ok … some personal (and professional!) news…
I’M WRITING A BOOK! It’s about the Supreme Court — and how it’s running on conservative grievance and other bad vibes.
@OneSignalPub
so… stay tuned for more deets!!!
a reminder that last term, Justice Thomas authored the opinion that says *when your state-appointed lawyer* fails to introduce evidence of your innocence in state court, that's *your fault* - and it's illegal for a federal court to consider the evidence.
Clarence Thomas will amend his financial disclosure forms to reflect the 2014 real estate deal with Harlan Crow. Thomas claims he lost money and didn’t think he needed to disclose it — but the rules are clear that profit/loss isn’t a factor in disclosure
Justice Kagan to the lawyer challenging affirmative action: All over your brief is the claim that "it just doesn't matter if our institutions look like America ... uh... DOESN'T IT???"
Justice Jackson's question about how the anti-affirmative action position allows some family backgrounds & histories to be valued (white families with legacies) but not others (black families who experienced racial discrimination and/or were enslaved) is 🔥🔥🔥. and so on point.
this is a WILD speech.
speaking negatively about the Justices interpersonal relationships; saying the court was good before Chief Justice was appointed; calling left protests “temper tantrums”; speaking approvingly of Garland blockade….
LOVED hearing Jen Psaki say on
@MSNBC
that
@WHCOS
is “obsess[ed]” with getting judges confirmed, and that this will be a big part of
@POTUS
’s legacy. 👩⚖️🧑⚖️👨⚖️🏛🏛
yesterday the faculty voted in favor of granting me tenure (!!!!!!)…..
so now I get to wear what I want to work. 😈🧣😈🧣
(sweater a gift from
@danieltdeacon
&🧣a gift from some of the students who make this job so amazing.)
I am SO excited, grateful, & … PHEW!
“PROPUBLICA IS GOING TO RUN A NEGATIVE STORY ABOUT ME; ILL GO PREEMPT THEIR PIECE IN THE WSJ OPED PAGES” is the kind of thinking we can expect from the very judicious, temperate, evenhanded, neutral mind of Sam Alito.
in general I don't respond to trolls.
but the idea that "well of course the court won't overturn griswold (the right to contraception) because some justices said it was settled in their confirmation hearings" is absurd on its face.
and so unless senator feinstein resigns, she is single handedly preventing the biden admin from confirming the kinds of nominees they promised to nominate and were rightfully celebrated for nominating in the last 2 yrs -- professionally diverse, progressive, younger-ish, & more
this
@propublica
story is ... unreal. i encourage everyone to read it.
no one is doing a better job at making the case that the Supreme Court is broken than ... the Court and its Justices.
The GOP/conservative Justices on the Wisconsin Supreme Court are having a normal one and handling it very well that they are in the minority on that court now.
GET HIM, GIRL!!!
"'Judges create legitimacy problems for themselves ... when they instead stray into places where it looks like they’re an extension of the political process or when they’re imposing their own personal preferences,' Kagan said."
WOW reporting from
@melissagira
@newrepublic
: the man who supposedly asked the website designer in 303 creative to make a wedding website for a gay wedding says ...
he did no such thing.
Final opinion is FEC v. Ted Cruz, in which (surprise!), the Supreme Court strikes down another campaign finance regulation (a federal law prohibiting campaigns from using more than $250,000 of post-election day funds to repay a candidate’s personal loans)
yesterday the MI Board of State Canvassers deadlocked (along partisan lines) on whether an abortion rights amendment to the state constitution could be included on the Nov ballot.
this decision is a slap in the face to democracy & disenfranchises almost a million Michiganders 🧵
WE (the people of Michigan) WON! The Michigan Supreme Court ordered the Board of Canvassers to qualify the
@mireprofreedom
ballot initiative for the upcoming November election ballot!
... here you have a Supreme Court Justice *admit* that they pay "little personal attention" to the "vast majority" of cases that parties ask them to hear.
and pout that it would be REALLY HARD for them to try and figure out whether they have an interest in all of these cases.
Shinn v. Ramirez, & ... it's bad.
#SCOTUS
holds that a federal court may not conduct an evidentiary hearing in proceedings to challenge a conviction if the evidence was not developed in state court because state post-conviction counsel was ineffective.
