PHEW. Judge Carlton Reeves has some READING for everyone tonight, including #SCOTUS justices, who failed to take up any of the qualified immunity cases before them this term. scribd.com/document/47141…
Reeves's opening, which takes four pages, is haunting and damning.
This is the journey Reeves then takes the reader on in the nearly 70 pages that follow:
The first #SCOTUS decision is in Our Lady of Guadalupe School v. Morrissey-Berru, reversing the 9th Circuit. 7-2 opinion by Alito. Sotomayor, joined by Ginsburg, dissent: supremecourt.gov/opinions/19pdf…
The Court holds that people who don't have the title of "minister" can nonetheless play a minister-like role and those people cannot sue for employment discrimination claims.
Ten years ago tonight, I went to bed sober, having finally reached the realization—or more accurately, admitted the realization I’d long known—that drinking just wasn’t working for me any more. I did not know what would come next, so I took it one day at a time. For 10 years.
The life I lead today is not the path my life was on 10 years and 1 day ago. Not at all. I am forever grateful that something changed on the morning of June 27, 2010—I’d half-heartedly tried to stop before then—that has led me to a place where I have not had a drink since then.
The help I have received since then, the people who have been there for me, the moments of grace that saved my sobriety (and, doubtless, life) when I wasn’t in a place to save it for myself—for all of that, I am forever grateful.
In the morning: One or more #SCOTUS decisions at 10a ET. We don’t know how many or which ones. Among those remaining: Trump taxes, abortion restrictions, ACA contraceptive mandate, public funds & religion, CFPB constitutionality, faithless electors, prosecutions on tribal land.
Altogether, 14 cases (on 12-ish issues, w/ Mazars and Vance on Trump’s taxes and Chifalo and Baca on faithless electors) remain outstanding. More background at @SCOTUSblog: scotusblog.com/statistics/
Outside of the cases themselves, I’ll be interested in seeing how many cases we get in the morning, as well as whether we get a Friday decision day as well. If not, the next decision day would be Monday, along with orders from Thursday’s private conference. #SCOTUS
Here we are again: In the morning, the Supreme Court is expected to release decisions in one or more of the remaining 15 argued cases.
At 9:30a, #SCOTUS will release orders from its private conference held last Thursday. Then, beginning at 10a, the Court will release one or more decisions in argued cases, in 10-minute increments.
There are 15 argued cases still outstanding. They include five cases from before #SCOTUS shut down for COVID-19 and all 10 arguments conducted over audio in May. We don’t know how many decisions we’ll get Monday, let alone which ones they’ll be.
Barr says Trump has now fired Berman. This, Barr says, is authorized by 241(c). Notably, however, Barr has shifted, and is allowing the Deputy US Attorney to serve as the Acting US Attorney — and not, as per last night’s release, the NJ US Attorney.
541(c). Apologies. // In any event, what remains unclear: 1. If Berman accepts that Trump can fire him. 2. If SDNY D Ct accepts that Trump can fire Berman. 3. If SDNY D Ct accepts that 3345 applies now in permitting Dep US Attorney to become acting, or whether, b/c 546 was ...
... invoked, and 546(c) was already utilized for this vacancy, only the SDNY D Ct is authorized to fill the vacancy. (The 546(d) langauage says “may,” so it seems like the deputy could default to acting BUT that the District Court remains authorized to appoint a new US Atty.)
On the substance of tonight's SDNY move, there seems to be as much confusion as there is potential nefariousness — as is often the case with this administration.
Here's the DOJ press release, which, contrary to some news reports, suggests that Berman is NOT leaving the job immediately — it gives a July 3 date — although a two-week transition for SDNY is still abrupt. justice.gov/opa/pr/attorne…
Given Berman's appointment was through SDNY dist ct under 28 USC 546(d), I believe he'd have to resign in order to be replaced — unless the Senate confirmed a successor.
I can’t believe “New Guard” Trump “r[o]se to power” from the “campus culture wars.”
This is a sideshow. And it’s so wrong. And I fought about it on here in earlier iterations. Other discussions are more important right now so I’m trying not to get bogged down in it, but suffice it to say, I think Bari’s view is very wrong and at some point I will return to it!
I’m so mad about the Buffalo video, when I had only seen the first one, from the other side of the street. The one from right by him is worse and shows even more indifference from many of the officers. How did they not stop, immediately, to address the injury that they caused?
Policing in America is broken, and officers keep proving it to us, nationwide, with an unfathomable wave of violence. Any officers who did not stop to help in Buffalo tonight should not be officers. If you cannot “protect,” you should not “serve.”
And let’s be clear: Policing is broken, but Donald Trump is exploiting its brokenness and encouraging all of this horror — from the Central Park Five to the campaign to the 2017 speech where he encouraged law enforcement to rough up people who have been arrested to this week.
Cleveland's police chief acknowledges that police have been "thrust" into the position of dealing with mental health crises, but doubles down on defending his budget & says private entities would need to step up in order to deal with mental health issues. pscp.tv/w/1gqxvErdoOjJB
There is absolutely no way that this curfew — even with the excemption — doesn’t chill voting participation. The initial confusion over the impact alone chilled it. To do this in the midst of an already confusing, abridged process due to coronavirus makes it all the worse.
And, just as predicted, @MayorBowser, your actions stole people’s vote today.
An appalling, inhumane statement by the president of the United States, Donald Trump, at nearly 1am.
[Also, the Minnesota National Guard already announced it activated 500 soldiers, so, he’s uninformed in addition to everything else.]
The fact that Donald Trump still lacks basic understanding of how government works — does he know that the city and the county both exist, neither controls the other, and they both have different jobs? — alone makes him a national danger at moments like this.
Twitter hides one of the two Trump tweets from tonight for “glorifying violence.”