Discover and read the best of Twitter Threads about #SCOTUS

Most recents (24)

1/ In Flowers v. MS, Gorsuch joined Parts I, II, and III of Thomas's dissent. For sure, Gorsuch did not join Part IV of the dissent. But did he join the three-page introductory section, and the one-graf conclusion after the *? @dorfonlaw said No.… #SCOTUS
2/ The closest example is Thomas's dissent in Grutter. It had 7 parts, and Scalia noted that he joined Parts I-VII.… What did Scalia not join? The Introduction and the one-paragraph conclusion after ***--both of which talked about Frederick Douglass.
3/ Is there a notation to indicate that a Justice does not join the introductory section of an opinion (that is not numbered?). In Flood v. Kuhn. CJ Burger and Justices White "joined ... all but Part I" of J. Blackmun's lengthy homage to baseball.… #SCOTUS
Read 3 tweets
Six years ago today, the Supreme Court decided Shelby County v. Holder, and I wrote this @nytimes oped. Here are some parts of it
The Chief Justice’s Long Game
Read 6 tweets
#SCOTUS rules that a federal law prohibiting the registration of "immoral or scandalous" trademarks violates the First Amendment.…
Justice Alito, concurring, says viewpoint discrimination "has become
increasingly prevalent in this country. At a time when free speech is under attack, it is especially important for this Court to remain firm on the principle that the First Amendment does not tolerate it."
Justice Sotomayor says, starting now, "the Government will have no statutory basis to refuse (and thus no choice but to begin) registering marks containing the most vulgar, profane, or obscene words and images imaginable."
Read 3 tweets
#SCOTUS grants 8 new cases this morning.
Still no action on the DACA cases. Here’s the full #SCOTUS orders list:…
Read 13 tweets
1/ Thread on Knick: SG contended that an inverse condmenation claim arises under federal law for purposes of 1331. #scotus does not resolve that question bc takings claims can be brought under 1983
2/ At several junctures CJ Roberts writes that the Takings Clause should not be treated differently than other provisions of Bill of Rights. (J. Thomas has asserted that #scotus treats 2 Am as a second class right)
3/ In dissent, J. Kagan contends that the Takings Clause is "unique"
Read 14 tweets
Error in J. Thomas's dissent in Flowers. Strauder *did not* declare the West Virginia jury segregation law unconstitutional. This is a common myth about the case. Rather, #SCOTUS held that removal provision in Civil Rights Act was constitutional, and case should have been removed
Here is discussion of Strauder in Introduction to Constitutional Law w/ @RandyEBarnett - J. Thomas should correct this error. #SCOTUS
Read 10 tweets
Sixteen cases remain from this term, including partisan gerrymandering cases and the Census case. #SCOTUS
Justice Kavanaugh has the 7-2 opinion for the majority in Flowers v. Mississippi, siding with Flowers in his case alleging discrimination in how the jury in his murder trial was picked.…
Read 9 tweets
@realDonaldTrump has placed a pause in the infliction of a military response to #Iran's #unlawful and #unprovoked attacks on #ships in #internationalwaters and a US #drone in #internationalairspace.

His own explanation?

As his tweets explain, proposed targets for such response exceeded #proportionality. Setting aside damage to ships in international waters, loss of our drone inflicted between 120 and 180 million $$$$ in loss. Proposed strike might have caused up to 150 lives.
Trump correctly concluded that such a response lacked proportionality. That consideration is important.

