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Mike Sacks Profile picture
Mike Sacks
@MikeSacksEsq
Politics & Law. Communicator. Lapsed Lawyer. Serial self-retweeter. Retired competitive air guitarist.
Diana Roby Profile picture Joshua Cypess Profile picture Aviva Gabriel Profile picture Len Grossman: a sympathetic, well-meaning, elder.. Profile picture fred feller Profile picture 5 subscribed
Apr 16 • 23 tweets • 4 min read
Justice Thomas just suggested J6, legally, is no different than any other violent attempt to disrupt official proceedings Alito’s clearly for throwing out the obstruction charges against the J6 defendant here, too.
Dec 28, 2023 • 15 tweets • 6 min read
Here’s the Colorado Republican Party’s SCOTUS petition via its lawyers, who redacted their generally public contact info even though SCOTUS def won’t redact when it soon uploads the petition to the docket page. media.aclj.org/pdf/Colorado-R…


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QUESTIONS PRESENTED The Supreme Court of Colorado held that states possess authority, regardless of the lack of congressional authorization, to determine that a presidential candidate is disqualified under Section Three of the Fourteenth Amendment and that former President Donald J. Trump is disqualified as an insurrectionist. The Questions Presented are: 1. Whether the President falls within the list of officials subject to the disqualification provision of Section Three of the Fourteenth Amendment? 2. Whether Section Three of the Fourteenth Amendment is self-executing to the extent of all... Sekulow making his grand return after repping Trump in his fight to keep his financial records from the Manhattan DA
Dec 22, 2023 • 16 tweets • 5 min read
SCOTUS declines Jack Smith’s request to quickly resolve POTUS immunity issue, tells DC Circuit YOU FIRST supremecourt.gov/orders/courtor…

Image No noted dissents. Maybe libs trust that CADC will hand down its decision right after 1/9 oral args so to get whole resolved in time for 3/4 trial date?
Dec 15, 2023 • 14 tweets • 6 min read
2nd Circuit, sitting en banc, finds that non-transgender female high school athletes have standing to sue Connecticut for Title IX sex discrimination over the state's inclusion of transgender female athletes in track and field competitions. ww3.ca2.uscourts.gov/decisions/isys…

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We do not consider whether Plaintiffs’ Title IX claims have any merit or whether they would be entitled to the relief that they seek as a matter of equity, but rather whether the district court has jurisdiction to hear their claims in the first instance. We conclude that it does, for the reasons advocated for both by Plaintiffs and by Intervenors. First, Plaintiffs have established Article III standing at this stage in the litigation. They have pled a concrete, particularized, and actual injury in fact that is plausibly redressable by monetary damages and an injunction ordering Defendants t... CA2 says if the state made trans girls compete with boys, and "transgender girls alleged that such a policy discriminated against them on the basis of sex and deprived them of publicly recognized titles and placements, they too would have standing to bring a Title IX claim."
Sep 6, 2023 • 6 tweets • 3 min read
Translation: Sure we are openly defying a 5-4 SCOTUS ruling but we think Justice Kavanaugh will flip his vote if we come back at him with the exact argument he told us to make when he sided against us last time Alabama’s gonna “raise that temporal argument” and hope Kavanaugh thinks that the Voting Rights Act no longer should authorize “race-based redistricting.”

Question is whether Kav left that loaded gun out for immediate use or for some years from now.
Aug 9, 2023 • 7 tweets • 3 min read
Just unsealed from DC Circuit:

Jack Smith got a warrant for Trump’s tweet data from Twitter, Twitter was too a shambles to meet its production deadlines, claimed 1A as a defense, got hit with contempt sanctions, and lost its appeal.

https://t.co/oF5DgP6ZnScadc.uscourts.gov/internet/opini…
PAN, Circuit Judge:* The district court issued a search warrant in a criminal case, directing appellant Twitter, Inc. ("Twitter") to produce information to the government related to the Twitter account "@realDonaldTrump." The search warrant was served along with a nondisclosure order that prohibited Twitter from notifying anyone about the existence or contents of the warrant. Twitter initially delayed production of the materials required by the search warrant while it unsuccessfully litigated objections to the nondisclosure order. Although Twitter ultimately complied wit... All-Dem panel (Obama. Biden, Biden) rejected Twitter’s argument that the nondisclosure order was a prior restraint on speech…namely, the company’s desire to tell the public—and Trump—about the search warrant.

Twitter's contrary arguments are unpersuasive. First, Twitter claimed that the government's interest in maintaining the confidentiality of the criminal investigations was undermined by information already in the public sphere. Twitter asserted that "the cat [was] out of the bag: the public ... already [knew] that the Special Counsel [was] investigating the former President and collecting his private electronic communications." Opening Br. 25. We disagree. At the time of Twitter's challenge to the nondisclosure order, some information about grand jury subpoenas or visitors to the f...
Second, Twitter proposed two less restrictive alternatives to the nondisclosure order that it contended could address the government's concerns "while still enabling it to meaningfully exercise its First Amendment rights." Opening Br. 31. Those proposals involved revealing parts of the warrant to the former President or to his representatives. At the time that Twitter made its motion, those suggested alternatives were nonstarters because they would not have maintained the confidentiality of the criminal investigation and therefore risked jeopardizing it. …. In any event, such acti...
court to take on the unpalatable job of "assessing] the trustworthiness of a would-be confidante chosen by a service provider." Id.; see also E-Mail Accounts, 468 F. Supp. 3d at 562 (holding that a proposal "to notify someone at the [targeted] company, like a senior official or a lawyer in its United States office, of the warrant ... was not as effective as the nondisclosure order" in protecting an investigation). Twitter thus failed to proffer any alternative to the nondisclosure order that "accomplished] the government's goals equally or almost equally effectively...
Jul 28, 2023 • 7 tweets • 2 min read
This description of Alito’s “distinctive interpretive method” is a very long way of saying “Partisan Republican”

