Tom
Director of Democracy Initiatives @BrennanCenter, by day. By night, I write. My novel, SOUND (@fsgbooks / @faberbooks): https://t.co/S2VuNfowSo. #ViewsMyOwn
Jun 28 5 tweets 1 min read
Overruling Chevron means that the Supreme Court has given itself the power to second-guess the decisions the rest of the federal government makes to keep us safe. This isn't democracy. This is rule by an imperial SCOTUS. @BrennanCenter 🧵👇 You can read the full opinion, if you can bear it, here: brennancenter.org/sites/default/…
Apr 8 15 tweets 3 min read
The weight of history is against Trump in his bid for immunity from prosecution for his attempts to overturn the 2020 election. Today 15 historians—including 7 members of @BrennanCenter’s Historians Council on the Constitution—filed a SCOTUS brief making exactly that point. 🧵👇 Image You can find the full brief here: brennancenter.org/sites/default/…
Oct 28, 2022 14 tweets 5 min read
The amicus briefs in the SCOTUS fight vs. the independent state legislature theory—Moore v. Harper—are now all IN. Together, they make a strong cross-partisan case against the ISLT that highlights big problems with Petitioners' presentation. Let's go! 🧵👇
@BrennanCenter The takeaways:

1. Opposition to the ISLT is bipartisan

2. The anti-ISLT camp is big and diverse, the pro-ISLT camp... isn’t

3. The weight of authority is anti-ISLT

4. The ISLT threatens major harms, which Petitioners ask the Court to ignore
@BrennanCenter
#ISLTamici
Oct 28, 2022 14 tweets 2 min read
Fourth #ISLTamici Theme: The ISLT’s potential harms are significant, and the Petitioners are asking the SCOTUS to ignore them One of the more alarming features of the Petitioners’ brief is that it never explains why, as a practical matter, anyone—the Framers, Americans today, the Supreme Court—should want what the ISLT is offering them.
Oct 28, 2022 18 tweets 3 min read
Third #ISLTamici Theme: The weight of authority is anti-ISLT Let’s use history as an example.

Particularly after the Supreme Court’s rulings last term in Dobbs (on abortion rights) and Bruen (on gun control), history will play an important role in resolving this case.
Oct 28, 2022 9 tweets 2 min read
Second #ISLTAmici Theme: The anti-ISLT camp is big and diverse, the pro-ISLT camp... isn’t There have been nearly 70 amicus briefs filed in the case—roughly two-thirds of them oppose the ISLT.
Oct 28, 2022 18 tweets 6 min read
The amicus briefs in the SCOTUS fight vs. the independent state legislature theory—Moore v. Harper—are now all IN. Together, they make a strong cross-partisan case against the ISLT that highlights big problems with Petitioners' presentation. Let's go! 🧵👇@BrennanCenter The takeaways:

1. Opposition to the ISLT is bipartisan

2. The anti-ISLT camp is big and diverse, the pro-ISLT camp... isn’t

3. The weight of authority is anti-ISLT

4. The ISLT threatens major harms, which Petitioners ask the Court to ignore @BrennanCenter #ISLTamici
Sep 7, 2022 13 tweets 4 min read
The 1st wave of amicus briefs in SCOTUS’s upcoming “independent state legislature theory” case is incoming—if you read no other brief, read the Conference of Chief Justices'. This is a rare and significant brief that should send a strong caution to the Justices🧵👇 @BrennanCenter Here’s the brief: supremecourt.gov/DocketPDF/21/2…
Jun 30, 2022 18 tweets 4 min read
SCOTUS has just decided to take a case out of NC that several conservative Justices seem to be eyeing to liberate rogue state legislatures to undermine fair elections and fair maps. Unpacking what this decision does —and what it might mean 👇 🧵@BrennanCenter The Court’s order list is here: supremecourt.gov/orders/courtor…. The case is Moore v. Harper, No. 21-1271.
Apr 28, 2022 18 tweets 4 min read
A prominent conservative legal figure who helped stop Trump from overturning the 2020 election is back with a warning: The 2024 election is at risk. Now. What’s this about? And what’s being done to ensure we don’t have a replay of 2020?🧵👇 @BrennanCenter
cnn.com/2022/04/27/opi… While you may be used to warnings like this from left-leaning figures, the author of the op-ed—J. Michael Luttig—is a major figure in conservative legal circles. Here’s Politico on his career: Image
Mar 29, 2022 29 tweets 7 min read
CENSUS UPDATE

Last year, we stopped Trump from rushing out the 2020 Census results. As part of our settlement, the Census Bureau agreed to brief us today on the quality of the 2020 data.

What did their briefing show?

More, with charts and graphs 👇🧵@BrennanCenter (For background, I'm a lawyer and policy advocate. My team @BrennanCenter co-counseled the lawsuit that stopped Trump’s census rush plan, w/ @LathamWatkins and @LawyersComm.