Limiting our response to inflicting proportionate damage demonstrates both #wisdom and #justice.
Read 14 tweets
Georgia is scheduled to execute Marion Wilson tonight; Wilson has a cert petition —… — and application for a stay of execution —… — pending at #SCOTUS.
For background on the circumstances that have led to Wilson's potential execution tonight, read this from @LilianaSegura —>
And, here's the second cert petition —… — and stay application —… — at #SCOTUS in Wilson's case.
Read 8 tweets
🚨Supreme Court rules GIANT CROSS on public land maintained by public funds is NOT govt endorsement of religion. SCOTUS said Maryland’s maintenance for decades shows the opposite—the cross has securlar meaning & purpose. SO no First Amendment violation.…
😳"The passage of time…gives rise to a strong presumption of constitutionality." SCOTUS reverses lower-court ruling that giant cross on public land maintained at taxpayer expense is unconstit'l. Alito says cross "evolved" to become secular, removal would be hostile to religion.
Supreme Court's "secular cross" ruling is a BFD. Alito's language invoking history & cultural symbols, will undoubtedly boost white supremacists to maintain offensive Confederate symbols thruout the South—at taxpayer expense. One good thing: SCOTUS acknowledges meaning evolves.
Read 4 tweets
One or more opinions in argued cases are expected from #SCOTUS in 10 minutes. Twenty-one cases, including partisan gerrymandering questions and the Census case, remain. From @SCOTUSblog:
A split decision with no majority opinion from the court in Gundy, a case raising the "nondelegation doctrine" in a sex-offender registry case. Alito provided the more liberal justices with their 5th voting upholding the delegation, but wrote separately.…
Read 11 tweets
1/ In the Civil Rights Cases (1883), #SCOTUS rejects the argument that Cong could prohibit segregation in places of public accommodation. Congress's powers under Section 5 of the 14th Am, the Court holds, can only remedy violations of the Constitution that are "state action"
2/ But what about Congress's power to regulate interstate commerce? I had always focused on the lead cases, in which theaters and other intrastate public accommodations were segregated. But there is another case I never focused on--until a student flagged it yesterday.
3/ One of the cases involved a woman traveling by train from Tennessee to Virginia.
Read 8 tweets
Sixteen years ago, I started Law Dork while a student at @OSU_Law in large part because #SCOTUS was considering Lawrence v. Texas, I was a 1L, and I wanted to write about it. So, with a push from @zipsix, I did.
Starting in 2010, after I had moved back to DC, I began reporting on the cases before #SCOTUS. I covered the end of DOMA, telling Edith Windsor's story.…
Read 8 tweets
Hard to overstate the stakes in the census case and the battle over John Roberts’ commitment to the rule of law
I have a sneaking feeling that Roberts and conservative Court majority sides with the government on the census case but Robert(& Kav?) sides w liberals to strike partisan gerrymandering in tiny fraction of cases as egregious as North Carolina to try to preserve #SCOTUS legitimacy
Read 4 tweets
Re: #SCOTUS ruling in Gamble: In my opinion, there's an argument inter-sovereign Double Jeopardy need not be symmetrical. There are many reasons a single state's prosecutorial choices shouldn't bind the federal gov't. But the analysis seems different for fed gov't binding states.
From structural perspective, a single state's actions shouldn't give rise to double jeopardy bar against fed'l gov't. But the fed'l gov't represents the people as a whole, including the ppl of each state, so its actions may more reasonably preclude a state retrial (cf preemption)
3/ The Double Jeopardy Clause originally applied only to the federal gov't, so only federal prosecutions could be blocked. Since a state prosecution couldn't bar a later federal prosecution under my potential approach, the DJ Clause was subject to the dual-sovereigns doctrine.
Read 7 tweets

Trump Adm sends 1k more troops to ME.

Our Allies don’t believe Trump Adm assessment

Japan says they saw projectiles prior to the attack on their ship

We’ve seen this play b/4.

Deutsch Bank in the Dumpster.... Considers Closing U.S. Equities Trading in Revamp

Alex Jones allegedly sent child pornography to the lawyers for the families of the Sandy Hook tragedy, their lawyers said.

Russia is removing info about owners of all companies registered in Crimea from publicly available database, used by corruption investigators.

In Gamble v. US, #SCOTUS reaffirms “separate sovereigns” exception to Constitution’s double jeopardy clause; ruling means that federal & state governments can prosecute defendant for same conduct without violating Constitution

