Eric Segall
@espinsegall
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Ashe Professor GA State, author of Supreme Myths: Why the Supreme Court Is Not a Court and Originalism as Faith,Supreme Myths Podcast-Personal Site/Member ALI
Druid Hills, GA
Joined January 2010
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Good morning. So Ginny Thomas was paid for many years to lobby against the ACA while Clarence Thomas on several occasions voted to overturn the ACA or weaken it substantially. AND, Thomas failed to report her income from that lobbying for years. That’s Clarence Thomas.
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If Clarence Thomas hires the woman who worked for Turning Point and is now clerking for Pryor, as he said he might, then I’m going to write the piece I want to write about Thomas that my friends and colleagues have said would ruin my career. I’m 65 and 33 years in. I’ll risk it.
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Kavanaugh refers to states “with no history of discrimination.” There are no such states in real life. There are just states that discriminated less than others.
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Judge Cannon who appears to be in Trump’s back pocket, has apparently had two law clerks quit according to the always reliable
@DavidLat
. Clerks never quit. That’s all.
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“In 30 years as a federal prosecutor, I cannot recall ever seeing a defendant on pretrial release in a felony case threaten the life of a witness — or, in Trump’s case, suggest that a witness should be executed — and remain on pretrial release.”
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United States Senator says out loud what the GOP leadership wants, “no more elections.” This is really happening in our country.
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Wow, Barrett will not say if Griswold was correct. That's a major tell.
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I’m out of words folks other than to say that an institution that is asked to reverse a case dozens of times and says no and then explicitly says no and explains why and then says yes we will reverse our decision because the folks on the institution changed, is not a Court.
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Conservative law profs who continue to honor the racist, sexist anti-LGBTQ animus of Scalia along with his abominable hypocrisy should be ashamed of themselves. Stop it.
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While Bush v Gore was being argued, Ginny was arranging jobs for people, and getting paid for it, at Heritage, jobs which would only exist for Heritage folks if Bush won. I don’t understand why that’s not a bigger, huge, story.
The only Justice on the Court for Bush v. Gore in 2000 who is still on the Court today is Clarence Thomas.
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Clarence Thomas wants to overturn NY Times v Sullivan and allow gov’t to censor social media companies b/c originalism but also wants to disable gov’t from regulating money in elections under first amendment an impossible position under originalism. He’s just a partisan. Period.
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Ginny Thomas to Mark Meadows: “Do not concede. It takes time for the army who is gathering for his back.” Do people understand she’s a traitor, a liar, an awful human being and Justice Thomas has no business hearing any 1/6 case. He’s so terrible.
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Justice Jackson is awesome. Being forbidden from taking race into account may actually violate the 14th Amendment. This will privilege white applicants because of legacies.
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The Court is asking for 151 million dollars from Congress. Cut it in half unless SCOTUS agrees to ethics reform.
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Just a reminder: Ginny Thomas was paid for many years to lobby against the ACA while Clarence Thomas on several occasions voted to overturn the ACA or weaken it substantially. AND, Thomas failed to report her income from that lobbying for years. That’s Clarence Thomas.
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Good morning. Originalism has brought us to a place where 3 judges on the 5th Circuit think disarming a violent man under a domestic relations protective order violates the Second Amendment because in 1791 folks didn’t think domestic violence was so bad. Originalism as insanity.
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If frozen embryos really are children under Alabama law, an absurd position of course, I’m guessing much of Alabama tort and inheritance law will have to change not to mention that every person born in Alabama and still in Alabama is now 10 months older at least.
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It appears from Jerry Falwell Jr’s complaint against Liberty University that much of its leadership had extra-marital affairs. Really. The moral hypocrisy is stunning if not surprising.
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Alito is basically making it clear he doesn’t care if pregnant women live or die as long as the fetus lives.
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@glennkirschner2
People really, really need to remember the memo that says the President can't be indicted in office was written by self-serving members of the Executive Branch, and it has zero legal effect. It is a memo. It may or may not even be persuasive to future Executive officials.
