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Laurence Tribe @tribelaw
This is a terrific summary: not an insane appeal, legally speaking. But one with a fatal weakness and one that’s really dumb, in practical terms. Here’s why: — PolitiTweet.org
Steve Vladeck @steve_vladeck
1. Having fully digested Trump's emergency application to #SCOTUS, here's a quick #thread on what it's really askin… https://t.co/1KBK6x4Y75
Laurence Tribe @tribelaw
Nutty is too kind. This is a whack job of an appeal. Trump’s lawyers must’ve tried hard to dissuade him from tossing this Hail Mary. — PolitiTweet.org
Andrew Weissmann 🌻 @AWeissmann_
Trump argument to SCOTUS: 11th circuit had power to stay Cannon decision BUT it cd not take the classified docs awa… https://t.co/580ML2q2oc
Laurence Tribe @tribelaw
Just watch SCOTUS turn Trump down 9-0. (Or 8-1 if Thomas dissents . . . ) Will The Donald start calling "his" three justices traitors? Will he say they have a "death wish" as he did with McConnell? https://t.co/LyMldDJqzi — PolitiTweet.org
Laurence Tribe @tribelaw
"I just wish I could stay a little longer." Such a sweet last line. No, twitter followers, I'm not sharing this because I'm dying. Not just yet, anyway. Although we should all live as though we're dying. Because we are. Here's to Jack Thomas! https://t.co/qNNMVVHmN5 — PolitiTweet.org
Laurence Tribe @tribelaw
Herschel Walker is a shoe-in for the BCWDE (Biggest Cad Worst Dad Ever) award. He'll win it in a Walk (wrong sport; pun intended). A seat for Walker in the U.S. Senate? No way. But not to worry: Raphael Warnock clearly deserves reelection as 1 of Georgia's 2 terrific Senators — PolitiTweet.org
Christian Walker @ChristianWalk1r
I’ve stayed silent for nearly two years as my whole life has been lied about publicly. I did ONE campaign event, th… https://t.co/ohEGohd0sa
Laurence Tribe @tribelaw
This should win Herschel Walker the BCWDE (Biggest Cad Worst Dad Ever) award Walking away. The U.S. Senate seat in Georgia? Not bloody likely. But not to worry: John Fetterman will make a terrific U.S. Senator. — PolitiTweet.org
Christian Walker @ChristianWalk1r
I’ve stayed silent for nearly two years as my whole life has been lied about publicly. I did ONE campaign event, th… https://t.co/ohEGohd0sa
Laurence Tribe @tribelaw
If this doesn't end Herschel Walker's phony campaign to become a U.S. Senator from Pennsylvania, that'd say some pretty pathetic things about Pennsylvania voters. My hunch is that John Fetterman will be the next Senator from Pennsylvania. And a good one, too. — PolitiTweet.org
Christian Walker @ChristianWalk1r
I’ve stayed silent for nearly two years as my whole life has been lied about publicly. I did ONE campaign event, th… https://t.co/ohEGohd0sa
Laurence Tribe @tribelaw
I can just see Trump’s new defense to charges of criminal mishandling of top secret documents: “being a hopeless slob is no crime.” https://t.co/ZB61NvqbIq — PolitiTweet.org
Laurence Tribe @tribelaw
It’s too bad the US Solicitor General isn’t embracing Justice Jackson’s forthright account of why the 14th Amendment does NOT require race-blindness. SG Prelogar is all but conceding the ahistorical Roberts/Alito/Thomas/Gorsuch position about what the Reconstruction Congress did. — PolitiTweet.org
Laurence Tribe @tribelaw
DOJ case for obstruction by Trump (18 USC 1519) is now overwhelming — PolitiTweet.org
Ryan Goodman @rgoodlaw
DOJ case for obstruction against Trump (18 USC 1519) just got a lot stronger. "Trump asked one of his lawyers to… https://t.co/gEpENx9Kza
Laurence Tribe @tribelaw
Truly extraordinary. The best summary ever. Decisive. — PolitiTweet.org
Dahlia Lithwick @Dahlialithwick
Justice Jackson explicitly reading the reports from the drafting of the 14 Amendment to explain that it was “not a… https://t.co/bZIvoPgqCF
Laurence Tribe @tribelaw
Justice Jackson just asked a question that no honest originalist could possibly answer the way the challengers to using race to comply with the Voting Rights Act are answering it. Her use of the 14th Amendment’s history was irrefutable without perverting its original meaning. — PolitiTweet.org
Laurence Tribe @tribelaw
Making phony arguments is taking us SO much time! — PolitiTweet.org
Lawrence Hurley @lawrencehurley
Latest in Trump lawyering, via @emptywheel: https://t.co/YC8yboovJd
Laurence Tribe @tribelaw
Only Kagan seems aware that the Court's stature is a precious resource that can be lost if it begins to treat the public and its representatives as mere subjects -- bound to obey its judgments -- rather than partners in constructing constitutional meaning https://t.co/tVeuyu43T8 — PolitiTweet.org
