case of being careful what you ask for. Abrego Garcia will be brought back to face criminal charges in allegedly trafficking narcotics, guns, and people...
Jun 5 • 13 tweets • 3 min read
We have our first opinion today. It is unanimous and authored by Justice Jackson in the reverse discrimination case of Ames v. Ohio Dept. of Youth Services. ...supremecourt.gov/opinions/24pdf…
...Significant ruling that a member of a majority group does not have the added burden of showing "background circumstances." Remand for further consideration...
May 30 • 4 tweets • 1 min read
Project Veritas may have just sealed the fate of David Hogg with the DNC, if the new videotape is verified. With the vote scheduled for June, Hogg allegedly stated that Jill Biden's Chief of Staff Anthony Bernal effectively ran the White House...
...I cannot imagine that the comments will go over well with the DNC, particularly the Biden allies. It will also fuel growing demands in both the House and the Senate for an investigation into the alleged cover-up of Biden's alleged incapacity.
May 29 • 4 tweets • 1 min read
U.S. District Judge Indira Talwani of Massachusetts has enjoined President Trump's effort to end the "parole" status of hundreds of thousands of immigrants by President Biden. The case can now be appealed, but there is one interesting positive element for the Administration...
...The Court certified a national class action as the basis for the injunction. That is precisely what the Trump Administration argued was the proper way to proceed in these cases. The liberal justices suggested that it is too cumbersome and slow a process...
May 20 • 4 tweets • 1 min read
In what will add even greater controversy to an already controversial case, U.S. District Judge Lynn Adelman, 85, had been assigned to preside over the trial of Milwaukee County Circuit Judge Hannah Dugan. Adelman has a history of injudicious and biased political commentary...
...Judge Adelman attacked Chief Justice Roberts as lying in his confirmation hearing and described Trump as "an autocrat" who is "disinclined to buck the wealthy individuals and corporations who control his party."...
May 19 • 7 tweets • 2 min read
The Supreme Court delivered a win for the Administration today by lifting the injunction on the move to terminate Temporary Protected Status (TPS) protections for hundreds of thousands of people allowed into the country by Biden from Cuba, Haiti, Nicaragua, and Venezuela...
...A California district judge had blocked the move and the Ninth Circuit refused to lift the injunction. It will now go back to the Ninth Circuit for the resolution of the merits. Only Justice Jackson dissented in the order today... documentcloud.org/documents/2594…
May 16 • 5 tweets • 1 min read
The Supreme Court delivered a blow to the Trump Administration in blocking deportations under the Alien Enemies Act. However, the Court only did so based on the lack of notice (24 hours) afforded by the Administration. It did not rule on the legality of the use of the AEA...
...The Court expressly stated: "To be clear, we decide today only that the detainees are entitled to more notice than was given on April 18." ...
May 15 • 5 tweets • 1 min read
The Supreme Court argument is now concluded and there was far more heat than light offered inside the courtroom...
...Justices Thomas, Alito, and Kavanaugh seemed strongly in favor of the Administration. Roberts also made repeated points that seemed to support some of the arguments of the Administration, though it was not clear how he would vote...
May 15 • 50 tweets • 5 min read
Ok, we are about to start with the oral argument. Keep in mind that the three to watch most closely in the argument will be Chief Justice Roberts and Justices Kagan and Barrett in my view...
...Here is a column on the general issues. jonathanturley.org/2025/05/15/a-m…
May 11 • 5 tweets • 1 min read
Lawyers who once supported the targeting of firms representing Republicans are now adopting a truly Shakespearean pose as champions of free speech and free thought. For many Republicans, it is about as convincing MacBeth claiming to be a pacifist. thehill.com/opinion/civil-…
...Lawyers like Randall Eliason donated to the Lincoln Project and defended targeting of firms taking Republican causes, noting that “these mega-law firms are also big businesses. Like any business, they can be held accountable by the public — and by their other customers.” Now...
Apr 30 • 4 tweets • 1 min read
The transcript of President Trump's ABC interview will quickly be raised in the Abrego Garcia case. Trump said that he could get Garcia back, but does not want to do so. The judge can now use that admission as proof of a violation of the order to facilitate his return...
...Trump stated “I could. And if he were the gentleman that you say he is, I would do that.” He did add: “I’m not the one making this decision. We have lawyers who don’t want to do this, Terry. … I follow the law. You want me to follow the law. If I were the president that just wanted to do anything, I’d probably keep him right where he is.”...
Apr 22 • 4 tweets • 1 min read
The Supreme Court appears ready to reverse the Fourth Circuit and rule for the parents in the Mahmoud v. Taylor matter. The question is how. Some of us are hoping that it will not just declare that this is a violation of religious freedom but to affirm parental rights...
...The Court once gave a full-throated endorsement parental rights in Pierce v. Society of Sisters (1925). It should do so again, but some justices may not be ready to go that far...
Apr 22 • 25 tweets • 4 min read
Justice Thomas led questioning in Mahmoud v. Taylor to confirm that the school was requiring the use of the book at least five times a year while refusing to allow families to opt out...
...Eric S. Baxter (representing the parents) is getting close questioning from Justice Sotomayor whether "the mere exposure" to these books is a real "burden."...
