Leah Litman Profile Banner
Leah Litman Profile
Leah Litman

@LeahLitman

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Prof. @Umichlaw . Con law & fed courts. Cohost @StrictScrutiny_ co-founder @womenknowlaw . tweets about courts, democracy, my dog, Taylor Swift, & reality TV.

Joined July 2008
Don't wanna be here? Send us removal request.
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@LeahLitman
Leah Litman
10 months
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!!!
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@LeahLitman
Leah Litman
1 year
HAPPY FOUR SEASONS TOTAL LANDSCAPING DAY TO ALL WHO OBSERVE
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@LeahLitman
Leah Litman
1 year
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.
@abbydphillip
Abby D. Phillip
1 year
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
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@LeahLitman
Leah Litman
2 years
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???"
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
10 months
WOW from KBJ's dissent in the affirmative action cases:
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@LeahLitman
Leah Litman
2 years
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….
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@LeahLitman
Leah Litman
11 months
Sam Alito wrote a WSJ op-ed. No that sentence is not a joke.
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@LeahLitman
Leah Litman
1 year
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. 👩‍⚖️🧑‍⚖️👨‍⚖️🏛🏛
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@LeahLitman
Leah Litman
2 years
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!
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@LeahLitman
Leah Litman
2 years
I look forward to media coverage about how the GOP calls to “defund federal law enforcement” are alienating voters.
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@LeahLitman
Leah Litman
11 months
“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.
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
2 years
👋👋👋
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@LeahLitman
Leah Litman
1 year
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
@lizcgoodwin
Liz Goodwin
1 year
Sen Cornyn says he’s a no on temporarily replacing Sen Feinstein and that he doesn’t believe there are 10 R votes there for it.
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@LeahLitman
Leah Litman
1 year
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.
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@LeahLitman
Leah Litman
2 years
"I THOUGHT PART OF WHAT IT MEANS TO BE AN AMERICAN IS THAT OUR INSTITUTIONS SHOULD REFLECT WHO WE ARE AS A PEOPLE"
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@LeahLitman
Leah Litman
11 months
the personal jet seat would have been UNOCCUPIED if Justice Alito hadn't taken it! it would have been so lonely! don't you see he HAD TO!!!
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@LeahLitman
Leah Litman
9 months
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.
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@LeahLitman
Leah Litman
11 months
Sam Alito has taken PJ (personal jet) trips. And he's VERY upset that you would think this creates an appearance of impropriety!!!!!!
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@LeahLitman
Leah Litman
2 years
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."
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@LeahLitman
Leah Litman
11 months
preemptively responding to a story that @propublica is about to run. this is, as we say, art. and beyond parody.
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@LeahLitman
Leah Litman
2 years
a chilling line from the joint dissent -- Kagan, Breyer, & Sotomayor do not believe this Court will stop with Roe.
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@LeahLitman
Leah Litman
10 months
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.
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@LeahLitman
Leah Litman
11 months
John Roberts must resign unless he can figure out who's behind these leaks. *checks notes* oh, his name is on the op-ed....
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@LeahLitman
Leah Litman
2 years
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)
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@LeahLitman
Leah Litman
2 years
Justice Thomas calls on SCOUS to overrule Griswold (right to contraception); Lawrence (invalidating anti-sodomy laws); Obergefell (marriage equality)
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@LeahLitman
Leah Litman
2 years
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 🧵
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@LeahLitman
Leah Litman
2 years
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!
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@LeahLitman
Leah Litman
2 years
WOW
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@LeahLitman
Leah Litman
11 months
... 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.
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@LeahLitman
Leah Litman
2 years
glad this happened before the release of the ~official/final~ opinion in Dobbs 😈😈😈
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@LeahLitman
Leah Litman
2 years
And their joint dissent does not hold back
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@LeahLitman
Leah Litman
5 months
Georgia could still make the college football playoffs if Mike Pence has the courage to do the right thing.
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@LeahLitman
Leah Litman
11 months
*chefs kiss* no notes
@stevenmazie
Steven Mazie
11 months
TFW you hit a paywall when you’re trying to read a Supreme Court justice’s take on Supreme Court ethics
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@LeahLitman
Leah Litman
11 months
AND FINALLY, he would like you to know that he stayed at the lodge, for free, before it was nice and renovated.
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
2 years
… 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!!
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@LeahLitman
Leah Litman
2 years
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.
@ReutersPolitics
Reuters Politics
2 years
State lawyers arguing against Biden vaccine mandates test positive for COVID-19
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@LeahLitman
Leah Litman
11 months
"TEXTUALISM!" Sam Alito says as to why he didn't have to disclose any transportation on private jets he received.
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
2 years
they really do not hold back (I'm going to keep screen shotting):
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
1 year
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.
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@LeahLitman
Leah Litman
2 years
I COULD NOT BE MORE EXCITED ABOUT THIS WHICH IS WHY IM TWEETING IN ALL CAPS FROM PARIS
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
2 years
What Justice Sotomayor says:
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@LeahLitman
Leah Litman
10 months
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.
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@LeahLitman
Leah Litman
11 months
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 ).
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@LeahLitman
Leah Litman
11 months
CHECKMATE, LIBS!!!!!!!!
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@LeahLitman
Leah Litman
2 years
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?
@GregStohr
Greg Stohr
2 years
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.
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@LeahLitman
Leah Litman
10 months