My goal? Give you an easy-to-understand overlay on some fairly, but not enormously, technical findings.)
Mar 10, 2022 28 tweets 6 min read
🏮The newly issued quality check on the 2020 Census is IN.

And it confirms what we’ve known for many decades: The census has a systemic undercount problem that the government HAS to address.

Unpacking this new study and more with charts and graphs @BrennanCenter 👇🧵 (For background, I'm a lawyer and policy advocate who has spent years both studying and litigating over the census. My goal is to give you an easy-to-understand overlay on some fairly, but not enormously, technical findings and jargon.)
Mar 7, 2022 4 tweets 2 min read
Major victory for voters this evening as SCOTUS blocks cases seeking to undercut our voting rights using a very radical, unprecedented legal theory. Major defeat for the so-called "independent state legislature theory." Court's orders 👇. More soon... @BrennanCenter Here's the Court's order in the North Carolina case: s3.documentcloud.org/documents/2139…
Jan 15, 2022 7 tweets 3 min read
🏮BREAKING: New documents unearthed by @BrennanCenter show Census Bureau officials pushing back against the Trump admin's multiple attempts to interfere with the 2020 Census, new info about the Trump admin's citizenship-data-gathering plot, & more...
nytimes.com/2022/01/15/us/… The full trove of documents is here: brennancenter.org/our-work/resea…

A few toplines ⬇️
Jan 16, 2021 21 tweets 7 min read
🚨 BREAKING CENSUS NEWS: The Trump administration pledges it will stand down on reporting #2020Census numbers—including, but not limited to, citizenship numbers—in a significant victory for our lawsuit challenging the rushed count. 🧵👇 @BrennanCenter The “we”: the relentless coalition of @BrennanCenter @LawyersComm @lathamwatkins @NatUrbanLeague @LWV @BAJItweet @NAACP @CityAttorneyLA @sliccardo @Chicago @CountyofLA @GRIC_Official and the Navajo Nation, who have been fighting, 24/7, since the summer on this case.
Dec 18, 2020 35 tweets 10 min read
❗️BREAKING SCOTUS has announced it will take a wait-and-see approach to Trump’s proposal to manipulate the #2020Census results by excluding undocumented people. In short: Big gamble, wrong on the law, VERY bad policy.

Unpacking this new development in the 🧵👇 @BrennanCenter The full Exclusion Memorandum Opinion is here: brennancenter.org/sites/default/…
Dec 11, 2020 4 tweets 4 min read
❗️CENSUS NEWS: A federal court has ordered the Trump administration to produce documents shedding light on the rushed close to the 2020 Census, granting our motion to compel production in our ongoing challenge. @BrennanCenter (short🧵👇) The "we": the relentless coalition of
@BrennanCenter @LawyersComm @lathamwatkins @NatUrbanLeague @LWV @BAJItweet @NAACP @CityAttorneyLA @sliccardo @Chicago @CountyofLA
@GRIC_Official and the Navajo Nation
Oct 28, 2020 16 tweets 7 min read
BREAKING: Trump is trying to rush the #2020Census results out the door on Dec. 31, but we’re not going to let him.

This morning, we launched the next phase in our push to save the census. Read the full complaint here: brennancenter.org/sites/default/….

Details in the🧵👇 @BrennanCenter Image The "we": the fearless and relentless coalition of
@BrennanCenter @LawyersComm @lathamwatkins @NatUrbanLeague @LWV @BAJItweet @NAACP @CityAttorneyLA @sliccardo @chicago @CountyofLA @GRIC_Official and the Navajo Nation
Oct 22, 2020 14 tweets 5 min read
Today's San Jose ruling that Trump can't exclude undocumented people from the #2020Census is smart. And not just because the panel got the issues right. It makes it MUCH harder for the Supreme Court to do the wrong thing and for Trump to worm out. Let's unpack it 🧵@BrennanCenter Context: A panel of judges in New York last month ruled that Trump's plan to exclude undocumented people from the #2020Census numbers used for apportionment was illegal under federal statutory law. That case is now on appeal to SCOTUS, scheduled for argument on Nov. 30.
Jun 12, 2019 5 tweets 1 min read
So, if your main argument for the citizenship question is that we asked about citizenship before the 1960 Census, you’re relying on a completely flawed census paradigm. (4) And if you’re relying on the appearance of citizenship questions on the sample surveys from 1970 onward as some kind of stamp of approval for their appearance on the 2020 head count form, you’re also on bad turf.
Jun 12, 2019 14 tweets 4 min read
It's another day ending in "-day," so of course folks are spreading bad history to protect the #2020Census citizenship question. Claims that these questions have a deep history, etc. are misleading, where they’re not outright FALSE. Why? Stroll with me for a minute or two 👇 First, the receipts