I cover SCOTUS @TheEconomist & teach poli sci @BHSEC. Books: American Justice 2015: Dramatic Tenth Term of the Roberts Court; Israel's Higher Law. Views my own.
11 added to My Authors
Sep 20 • 7 tweets • 2 min read
Hard to overstate how radical Bruen is. It gives judges a tool to block any gun regulation that has no clear antecedent in American history — even those that wouldn’t have existed before we had a gun violence epidemic on our hands.
Dahlia opens a little wistfully recalling the time in 2016 SCOTUS mercilessly exposed how disingenuous Texas’s SG was as he tried to defend indefensible abortion clinic restrictions.
Sep 14 • 8 tweets • 2 min read
BREAKING: Supreme Court votes 5-4 to deny Yeshiva University’s emergency request for relief from a state-court order recognizing an LGBTQ organization
Chief Justice Roberts and Justice Kavanaugh join the three liberals in denying the request. They say the university must pursue state court remedies first.
Sep 8 • 6 tweets • 2 min read
[replacing earlier deleted tweet based on somewhat inaccurate WaPo story]
DOJ asks Judge Cannon to stay her part of her own order re: Mar-a-Lago document special master as it prepares an appeal to the 11th circuit
Stay request focuses on ~100 documents DOJ says are "classifed records" whose exposure could "cause the most immediate and serious harms to the government and the public."
Sep 1 • 4 tweets • 1 min read
NEW at SCOTUS: NYC police officer—whose emergency application asking relief from COVID vaccination rules was denied this week by Justice Sotomayor—re-files his plea with Justice Thomas
This is procedurally sound. Applicants may file emergency requests to any justice they like if denied by the circuit justice. But it is highly unusual.
Aug 25 • 9 tweets • 2 min read
SCOTUS will soon get to resolve whether states can deny abortion to women suffering life-threatening medical conditions. A few thoughts on how that may go…
Glimmers of the position that fetuses are persons who merit equal rights will be apparent, but the legal debate will proceed on different grounds.
Aug 24 • 5 tweets • 2 min read
Gist of this Shelby County-reminiscent ruling: the HHS guidance on emergency abortion care imposes a “sovereign injury” on Texas bc it requires doctors there to provide abortions “when the health of the pregnant woman is in serious jeopardy” & TX prefers to ban such terminations.
Ruling also agrees w TX that EMTALA, the federal statute regarding emergency care, protects fetuses & women equally. This is a quiet but unmistakable reading of fetal personhood into federal law.
Aug 19 • 4 tweets • 2 min read
A great conversation between @jonfasman & @espinsegall on originalism, the upcoming SCOTUS term & ideas for reforming the Court econ.trib.al/COXFcyh
I also talked to Eric for my story on originalism in this week’s issue
As @tribelaw points out, it’s no coincidence that the demise of the Establishment Clause comes at the same time as the withdrawal of abortion rights. Religious supremacy (of a particular variety) now reigns at SCOTUS.
On Tuesday, when Kansans vote on whether to remove abortion rights from their state constitution (recognized by the KS supreme court in 2019), they'll encounter these badly misleading explanations of what "yes" and "no" votes mean.
Abortion is already highly regulated in Kansas. It's banned in the third trimester; there are the usual waiting periods, required ultrasounds, etc. So a vote against the Orwellian-titled amendment does *not* prohibit regulating abortion. It stops the state from banning it.
Jul 28 • 5 tweets • 1 min read
NEW at SCOTUS: James Joe Nathan, a death-row inmate in Alabama, acts as his own lawyer and files a stay of execution petition. He is scheduled to be put to death via lethal injection tomorrow, July 28.
He requests to be put to death via nitrogen hypoxia and says he didn’t have enough time to consider this as an option. Earlier today, the 11th circuit court of appeals denied his request.
Jul 3 • 5 tweets • 1 min read
New: SCOTUS votes 6-3 to replace stare decisis with new principle of soryynotsorry decisis
Thomas writes separately to say he’d prefer simply notsorry decisis
Jun 30 • 4 tweets • 1 min read
🚨🚨🚨BREAKING: SUPREME COURT CONSTRAINS THE EPA'S POWER TO REGULATE GREENHOUSE GASES. The vote is 6-3 along ideological lines.
Roberts has the majority opinion. Kagan writes the dissent: the majority "strips the EPA of the power Congress gave it to respond to the most pressing environmental challenge of our time."
Jun 29 • 5 tweets • 1 min read
NEW: Justice Breyer has sent a letter to President Biden informing him that his retirement will be effective 24 hours from now: at noon on Thursday, June 30.
“It has been my great honor to participate as a judge in the effort to maintain our Constitution and the Rule of Law.”
Jun 27 • 5 tweets • 2 min read
🚨🚨🚨BREAKING: SUPREME COURT RULES 6-3 IN FAVOR OF PRAYING PUBLIC-SCHOOL FOOTBALL COACH
The case is Kennedy v. Bremerton School District. Gorsuch writes for the majority, Sotomayor writes the dissent (joined by Breyer and Kagan) supremecourt.gov/opinions/21pdf…
Jun 23 • 4 tweets • 1 min read
🚨🚨🚨BREAKING: SUPREME COURT STRIKES DOWN NEW YORK'S GUN PERMIT LAW, EXPANDS THE SECOND AMENDMENT RIGHT TO BEAR ARMS
Thomas writes for the conservative majority. Breyer has the dissent. This puppy is 135 pages in all. Got to start reading.
BREAKING: SUPREME COURT RULES 6-3 IN MAJOR CHURCH-STATE CASE THAT RELIGIOUS SCHOOLS MUST BE INCLUDED IN TUITION-ASSISTANCE PROGRAM
The case is Carson v. Makin. Roberts writes. Breyer and Sotomayor write dissents. Kagan joins Breyer's dissent. supremecourt.gov/opinions/21pdf…
Jun 17 • 5 tweets • 2 min read
NEW on the SCOTUS shadow docket: a redistricting battle over whether Louisiana needs a second majority-minority district under section 2 of the Voting Rights Act
The district court ordered a second such district to be drawn, as Louisiana is 1/3 black but only 1 district of 6 is majority-black. The 5th circuit declined to stay that ruling. Now the LA secretary of state is asking SCOTUS to step in to halt "divisive electoral pandemonium".
Jun 13 • 4 tweets • 1 min read
Fourth SCOTUS opinion today: Garland v. Aleman Gonzalez, a 6-3ish immigration ruling by Justice Alito supremecourt.gov/opinions/21pdf…
Sotomayor's dissent accuses the majority of using faux textualism to reach its result
Jun 13 • 4 tweets • 2 min read
This morning the three liberal justices file a long dissent from the Court's refusal to take up Andrus v. Texas, a capital case in which "a plethora of mitigating evidence" had not been considered at a death-row inmate's trial. supremecourt.gov/orders/courtor…
Sounding a theme that's bound to come up in Dobbs, the abortion case, Sotomayor's dissent criticizes the majority for failing to honor stare decisis—the principle that the Court should stand by its previous decisions