Laurence Tribe @tribelaw
Trump told a crowd on October 1, “I don’t believe we’ll ever have a fair election again.” Former U.S. attorney Joyce White Vance correctly identifies this as “[a] message designed to justify abandoning democracy & installing a strongman.” Color this tweet orange! — PolitiTweet.org
Laurence Tribe @tribelaw
“Try to remember life as you lived it years ago, on a typical day in the fall. Does the self you remember feel like you, or like a stranger? Do you seem to be remembering yesterday, or reading a novel about a fictional character?” https://t.co/P1Lj00LuO7 — PolitiTweet.org
Laurence Tribe @tribelaw
Wizardry of Oz kills puppies: “Columbia's internal investigation found that Oz's research team inflicted extensive suffering on canine test subjects in violation of the Animal Welfare Act.” https://t.co/Ls7FiJgHzR — PolitiTweet.org
Laurence Tribe @tribelaw
Yes! — PolitiTweet.org
Joyce Alene @JoyceWhiteVance
If this reporting holds up, "Trump himself eventually packed the boxes that were returned in January," his conduct… https://t.co/WuZZFwg51n
Laurence Tribe @tribelaw
When state courts review decisions of their state legislatures under their own constitutions, they are not exercising federal power delegated by the state legislatures but the judicial power of the states, which was reserved to them by the 10th Amendment https://t.co/E5Nl2CzH9O — PolitiTweet.org
Laurence Tribe @tribelaw
Every SCOTUS justice must heed the great @judgeluttig’ irrefutable demonstration that an “independent state legislature” doctrine “would be antithetical to the Framers’ intent, and to the text, fundamental design, and architecture of the Constitution.” https://t.co/E5Nl2CQKbO — PolitiTweet.org
Laurence Tribe @tribelaw
“During the pandemic, Paabo found that a genetic risk factor associated with severe cases of covid-19 was passed down from Neanderthals, carried by about half of people in South Asia and about 1 in 6 people in Europe.” Wow! https://t.co/A8varvvF7R — PolitiTweet.org
Laurence Tribe @tribelaw
“It sucks that it sometimes takes a natural disaster to make us actually start helping each other,” said a guy who swam half a mile to save his 84-yr-old mother and her neighbor. “But I think these hard times sometimes bring out the best in people.” https://t.co/oPMJk7nF8K — PolitiTweet.org
Laurence Tribe @tribelaw
“The idea that Democrats can hold the House is not as ridiculous, implausible or far-fetched as it seemed before Dobbs overturned Roe v. Wade. It is a real possibility — not some abstraction in the sense that anything can happen.” So don’t give up! https://t.co/YdQB0IJyq9 — PolitiTweet.org
Laurence Tribe @tribelaw
Justice Barrett asks about the impact of EPA’s theory on those who, like her, grew up near Lake Pontchartrain or who, like Justice Thomas, grew up near the Mississippi. Think what that means for the relevance of a Justice’s background to the process of interpreting legal texts. — PolitiTweet.org
Laurence Tribe @tribelaw
Justice Kavanaugh focuses on not punishing people who make a reasonable but mistaken judgment about whether their property is “adjacent” to a navigable water of the United States and has a “significant nexus” to that water. — PolitiTweet.org
Laurence Tribe @tribelaw
Justice Alito’s questions about major impact, clear statement principles, vagueness, and federalism are bad news for EPA’s power in the wetlands case argued on October 3. — PolitiTweet.org
Laurence Tribe @tribelaw
Justice Kagan hints that a pending rule-making now at OMB could make this challenge in this case premature. But the Government doesn’t pick up the softball she tossed its way. — PolitiTweet.org
Laurence Tribe @tribelaw
Justice Gorsuch wonders how a homeowner is to know whether there’s a risk of criminal prosecution for developing property “adjacent” to navigable waters; Justice Jackson supplies the Government’s answer in terms of the advice process it makes available. Probably insufficient. — PolitiTweet.org
Laurence Tribe @tribelaw
In insisting that Congress’s “objectives” should resolve textual ambiguities in the statute, Justice Ketanji Jackson signals her pragmatic approach to construing congressional legislation. — PolitiTweet.org
Laurence Tribe @tribelaw
Justice Jackson asks a trenchant set of questions about the meaning of “adjacent” in the wetlands regulation context on which even Justice Kavanaugh builds: Her impact is being felt. — PolitiTweet.org