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Sam Bagenstos Profile picture
Sam Bagenstos
@sbagen
Civil rights lawyer and law prof. Tweets are in my individual capacity and do not reflect the views of any institution with which I am affiliated.
Nov 20, 2020 • 6 tweets • 2 min read
A really important column from @NolanFinleyDN (the conservative editorial page editor of the Detroit News):
detroitnews.com/story/opinion/… via @detroitnews "Beneath the frivolous lawsuits, the distorted claims of voter fraud and the desperate denials of reality, there's a calculated strategy the Trump camp is pursuing to steal the presidential election from Joe Biden."
Jul 31, 2020 • 5 tweets • 2 min read
Bad news for Michigan elections this fall. Michigan Supreme Court, by 4-3 vote, refuses to hear case seeking postmark deadline for counting absentee ballots. Justice Bernstein's dissent, joined by Chief Justice McCormack and Justice Cavanagh, is outstanding. BERNSTEIN, J. (dissenting). A majority of this Court has votGiven the importance that absentee voting will have on the u
Jul 14, 2020 • 4 tweets • 1 min read
My god, this story: Student at Groves HS in Birmingham, Mi, is incarcerated in a juvenile facility on the alleged probation violation of not keeping up with her online schoolwork during the pandemic. She's still there. Surprise twist in the next tweet. propublica.org/article/a-teen… The surprise twist is that the kid is Black. Okay, that probably didn't surprise you. (Groves, one of the top schools in the state, is largely well off and white.)
May 30, 2020 • 5 tweets • 1 min read
The Civil Rights Division can’t find any real civil rights to enforce, so they’re arguing that our Governor unconstitutionally discriminated against car washes? Embarrassing. As a DOJ Civil Rights alum, I’m ashamed. This would be an absurdly weak application of the rational basis test even if the Governor weren’t responding to a deadly pandemic.
May 5, 2020 • 11 tweets • 3 min read
I just reviewed the complaint that Rep. Paul Mitchell filed against @GovWhitmer in federal court (dropbox.com/s/tfi86pbqyoje…). It's super-weak in general, but some of the claims are just frivolous (something I don't say lightly). The first count alleges that the Governor has violated the Republican Guarantee Clause of the US Constitution. But the Supreme Court has repeatedly held that the Guarantee Clause isn't justiciable -- meaning that it can't be the basis for a lawsuit.
Apr 24, 2020 • 6 tweets • 2 min read
Anyone who knows me knows that (a) opposing eugenics is one of my core commitments, (b) opposing discriminatory medical rationing has been a major focus of my professional efforts this past few weeks, and (c) I could not disagree more with @GovindPersad's argument. Indeed, if you want to see how much I disagree with Prof. Persad, read my own piece, soon to be published by @YaleLJournal in their online edition, which specifically rebuts his argument: papers.ssrn.com/sol3/papers.cf…
Nov 8, 2019 • 6 tweets • 2 min read
Just finished Border Wars by @jhdavis and @shearm. It does a great job of capturing a key dynamic of the Trump presidency: strategic bumbling and indiscipline by Trump dooms his big legislative initiatives, but henchmen succeed in working lots of evil below the radar. Seriously, Trump comes across as exactly the clown, bully, and ignoramus you'd expect, but Miller is laser-focused on doing as much as he can as quickly as he can throughout the bureaucracy.