and peep that footnote
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@LeahLitman
Leah Litman
10 months
Clarence Thomas: The Freedmen's Bureau was race-neutral. Freedmen is a race-neutral term that is definitely not a proxy for race.
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@LeahLitman
Leah Litman
11 months
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."☠️☠️☠️
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@LeahLitman
Leah Litman
1 year
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.
@steve_vladeck
Steve Vladeck
1 year
Here it is:
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@LeahLitman
Leah Litman
1 year
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*.
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
1 year
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.
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@LeahLitman
Leah Litman
2 years
attn: "there's no political will/desire to overrule lawrence v. texas" crowd. (including some ~esteemed~ professors at yale.)
@NoLieWithBTC
No Lie with Brian Tyler Cohen
2 years
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.
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@LeahLitman
Leah Litman
2 years
a reminder that the GOP platform called for overruling Obergefell as well as Roe
@mjs_DC
Mark Joseph Stern
2 years
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."
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@LeahLitman
Leah Litman
10 days
Kagan follow up: "That sounds ... pretty bad doesn't it?"
@LeahLitman
Leah Litman
10 days
Kagan: "How about if POTUS orders the military to commit a coup?" Trump's lawyer says this might be an official act entitled to immunity
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@LeahLitman
Leah Litman
11 months
and here is the op-ed author bio:
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
2 years
from Justice Kagan's dissent:
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@LeahLitman
Leah Litman
7 months
reaping, sowing, etc
@MIGOP
Michigan GOP
8 months
BE UNGOVERNABLE!!!
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@LeahLitman
Leah Litman
10 months
it’s almost like Alabama is demonstrating the continued need for … pre clearance and Section 5 of the VRA… 🤔🤔🤔
@JNelsonLDF
Janai Nelson
10 months
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.
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@LeahLitman
Leah Litman
11 months
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@LeahLitman
Leah Litman
2 years
@SIfill_ I know!! She communicates "lol, u serious bro?" so well!
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@LeahLitman
Leah Litman
10 months
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."
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@LeahLitman
Leah Litman
2 years
THIS from Chief Justice McCormack:
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@LeahLitman
Leah Litman
2 years
*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.
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
9 months
petition to rename this building the mojo dojo casa house
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@LeahLitman
Leah Litman
2 years
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!
@GregStohr
Greg Stohr
2 years
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.
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@LeahLitman
Leah Litman
11 months
“how many elements of a crime can you admit to in a single conversation” challenge
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@LeahLitman
Leah Litman
2 years
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
2 years
This is just a horrific decision that will close the Martinez exception that allowed litigants to enforce the 6th amendment right to counsel.
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@LeahLitman
Leah Litman
2 years
PRELOGAR BRINGING UP LACK OF DIVERSITY AT THE #SCOTUS LECTERN -- yes
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
2 years
I said what I said
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@JRubinBlogger
Jennifer Truth Over Phony Balance Rubin 🇺🇦🇮🇱
2 years
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"
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@LeahLitman
Leah Litman
11 months
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.
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@LeahLitman
Leah Litman
1 year
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!
@ProfMMurray
Melissa Murray (@ProfMMurray on Threads 🧵)
1 year
The impact of redistricting and gerrymandering on these House races is staggering... and a byproduct of SCOTUS decisions like Rucho v. Common Cause.
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@LeahLitman
Leah Litman
1 year
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.
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@LeahLitman
Leah Litman
2 years
ladies: because you're not welcoming the loss of one of your constitutional rights, maybe we should take away some others too!
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@LeahLitman
Leah Litman
11 months
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
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@JRubinBlogger
Jennifer Truth Over Phony Balance Rubin 🇺🇦🇮🇱
11 months
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
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@LeahLitman
Leah Litman
1 year
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. 👩‍🎓🧑‍🎓
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@LeahLitman
Leah Litman
1 year
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. 😌)
@UMichLaw
Michigan Law School
1 year
Congratulations to Professor @LeahLitman on receiving the 2023 Ruth Bader Ginsburg Scholar Award from the American Constitution Society! @acslaw
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@LeahLitman
Leah Litman
2 years
Justices Kagan, Breyer, & Sotomayor issue a rare joint dissent
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@LeahLitman
Leah Litman
11 months
GET IN LOSERS WERE GOING TO BE ENFORCING THE VOTING RIGHTS ACT
@NAACP_LDF
Legal Defense Fund
11 months
"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
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@LeahLitman
Leah Litman
2 years
another example of how, as we discussed on @StrictScrutiny_ when we talked about the Voting Rights Act case, her presence & questioning feels genuinely transformational.
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@LeahLitman
Leah Litman
2 years
thank u for the tenure gift, steve. 🙏🙏🙏🙏
@JoshNBCNews
Josh Lederman
2 years
NEWS: Supreme Court Justice Breyer to retire, @PeteWilliamsNBC reporting live on @NBCNews Special Report
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@LeahLitman
Leah Litman
5 months
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.
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@LeahLitman
Leah Litman
2 years
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.
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@LeahLitman
Leah Litman
11 months
Holy SHIT the court AFFIRMED the finding that AL districts were likely vote dilution that diluted the votes of Black voters!
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@LeahLitman
Leah Litman
2 years
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....
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@LeahLitman
Leah Litman
10 months
Washington Post: Influential activist Leonard Leo helped fund media campaign lionizing Clarence Thomas
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@LeahLitman
Leah Litman
2 years
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@LeahLitman
Leah Litman
2 years
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?
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