THREADETTE: There were several telling exchanges during yesterday's SCOTUS argument in Trump v. Slaughter, but the one that struck me most was the final exchange between Justice Jackson & Slaughter's attorney. Read the full exchange below. 1/

2/ The problem is fundamental! Article I of the Constitution vests in CONGRESS the power to legislate--not unelected bureaucrats! And this ties into a second point: Jackson, Kagan, & Sotomayor all stressed Congress's "reliance interests" in creating "independent" agencies

😡😡😡ABSOLUTELY. DISGUSTING! So-called "Republican" Dan Schaetzle is smearing my brother Jamie O'Brien, who is huge MAGA (might that be why?). While a local story, Schaetzle's behavior should be make him anathema in not just politics but polite society! 1/

https://twitter.com/16NewsNow/status/1996716144372469840

/2 Also shame on @16NewsNow for pushing Schaetzle's preferred narrative that it is about my brother when more accurately Schaetzle is claiming the County never should have sought pension for ANY County Council attorneys most (all?) of whom were Dems before my brother.

Holy CRAP! A district court judge entered an injunction that allowed the states that had processed 100% of SNAP without authorization to keep the money! Trump is still seeking stay of lower court's order to fund SNAP with school lunch money. 1/
2/ Trump Administration calls out 1st Cir.'s ridiculous reasoning. This in essence is the problem:

Wow. Surprised the Trump Administration request for stay was docketed already. 1/ 2/ \25a539.htmlsupremecourt.gov/Search.aspx?Fi…

🚨BREAKING: New Jersey terrorism criminal complaint connected to foiled Dearborn Halloween plot has been unsealed. 1/ 2/ Full docket: courtlistener.com/docket/7188774…

OMgosh. This judge is BONKERS! 1/
2/ Here's argument: Trump Administration can't "fix" state's incompetence or its system of distributing money. And it is ridiculous to say it is arbitrary and capricious to keep money for kids food for kids food.

THREAD on challenge to tariff: Opening this is tax. Common sense: Implausible Congress meant to let President to overhaul tariff. It is a one-way ratchet. It is a "sanction" statute, not a tariff statute.
1/

https://twitter.com/ProfMJCleveland/status/1986087718447952001

2/ Attorney: Verbs deal with embargoes but nothing about raising revenue. Many statute tariffs: Have many limits, this statute doesn't. Statutes say "tariffs" or equivalent.
Thomas: Going back to non-delegation point if, wouldn't that apply to embargoes.
Attorney: No. We aren't saying you can't delegate tariff you need to give "intelligent principles".
Justice Roberts: Foreign facing tax, but isn't that core power of Article II...and quite effective in achieving certain objectives.
Attorney: Think of this as Article I and Article II. Tariffs have foreign policy implications but founders gave that in Article I section 8 to Congress.
Justice Kavanaugh: If tariff were in the statute would that be acceptable and constitutionally permissible.
Attorney: Congress grant that authority to Presidents.
ME: WOW. He doesn't believe in non-delegation.
Justice Kavanaugh: What does Nixon stand for? Did Congress aware of that? Nixon announced in nationwide prime time speech, it wasn't a little piece of paper. Why didn't Congress change language?
Attorney: Nixon didn't rely on that statute and Nixon disagreed statute applied. The Circuit Court of Appeals decision doesn't change plain meaning. And even if Congress knew about it that doesn't help because case didn't say "unlimited authority," and use another statute. This president has torn up entire tariff architecture that Congress created.

THREAD: SCOTUS Tariff argument live summary. 1/ 2/ John Sauer opens with summary of why Trump has power, framing as foreign affairs.
Thomas: Ask why major question doctrine doesn't apply.
Sauer: In foreign affair context, you expect Congress to give major powers, since he has Article 2 power.
Justice Kagan (I think): What kind of Article 2 powers are you relying on.
Sauer: President has broad authority in foreign affairs.

Re-upping this because . . .

https://twitter.com/ProfMJCleveland/status/1880308121266184669

2/

https://x.com/varadmehta/status/1985833645727175136

This is going to be one hot mess for the states to figure out! 2/ This is what you ordered, your honor:

THREAD: From the criminal information re the alleged Dearborn terrorist to gay night clubs in Ferndale, Michigan. 1/
2/ That quote is found here: icsr.info/2014/04/22/ics…

Why were they investigating in the October 2020???

https://twitter.com/JudiciaryGOP/status/1983230599323156611

2/ So Trump campaign was being investigated in 2020 as well.

LOL. The judge on the SNAP case...Please, please, please, Trump Administration seek to implead Senate Democrats!! /2 Here's docket to track. courtlistener.com/docket/7178339…

OMfrickin' gosh: You HAVE to be kidding me! They opened an investigation based on the alternative electors that election lawyers concluded was the appropriate course based on the precise same situation involving Kennedy and Hawaii!!! 1/

https://twitter.com/ProfMJCleveland/status/1981427978669052133

2/ Here is a summary of the need for alternative electors and how to pretend this was a potential crime of fraud is NUTSO: thefederalist.com/2023/05/15/the…

🚨🚨🚨BREAKING: 7th Cir. denies Trump stay pending appeal. 1/ 2/ Full order: storage.courtlistener.com/recap/gov.usco…

🚨9th Cir. argument starting. 1/ 2/ ca9.uscourts.gov/media/live-ora…

Holy CRAP! @ChuckGrassley has the best whistleblowers. 1/ 2/ NOTE: These were buried in "prohibited access" files that I reported on before. judiciary.senate.gov/press/rep/rele…

🚨🚨🚨BREAKING: Trump deploys California national guard that is under federal control to Portland & Portland files a second TRO. Court has set hearing for 7 p.m., which should be now. 1/ 2/ But that call in says for 10 a.m. hearing...haven't succeeded in getting in.

🚨Here's the order for federal judge commanding Commander-In-Chief title. Docket to follow. 1/ 2/ Full docket to track case. courtlistener.com/docket/7148114…

🚨🚨🚨HUGE win for Trump Administration via Florida with 11th Cir. staying injunction ordering shut down of Alligator Alcatraz. 1/ 2/ LOL:

🚨🚨🚨Breaking: 5th Cir. issues decision on Alien Enemies Act.
2/ Following are relevant passages explaining court's opinion.