… likening the leak to infidelity that can’t be forgotten and causes justices to look over their shoulders at their colleagues …
in case there was any question about what it’s like at SCOTUS, this should clear it up!!
update: not just one, but TWO of the lawyers challenging the federal government's covid-19 response have ... covid-19 and are accordingly arguing remotely.
Very few people could get away with what Seth Waxman is doing (& so effectively) for Harvard -- INSISTING that Justices (& Justice Gorsuch in particular) allow him to correct the record, state what the facts are, & directly rebut the allegations of anti-Asian, anti-Jewish bias.
a brief🧵on
@JohnFetterman
& closed captioning: the summer after my 1L year, I had a horrible reaction to some medication that caused me to have several TIAs (sometimes called pre-strokes or mini-strokes), only my symptoms weren't transient, & I ended up in 3 hospitals.
he said the same thing when it concerned a defendant's state-appointed lawyer's failure *to raise a constitutional claim at all* - also the defendant's fault & (to him) would have meant the federal court couldn't consider the claim.
UGH UGH UGH. The upshot of this decision: If the state appoints you a lawyer who is constitutionally ineffective at your trial; and then appoints you ANOTHER lawyer who is constitutionally ineffective to argue your trial lawyer was ineffective ... you're screwed.
A mom who helped her 17 yo daughter obtain abortion pills (& end her pregnancy) pled guilty to several charges.
Her daughter, who also pled guilty, will be sentenced soon.
So much for not punishing women, I guess.
The
#SCOTUS
habeas case is bad. I'm glad Justice Jackson wrote so clearly to explain why the majority is wrong, and how this will keep legally innocent people in prison. And I'm honored she cited one of my first law review articles (in
@VirginiaLawRev
).
extremely unclear to me why they need the extra days given that they do not feel bound to correctly recite facts or apply existing law and just seem to be willing to make shit up?
Supreme Court will issue more opinions Wednesday. No indication that will be the last opinion day, so presumably we’ll get the rest on Thursday or Friday. Four to go.
OMG JUST IN TIME FOR THE
#SCOTUS
OPS OF TODAY:
@petridishes
in
@washingtonpost
: "It is a truth universally acknowledged that an American billionaire, in possession of sufficient fortune, must be in want of a Supreme Court justice."☠️☠️☠️
apparently the author of Dobbs did not *actually* want the issue of abortion care to be decided in the democratic processes, rather than in the courts.
The IN AG's efforts to punish the doctor who provided a 10 yo rape victim an abortion - for talking to a reporter - is part of the antidemocratic response to Dobbs.
Here, it's trying to keep the suffering & cruelty unleashed by Dobbs *in secret*.
I'm not sure the country is prepared for what is about to happen at the end of June.
When SCOTUS overrules Roe - or eviscerates Roe - (one of those two things is going to happen), there is going to be a slew of restrictive abortion laws going into effect/waiting in the wings.
props for the hilarious implausibility of the explanation they came up with for what they HAD to tell Rev. Schenk ... but couldn't write in an email.
like ... this is the denial you came up with??? are you even trying????
10/10. NO NOTES.
NEW: The Attorney General of Texas, Ken Paxton (R), just said that the Supreme Court should overturn Lawrence v. Texas, which struck down laws that banned LGBTQ people from having sex. If this happened, 16 states have laws banning “sodomy” that would immediately go into effect.
Alito's draft opinion explicitly criticizes Lawrence v. Texas (legalizing sodomy) and Obergefell v. Hodges (legalizing same-sex marriage). He says that, like abortion, these decisions protect phony rights that are not "deeply rooted in history."
The Republicans on the Board of State Canvassers voted not to allow the provision on the ballot because of ...
spacing errors.
You read that correctly. No missing words. No wrong words. No doubt about what the amendment would do.
Some missing spaces.
MUST WATCH:
@NAACP_LDF
Associate Director-Counsel
@TonaBoydEsq
powerfully explains how Alabama’s defiance of a Supreme Court order to end discrimination against Black voters is a repeat offense in a battle it will lose in the end.
