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Last 50 tweets from @tribelaw
“The theory … that state legislatures hold absolute and exclusive power over presidential elections, including the appointment of electors to the Electoral College, has never been affirmed by a court decision. Most scholars say it has no merit.” I agree.
nytimes.com/interactive/20…
 
Some people have tried to minimize the magnitude of the sea change in human rights the Alito opinion would unleash by saying it’s no different from the way SCOTUS dismantled “liberty of contract” in 1937. My op-ed reply to that canard comes out Monday May 23 in the @guardian.
 
“Unwanted pregnancies begin with men. How dare conservatives threaten women with these abortion bans without a word about male responsibility?”
bostonglobe.com/2022/05/22/opi…
Too often unasked in abortion debate: What about the men? - The Boston Globe
bostonglobe.com
 
Pope Francis was evidently flummoxed. “Brother, we are not clerics of the state,” the pontiff told Kirill, adding that “the patriarch cannot transform himself into Putin’s altar boy.”

Atta Pope!

Thank God for Pope Francis.

nytimes.com/2022/05/21/wor…
 
“Mr. Perdue’s impending downfall in Tuesday’s primary for governor looms as the biggest electoral setback for Mr. Trump since his own defeat in the 2020 election.”

May this setback be succeeded by many even bigger!
nytimes.com/2022/05/21/us/…
Perdue Had Trump. In Georgia, Kemp Had Everything Else.
nytimes.com
 
Gorgeous photo of the 🌙 moon
The clearest picture of the moon. The picture was taken by a NASA scientist. The original image is about 64 GB pic.twitter.com/ukm3wRpEen
 
In a @nytopinion piece on April 15, I proposed at least one clearly legal way for POTUS to do this, using IEEPA to confiscate billions of US dollars in Russian sovereign funds frozen in the U.S. Watch for my further explanation in @lawfareblog on Monday morning May 23.
President Zelensky last night proposed a deal with allies to compensate Ukrainians who’ve suffered from Putin’s invasion by seizing Russian funds and assets abroad. “Russia will feel the true weight of every missile, every bomb…it has fired at us.” pic.twitter.com/2v6OlQcV4t
 
When @RepAdamSchiff calls Trump the author & architect of the plot to overturn the election, that means the former POTUS shd be indicted for at least a half dozen grave federal felonies. You can take that to the bank. Will he be? Probably, but I’m not ready to say I’m confident.
"[Trump's] the author and the architect of this plan to overturn the election, of this coup attempt masquerading as a legal strategy. After all, he's the chief promulgator of the Big Lie... he's involved in this" - @RepAdamSchiff w/ @NicolleDWallace pic.twitter.com/370i8udF46
 
“For [George W. Bush], the 75-year-old former president, [the Iraq slip] was a moment of self-incrimination worthy of Dostoyevsky — a display of conscience and a swerve into truth in a time when truth seems lost in the mist.”
nytimes.com/2022/05/21/opi…
Opinion | Johnny Depp and Other Pirates
nytimes.com
 
I’m sorely disappointed not to be on the Kremlin’s hit list of 963 Americans forever banned from entering Russia. On the other hand, I’m proud that some of my former students have made it: Ron Klain is #353. Samantha Power is #596. Adam Schiff is #933.
 
Trump’s handwritten notes look like Exhibit A in support of his conviction for attempting to block Congress, defraud the United States, and steal the presidency — and for inciting a violent insurrection that stormed the Capitol
nytimes.com/2022/05/20/us/…
 
Nobody else can do anything like this — though maybe Robin Williams could’ve . . .
"If you watch this show, you're aware that I spend most of my time right over there..."

@StephenAtHome delivers another epic #Meanwhile intro!🛥 pic.twitter.com/d9FS7cNJNT
 
You think birth control, sex outside marriage, same-sex marriage etc will remain legal if dogmatic radicals like this Trump-endorsed state rep candidate win?

Think again!
Trump-endorsed state rep. candidate Jacky Eubanks says that if it came to a vote in the MI legislature, she would vote to make birth control illegal. “Sex ought to be between one man and one woman in the confines of marriage…and open to life. Absolutely.” pic.twitter.com/HgD5n3aTHB
 
How about making that point about law in general, @imillhiser?

Too much of it is made deliberately convoluted and obtuse so ordinary people need the legal priesthood (read: monopoly) to navigate its choppy waters and avoid its deadly whirlpools . . .
The most distressing thing that I learned in law school is how ridiculously complicated civil rights law is, and in ways that are so needlessly complicated that it seems intentionally designed that way to prevent people from using it.
 