https://t.co/SbmXAfKPxpwsj.com/articles/samue…
Image I don’t say that as a smear. It’s exactly why the authors of this piece love him. They just can’t say it in so few and candid words lest they further aid in the court’s loss of public legitimacy.
Jul 10, 2023 • 16 tweets • 7 min read
Owning the libs by…proposing new campaign finance limits axios.com/2023/07/10/gop… Owning the libs by…proving Alito wrong when he went all NOT TRUE to Obama’s saying Citizens United would open our campaigns up to foreign influence
Jul 7, 2023 • 8 tweets • 3 min read
Another brutal and correct blast from @AdamSerwer theatlantic.com/ideas/archive/…

The promise of originalism is that, by interpreting constitutional amendments as they were understood at the time, judges minimize the risk of lawless rulings that simply reflect their own preferences. In theory, originalism should not necessarily lead to a justice’s preferred outcome, preventing the law from being corrupted by personal bias. Perhaps you think affirmative action is immoral or bad policy; perhaps you think it largely benefits the most well-off minority students. Maybe you think the legal rationale of “diversity” used to defend it is strained. Maybe you agree with those who a...
But the issue here is: Did the authors of the Fourteenth Amendment see efforts to help Black Americans as unconstitutional discrimination against white people? They very clearly didn’t. At the time, that was the position of the men who would have been just as happy if slavery had never been abolished at all. Two sentences that at once defend the constitutionality of affirmative action while also, with the economy of four words, point to a better way forward now that it’s gone theatlantic.com/ideas/archive/…
The authors of the Fourteenth Amendment were trying to undo a racially oppressive labor caste system, so they needed to focus on race. They would not have been trying to do so in a “race neutral” way, because they were not a party to 20th- and 21st-century conflict over the limited number of places in the factories of elite reproduction.
May 30, 2023 • 9 tweets • 4 min read
This from @The_Law_Boy via @ballsstrikes is dead-on.
ballsandstrikes.org/law-politics/d… ImageImage Been banging on about this here for a while
May 28, 2023 • 4 tweets • 2 min read
THIS IS SO GOOD Thomas’s Michigan Law affirmative action dissent is evidence of his Black nationalism, and progressives would do well to co-opt his vision and turn it in their direction once it becomes a majority in the Harvard/UNC cases.
Feb 16, 2023 • 4 tweets • 1 min read
Finally a contemporary judge after my own heart on standing Only took 140+ pages of multiple other opinions to get there: htv-prod-media.s3.amazonaws.com/files/2022-sc-…
Jan 19, 2023 • 4 tweets • 1 min read
Or—just hear me out—leak more.

supremecourt.gov/publicinfo/pre… And if you don’t want leaks, then just keep us all updated on your initial votes, ongoing negotiations, and outlines of your drafts!
Dec 19, 2022 • 11 tweets • 4 min read
DC Circuit Judge Wilkins, via @Dahlialithwick slate.com/news-and-polit… And yet, many believe that our system of jurisprudence must Something’s happening here.

Wilkins’s anti-originalism argument shares its thesis with @ElieNYC’s book:
Dec 19, 2022 • 12 tweets • 5 min read
MA’s high court reaches same result as SCOTUS had in Glucksberg. But in rejecting a constitutional right to physician-assisted suicide, MASJC refuses to use the case to straitjacket the protection/establishment of unenumerated rights as SCOTUS had 25 years ago. After SCOTUS refused to overrule Roe in Casey, the conservative legal movement saw challenges to physician-assisted suicide as a way to develop a restrictive reading of the 14th Amendment that could ultimately be cited as precedent to overturn Roe and Casey.
Nov 9, 2022 • 7 tweets • 2 min read
The Chief Justice has every right to show up to work tomorrow and scream WHAT DID I TELL YOU to his five fellow Republican justices “You’re lucky I’ve led our efforts to rig the electoral system in Republicans’ favor, but wouldn’t it have been nice TO HAVE DONE SO WITHOUT NEEDLESSLY ANTAGONIZING WIDE SWATHS OF VOTERS NECESSARY TO MAINTAIN THE ILLUSION THAT OUR PARTY CAN STILL WIN FAIR AND SQUARE?
Nov 9, 2022 • 4 tweets • 2 min read
If this holds, then the story is not only Dem overperformance/Rep underperformance, but also DEMS MAY HAVE KEPT THEIR MAJORITY BUT FOR EXTREME REPUBLICAN PARTISAN GERRYMANDERING AND THE REPUBLICAN COURTS THAT WERE COOL WITH IT In which @mjs_DC nailed it slate.com/news-and-polit…
Nov 9, 2022 • 5 tweets • 1 min read
Is this at the NAC? That acronym for if you know you know phillymag.com/news/2019/06/0…
Nov 8, 2022 • 5 tweets • 2 min read
Ho goes full Lochner…by going full Griswold. Seriously
Nov 7, 2022 • 6 tweets • 2 min read
My people A story
Oct 23, 2022 • 10 tweets • 5 min read
Another reminder of the disingenuousness of the originalist project, straight from the brief of its arch-partisan godfather ImageImage Meese’s originalism won out in the 80s bc Reaganism’s popular mandate swept away the Great Society era the Brennan/Marshall’s living constitution represented. But Reaganism is now a political zombie animated by an unrepresentative judiciary installed by minoritarian forces.