If Justice Jackson & Justice Sotomayor ever wrote something even remotely like their dissents today about anything I had written, I would, in the words of a former SCOTUS Justice, "hide my head in a bag."
*clears throat*: "keeping classified documents that include information about human sources strewn about the basement in your resort is necessary to enforce the voting rights act" - sam alito, at some point in the not so distant future.
I would ~personally~ like to see several reproductive rights & justice lawyers in the next few rounds of Biden nominees.
Republicans have been nominating & confirming as judges lawyers who sought to restrict abortion access.
It's past time for RRJ lawyers to be on the bench.
did one of the lawyers test positive?
SCOTUS has a rule that lawyers must take a covid test before arguing ... much like the testing rule that OSHA is trying to impose on other workplaces, & that the Court may very well invalidate!
Justice Sotomayor has decided to take part in today's Supreme Court arguments remotely from her chambers, court says. Two of the six lawyers will also be remote. Court considering Biden vaccine rules.
But it is part of two larger trends that are worth understanding: (1) the relationship between the attacks on reproductive freedom & voting rights (2) the GOP's efforts to win by attacking democracy itself, in part by seeking to control all state & local levers of power.
It is appalling that (some in) the media are treating
@JohnFetterman
's reliance on closed captioning & verbal delays as a sign of a lack of cognitive capacity.
These things are not the same.
Roberts investig off the rails. "Get a lawyer; try to talk to your justice about how insane it is for the federal government to say to an employee, ‘Hand over your personal phone'... when some of the justices themselves are going on record, with the press"
UGH final op is Jones . Thomas writes (6-3) that even if an intervening federal case shows *you were convicted of something that isn't a crime* OR *were sentenced to more time than the law allows* you CANNOT file a federal habeas petition.
YES! I was just saying networks not describing maps like Florida’s in terms of partisan gerrymandering — which SCOTUS enabled in Rucho — is a real loss and missed opportunity to inform people what is happening!
a quick thread on standing (in light of CA5's mifepristone ruling) - and just some of the things that the Supreme Court concluded were *not* sufficiently likely to occur and therefore did *not* constitute viable injuries that allowed the plaintiffs to sue.
literally this is what they wrote then!!! that Alito had the opinion assignment overturning Roe, and that it was a 5-4 vote!!!
BEFORE POLITICO PUBLISHED THE LEAKED DRAFT
this was plainly inside info:The particular targets are Justices Barrett and Brett Kavanaugh, the two newest Justices.
isn't that obvious now it was Alito who apparently connects directly with the WSJ editorial page?
via
@WSJopinion
In Mich 💙:
- Dems hold Governor, AG, & Sec of State
- Dems flip + win the statehouse (Senate & House)
- We amend state constitution to protect reproductive freedom
- We protect voting rights in state constitution
This didn't happen without MASSIVE youth turnout. 👩🎓🧑🎓
I'm incredibly honored to receive this year's RBG Scholar Award from
@acslaw
🤓😊
(I've done some ... less traditional things as an academic, which isn't always rewarded, so this recognition for my scholarship together with my other work means a ton. 😌)
"I have sought as a voting rights lawyer for the last 10 years or so to try to ensure that every American who is eligible to vote has an opportunity to do so across the ideological spectrum."
- Judicial nominee and former LDF litigator Dale E. Ho
another example of how, as we discussed on
@StrictScrutiny_
when we talked about the Voting Rights Act case, her presence & questioning feels genuinely transformational.
It’s been more than ten minutes since the CO SCT issued the opinion disqualifying Trump, which means Neil Gorsuch has already decided to join whatever opinion will reverse that decision and put Trump on the ballot.
This is -- to put it lightly -- a ridiculous argument that does not even come close to justifying a decision to keep the ballot initiative off the ballot, and to justify disenfranchising the *NEARLY ONE MILLION MICHIGANDERS* who signed petitions to get this on the ballot.
If these arguments don't convince the White House/President that the Supreme Court is out of control and a danger to sound governance/constitutional democracy....
question: firms pay HUGE bonuses to
#SCOTUS
clerks ($400K+ now), in part bc of the "training" clerks get at the Court.
given that (some of them) are learning ... how to make up facts & make ridiculous legal arguments ... does this make sense?