#Sucks2bU #TeamTrumpTraitors
Read 50 tweets
1/ Running thread as I read through the 88 pages (!) of Gamble v. US. First, I'll start w/ J. Alito's majority opinion #SCOTUS
2/ Gamble considered a draft of the Double Jeopardy Clause that was rejected. Alito says this draft should "count for little" bc "The private intent behind a drafter’s rejection of one version of a text is shoddy evidence of the public meaning of an altogether different text"
3/ In other contexts, Justices have given great weight to rejected proposals. For, in Lee v. Weisman context, J. Souter focused at great length about earlier versions of the Establishment Clause that were rejected.…
Read 91 tweets
THIS MORNING: Orders coming from #SCOTUS at 9:30a, followed by one or more opinions in argued cases at 10a. As this @SCOTUSblog chart shows, 24 cases remain to be handed down.
JUST IN: #SCOTUS sends Klein, the Oregon baker case, back to the state courts to reconsider it in light of Masterpiece, an unusual move, given that the cert petition was relisted for 10 conferences before the court made this decision to grant, vacate, and remand the case.
No new merits grants, and no action on the DACA cert petitions. #SCOTUS orders here:…
Read 21 tweets
Listen Up ALL #QAnon ppl and especially the ones tweeting RE: #RBG 🚨 You are making a FOOL out of @POTUS Do you understand the @USMarshalsHQ handle all #SCOTUS forever. IF the Marshals withheld her death from @realDonaldTrump ..😂😂 I’ve seen her! Sit in the Courtroom. #MAGA
Paleeze if you don’t believe me, unfollow me
And I’m DONE preaching to ppl how idiotic this #conspiracytheory is.. so IF I see you tweeting about it, you’re unfollowed.
Read 6 tweets
1/ Tonight the ACLU asked #SCOTUS to grant a limited remand in the census case so SDNY can consider the Hofeller files.…
2/ The case was placed on an expedited briefing schedule so the government could prepare the census forms in time. But the forms do not need to be printed until Oct. 31. In theory at least, #SCOTUS could hold a special Aug or Sept sitting to decide case in time.
3/ What is the leading precedent to support a limited remand? United States v. Shotwell Mfg. Co., 355 U.S. 233, 239–41 (1957) (Harlan, J.)
Read 21 tweets
@ACLU @NYCLU @arnoldporter @uscensusbureau @john_abowd 5. Remember: last week, U.S. District Judge Jesse Furman set a schedule for reviewing the latest #CitizenshipQuestion allegations involving Thomas Hofeller docs that goes into early August -- way past @uscensusbureau's July 1 deadline to start printing👇

6. @NewYorkStateAG Letitia James, whose office represented plaintiffs in one of the NY-based #CitizenshipQuestion lawsuits, says her office “will support efforts to bring transparency to this matter.” (Deleted earlier tweet that said she supports request to delay #SCOTUS ruling.)
@NewYorkStateAG 7. Here's my write-up on the latest twist in the legal battle over the #2020Census #CitizenshipQuestion👇…
Read 5 tweets
1/ Today Pres. Trump nominated Judge Halil “Sul” Ozerden to fill the Mississippi vacancy on the 5th Circuit. That seat has been empty since the beginning of the Trump administration.…
2/ Several conservative commentator have expressed doubts about Judge Ozerden. For example, @JCNSeverino and @kenklukowski suggested that he "he has not demonstrated a commitment to textualist methods of statutory interpretation."…
3/ I haven't studied Judge Ozerden's record at all. In fact, I hadn't heard of him until his name was first mentioned for the position.
Read 19 tweets
Must-read @RonaldKlain "We need to prepare for a complete reversal of the role the Supreme Court plays in our lives"…
We will see about 2020. But the stakes were visible in 2016 with the Supreme Court. me @tpm…
A piece of that @tpm piece of mine from 2015 on the 2016 election stakes and #SCOTUS
Read 4 tweets
1. On @Lawrence @ZoeLofgren was sharp as a tack noting that July 25, 1974 clip @MSNBC ran of VA GOP congressman Butler saying how it was their duty to impeach came at the end of investigation not the beginning like now.
2. I checked and that clip was the day after #SCOTUS ruled what we all thought were smoking gun Oval Office tapes had to be released. Then from July 27 to 30 the @HouseJudiciary @JudiciaryGOP debated the Articles and on August 5, 1974 Nixon released the Oval Office tapes.
3. Nixon resigned on August 8. I think we're currently in mid-1973 not summer of 1974.

Oh! By the way. We have tapes too. IMO many. IMO i thef FISA's intercepts including the unmasked 702s are released, Trump will have to resign like Nixon. The FISA intercepts can
Read 7 tweets

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