Joshua Matz Profile picture
Partner @KaplanHecker // Adjunct Professor @GeorgetownLaw // Co-Author w/ @tribelaw “Uncertain Justice" &" To End A Presidency" //Views are mine
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Sep 22, 2021 5 tweets 2 min read
Alongside colleagues at @KaplanHecker, I'm proud to represent @GiffordsCourage at #SCOTUS in an important Second Amendment case, NYSRPA v. Bruen.

You can read our brief here: kaplanhecker.com/sites/default/…

We make three major arguments in the brief ... 🧵 First, we emphasize that Heller recognized a right centered on self-defense—but our traditions narrowly define when people are lawfully allowed to use lethal force in self-defense.

The history of self-defense principles thus confirms important limits on Second Amendment rights.
Jan 3, 2021 8 tweets 3 min read
I'm a lawyer who worked on the impeachment. Trump was charged with a plot to subvert democratic elections and sabotage checks & balances. We *expressly* alleged this was a pattern in his behavior. And we *expressly* urged removal because it was clear he'd attack democracy again. As the House Judiciary Committee pointedly noted in its report supporting impeachment, "Every day that this Committee fails to act is thus another day that the President might use the powers of his office to rig the election while ignoring or injuring vital national interests."
Oct 6, 2020 4 tweets 3 min read
"There is not a single person in the United States—not the President and not anyone else—whose job description includes slandering women they sexually assaulted."

Tonight, @kaplanrobbie & I filed our brief opposing DOJ's effort to hijack @ejeancarroll's case against Donald Trump You can read the brief here:

kaplanhecker.com/sites/default/…

As is always true of filings at @KaplanHecker, it reflects a team effort and vital contributions from many extraordinary colleagues.
Apr 23, 2020 11 tweets 5 min read
Today was @tribelaw's last day in the classroom at Harvard Law School

Of course, he will continue to teach us all in op-eds, essays, tweets, TV appearances, and many other settings

Still, I'd like to mark the occasion & celebrate my friend, mentor, hero, and co-author Without exaggeration, @tribelaw is one of the most important legal thinkers in American history. His legacy and contributions are hard to overstate. Few judges -- indeed, few #SCOTUS justices -- come anywhere close to matching his influence or mastery of the Constitution.
Mar 20, 2020 7 tweets 2 min read
BREAKING: Major opinion from the Second Circuit in Federal Defenders of New York v Bureau of Prisons

"The Defenders describe a course of events that demands the attention of all components of the system that our country relies on for meting out justice."

ca2.uscourts.gov/decisions/isys… In its powerful, unanimous decision -- authored by all three judges on the panel (Walker, Parker, Carney) -- the Second Circuit emphasizes the importance of "real-time, comprehensive solutions" to healthy & safety crises at federal prisons.
Feb 7, 2020 4 tweets 3 min read
On October 15, I joined the staff of the House Judiciary Committee to serve among counsel for the impeachment inquiry. Since then, I've worked alongside extraordinarily talented lawyers, officials & public servants in defense of our democracy. Today was my last day in that role. I am eternally grateful to @RepJerryNadler and his team for welcoming me aboard. It was an honor to share offices with @NormEisen, @BarryBerke, @SarahIstel, and many other brilliant, hardworking members of the Judiciary Committee staff.
Jul 5, 2019 15 tweets 7 min read
A thread with some thoughts on DOJ's letter in the #Census2020 case, which can be found (alongside some great analysis from @rickhasen) here.

electionlawblog.org/?p=106089 First, it's unsurprising for DOJ to assert that any "new" decision to add the Q must be assessed w/o reference to the history of the policy

As I noted at @ShallTakeCare, it's a standard, oft-repeated move in the Trump DOJ's 'animus-laundering' playbook

takecareblog.com/blog/thoughts-…
Apr 26, 2019 7 tweets 3 min read
I'm late to the party but have four thoughts on how this statement affects a number of the ongoing battles between #Trump and the #House -- including those relating to investigations, subpoenas, and obstruction of justice. First, to the extent Trump disputes the accuracy of key facts in the #Mueller report, that massively enhances Congress's case for seeing the unredacted report, having #Mueller testify, having #McGahn testify, and having its subpoenas honored. So Trump shot himself in the foot.
Apr 24, 2019 12 tweets 3 min read
A number of folks have expressed doubt that any of this matters. In their view, officials currently defying Congress (and any judges who would uphold such defiance) will persist in doing so regardless of Congress's source of authority. It seems fair to say that this view partakes of a more general nihilism about the the rule of law under Trump: the creeping, paralyzing sense that nothing matters anymore except partisan loyalty, tribal truth, and the will to power.
Feb 8, 2019 8 tweets 2 min read
This is an outrage. #SCOTUS just reversed an Eleventh Circuit decision blocking an execution where the inmate, a Muslim, wanted an imam rather than a Christian chaplain to accompany him in the execution chamber. Justice Kagan dissents, "I think that decision profoundly wrong." Kagan writes: “'The clearest command of the Establishment Clause ... is that one religious denomination cannot be officially preferred over another.' Larson v. Valente, 456 U. S. 228, 244 (1982). But the State’s policy does just that."
Jan 20, 2019 17 tweets 9 min read
In this article, @Sulliview argues that "talk of impeachment, all-but-taboo in Big Media’s coverage of Trump, [has] moved from the margins into the mainstream." She attributes that development mainly to a prominent essay in @TheAtlantic. That's not right. washingtonpost.com/lifestyle/styl… There's no denying that #impeachment talk has accelerated over the past few months. But I'm not convinced that this past week was really such a Rubicon when considered in broader perspective, or that a handful of well-argued essays in liberal magazines are the drivers of change.
Jan 15, 2019 5 tweets 2 min read
.@benjaminwittes suggests Trump may have obstructed justice after taking office as part of collusion w/ Russia dating back through the campaign. In my book w/ @tribelaw, we anticipated that possibility and offerred a framework for analyzing it (pp. 60-61). lawfareblog.com/what-if-obstru… We first explain that pre-inauguration conduct can be impeachable when aimed at the corrupt acquisition of the presidency. This conclusion follows from the core purpose of the impeachment power and from debates surrounding its inclusion in the Constitution.