Want to add a bit of joy to your day today? Listen to this Marimba band play Vivaldi’s Four Seasons and SMILE 😊
Nothing like a bit of Vivaldi played by The Goede Hoop Marimba Band to bring joy to any day #WednesdayMotivation pic.twitter.com/lTeNOF5XDZ
 
Yes, it IS an important article by @barryfriedman1 of @nyuniversity
Well this looks like a really important article by @barryfriedman1 pic.twitter.com/KVST629uqt
 
“‘What happened to her?’  The answer is simple: ‘Quest for power,’ John Bridgeland said. ‘But power without principle is a pretty dark place to go.’”
washingtonpost.com/opinions/2022/…
 
.@LizaBatkin says that “for the most part we’ve chosen to take justices at their word when they say they’re not influenced by their own beliefs.” In my review of Justice Breyer’s recent book in NYRB, I argue we shouldn’t make that self-deceptive and dangerously disabling choice.
 
This is among the best takedowns of the Alito draft. I’m going to follow @LizaBatkin!
The Alito draft opinion’s “claims to neutrality and humility should make you nauseous and irate,” writes @LizaBatkin. “The decision is a power grab cloaked in false modesty.”
go.nybooks.com/3yejE2X
 
“While claiming fidelity to the constitutional text, the majority’s draft is steeped in unexplained views about the importance of protecting fetuses at all stages of development—views that do not come from the Constitution” but from “religious advocates.”

nybooks.com/daily/2022/05/…
Deceit in Plain Sight | Liza Batkin
nybooks.com
 
Apart from Thomas, the only justices joining Alito to overrule Roe and Casey are Trump nominees confirmed with narrow Senate majorities each reflecting popular minorities, all in the past 5 years (Gorsuch, Kavanaugh, Barrett), so this is manifestly a personnel-driven shift.
 
Even if Dobbs will demand exceptions for “the life of the mother” — which it might not — such exceptions aren’t self-defining (courts will have to decide after the fact) and won’t prevent abortion bans from causing countless deaths of teenagers, adult women, and fetuses alike.
 
I’m not RT-ing a graphic op-ed in today’s NYT about a devoutly Christian MD’s agonizing experience in dismembering an 18-week fetus to save the mother’s life because it’s not paired with an equally agonizing death of a pregnant woman unable to obtain a safe and legal abortion.
 
Makes me think of how far back we’re sliding from 37 yrs ago, when I persuaded SCt in Bd of Educ of Okla City v. National Gay Task Force, 470 US 903 (1985), to recognize 1st Am rights of gay teachers by affirming CA10’s ruling for NGTF 4-4 after my oral argument. Powell recused.
This is a brutal article. This is the reality in Florida and who knows where else soon. washingtonpost.com/education/2022…
 
Hard to say why, but this is hilarious 😂
Electricity consumption in Europe in 1507 pic.twitter.com/9YFlFkeGJO
 
John Eastman’s astonishing 5/19/22 court filing: It incriminates both Eastman and his client, Donald Trump, though not intentionally!

storage.courtlistener.com/recap/gov.usco…
 
“Eastman advised PA lawmaker Diamond to replace Biden’s electors with Trump’s and to justify it by simply retabulating the popular vote to put Trump on top.” 

Shades of Trump’s call to GA’s Raffensperger.

These guys are peas in a sick pod!
politico.com/news/2022/05/2…
Eastman provides new details of Trumps direct role in legal effort to overturn election
politico.com
 
Nine hours with Rudy Giuliani?

If that was first prize in some weird contest, what was second prize?

Eighteen hours with Rudy, I suppose?
cnn.com/2022/05/20/pol…
 
The support for expanding — and in a very real sense “unpacking” — the Supreme Court that the Trump/McConnell duo packed is growing rapidly. Here’s why:
Today nearly a dozen state-based abortion advocacy groups have joined in a call to support @SenMarkey, @RepHankJohnson, @RepJerryNadler, & @MondaireJones’s Judiciary Act of 2021 as a crucial step toward protecting abortion access once and for all.
jezebel.com/democrats-abor…
 
I can't recall another time when a Supreme Court Justice's spouse might be -- or be on the verge of becoming -- a serious target of a federal criminal investigation.
 
“The unexciting truth is probably that authoritarians are a permanent feature of human existence, and that an array of circumstances allows them to flourish. Cancers all have a family resemblance, and each has a specific pathology.”
newyorker.com/magazine/2022/…
 
Thomas wasn’t “calling out” Roberts despite what the usually careful Joan Biskupic says. Thomas could just as well have been pointing to Gorsuch or Kavanaugh or Sotomayor or Kagan in saying The Nine aren’t your grandfathers Happy Family.
cnn.com/2022/05/20/pol…
 
Listen to @RepRaskin about who should make decisions life-changing for our own daughters — and then reflect on what Justices Samuel Alito, Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas are about to do to all our lives:
 
“Is today’s Republican Party primarily a cult of personality or a seditious conspiracy? I can argue either side of that question.”

Sad but irrefutable 😵‍💫🙃😵‍💫🙃😵‍💫

washingtonpost.com/opinions/2022/…
 
You’re finally getting the vibe, dude
So the lesson for our children is supposed to be that if you lose a contest, or it’s not over yet, you just lie and claim that you won?
 
I’m old enough to remember when exposing logical contradictions had at least some chance of beating a dumb argument into the ground . .😵‍💫
On Trump’s PA irony, @Yamiche: “President Trump is essentially trying to get Dr. Oz to declare victory, while...his candidate for the Republican nomination for Governor already won…If the election is rigged, how was it rigged for one issue but not for the other?” #AMRstaff
 
“As many distinguished economists have noted, the repeal of most or all of Donald Trump’s tariffs would be the single most effective way of reducing inflation in the near future.”

washingtonpost.com/opinions/2022/…
 
“The world is once again witnessing ‘the supreme international crime.’”  This essay proposes two creative ways to confer jurisdiction to try the alleged criminals:
foreignaffairs.com/articles/ukrai…
A Crime in Search of a Court
foreignaffairs.com
 
Compelling evidence that the conspiracy to overturn the election by violent insurrection if all else failed extended to members of Congress itself:
There are 658 panes of glass in the ground floors of the Capitol. Only a dozen were not reinforced prior to January 6.

The insurrectionists knew EXACTLY where those weak points were.

Because they were given advance help — by pro-Trump members of Congress and their staffs.
 
“There was no bottom to how far he (Trump) and his supporters were willing to stoop to overturn or discredit a legitimate election.”
nbcnews.com/politics/2022-…
 
The specifics have yet to emerge, but the request surely includes testimony and documents from former President Donald Trump’s associates. slate.com/news-and-polit…
The DOJ Is Finally Asking the Jan. 6 Committee for Help. Why Thats a Huge Deal.
slate.com
 
I'm delighted that former L.A. public defender Rachel Rossi has been picked to lead the federal Access to Justice office that I launched in the Obama/Holder years: latimes.com/politics/story…
 
Seems only fair . . . Uber Driver Charges Newly Freed Martin Shkreli Three Hundred Times Normal Rate newyorker.com/humor/borowitz… via @NewYorker
 
Mastriano is Trump to the Trump power
"Mastriano is sort of the chief Big Liar of the Big Lies. He has been served a subpoena by the Jan. 6 committee. He took six bus loads of truthers to the Jan. 6 rally. He tried to steal the 2020 election, he intends to steal the 2024 election" - A.B. Stoddard w/ @NicolleDWallace pic.twitter.com/MPOk4s7HJr
 
“The most intriguing sign is a much-circulated newscast on Russian state television, in which a retired colonel insists the Russian army’s position ‘will frankly get worse,’ and that ‘we are in full geopolitical isolation.’”
slate.com/news-and-polit…
Something Extremely Interesting Just Happened on Russian TV
slate.com
 
“Those concerns are especially acute in Pennsylvania, where the governor has the unusual authority to directly appoint the secretary of state, who serves as chief elections officer and must sign off on results. If he or she refuses, chaos could follow.”
washingtonpost.com/politics/2022/…
 
“A bipartisan group of senators led by Susan Collins (R-Maine) and Joe Manchin III (D-W.Va.) is working on a bill. They must hurry; the window they have to legislate is closing fast.”
washingtonpost.com/opinions/2022/…
 
Part II-C of this 2-1 opinion, invoking John Locke and the Gorsuch dissent in Gundy, would radically transform, and ultimately deconstruct, the Federal Government. If SCOTUS grants cert and AFFIRMS on nondelegation grounds not used since 1935, BAM 💥!!!!!

ca5.uscourts.gov/opinions/pub/2…
 
If SCOTUS were to agree with this 2-1 ruling that Congress impermissibly delegated legislative power to the SEC, the administrative state would be at an end.

That’s long been part of the far right’s dream agenda.

WATCH FOR THIS RADICAL POSSIBILITY!!

thehill.com/regulation/cou…
Court rules SECs internal judges are unconstitutional
thehill.com
 
Right, @RBReich. And it’s even more dangerous than that, if PA voters elect state legislators in this November’s general election who will do Mastriano’s bidding in advance of the 2024 election! So PA voters must be persuaded that they hold democracy’s future in their hands.
Doug Mastriano's primary win makes it clear: Trump and his allies are putting the pieces in place to steal the next election.

Please spread the word about the GOP's authoritarian plan, and make sure your friends and family know the high stakes of these midterms. pic.twitter.com/L91MKIENA9
 
 
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