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And just in case you missed it, here’s a partial documenting of Scalia’s racism, sexism, Anti-LGBTQ prejudice, and anti non-Christian bias. If you don’t believe me, conservatives, then address these real life events:
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@RonLPitts
For the record, I’ve written a book chapter, two law review articles, and about 30 blog posts about Justice Thomas’ lack of character and fitness to be a justice. I’ve not exactly been quiet.
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It still boggles my mind, will always boggle my mind, that Scalia, self-appointed textualist, disregarded key Second Amendment text, made up a bunch of fake history, then made up a brand new right in 2008, leading to deaths and agony, and we just pretend it’s all ok.
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Good morning. A law school is named after him. Harvard just filled a Chair in his name. Fed Soc fawns over him, a play was written about him. But Antonin Scalia should not be so honored. He was a racist, sexist, anti-LGBTQ man/judge. The myth must end.
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This racist monster is right in the middle of Leo’s dark money network.
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Good morning. Ginny Thomas was getting paid by Heritage in 2000 to get folks placed in the upcoming possible Bush Administration while Thomas was deciding Bush v. Gore. This should be a much bigger story.
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The Establishment Clause has been erased by the Court because there are 6 really religious people on the Court. And that’s the only reason.
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Having Barr in charge of our elections is like having Bernie Madoff run the SEC.
The Real News in Bill Barr's Announcement: He's Vetoing Campaign Finance Investigations, Too
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Is no one going to ask Barrett why she thinks interpreting vague constitutional text according to the “meaning” it had in 1789 when millions of humans were treated as chattel and women couldn’t vote is appropriate.
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Alito is dripping arrogance and condescension…in a case involving life, death, and medical emergencies. He has no bottom.
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@jadler1969
Just the ones who are corrupted by decades of largess from billionaires while pretending to be a man of the people and who was credibly accused of sexual harassment and whose entire agenda is to further a political party (and who is married to an insane Trumper).
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The liberal justices trying to make headway with originalist arguments which should work but won't because none of the Justices are really originalist.
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Good morning. Everything we are seeing today in the GOP began with Ronald Reagan declaring that the government (he was running) is basically the enemy of the people. He used racist imagery and absurd and false facts. He planted the seeds that turned into Trump, MTG, Boebert, etc.
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Va Governor right now giving the speech Trump should have given. "Go home, you are evil....There is no place for you in America."
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Any impeachment must include his abuse of office threats to Georgia’s Secretary of State.
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My 29 year old daughter works at a now closed restaurant. She lives with three other people in a house they rent. Her landlord this morning told all of them not to worry about rent for April and probably May. Americans being American in the age of the Coronavirus.
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Good morning. Last week SCOTUS ruled that actual evidence of innocence coupled with ineffective assistance of counsel claims can be procedurally barred. Thus innocent people may be put to death. Innocent people may be put to death. Inexcusable and horrible in a civilized society.
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Good morning. Hannity, Carlson and Ingraham (former Thomas clerk) knew the election deniers were lying but repeated the lies over and over. Not spin. Not shading. Their texts show they intentionally aired lies. All three would be fired if Fox News was anything but GOP propaganda.
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Sotomayor: "Race is never the determining factor in the UNC process." This is what the district court found. Race was a factor in 100% of cases for Blacks in 1950 to exclude them 100% from all southern flagships universities. 100%. That is discrimination.
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@HeatherWeaverDC
Let’s be clear the pious coach in question has quit his job, sold his house, and moved across country to take care of his sick father. There is no live case or controversy. This is religion as absurdity.
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Good morning. Last night the Governor of Alabama announced via tweet that the state banned critical race theory. In related news, here’s the Alabama Supreme Court:
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Gorsuch asking about the Asian quotas. There are no Asian quotas and the lower courts in the Harvard cases said so in hundreds of pages.
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Good morning. The best way to stop a bad guy with a gun is to make sure he never has the gun in the first place.
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Good morning. I wonder why GOP Justices love quoting men from long ago who believed women were chattel with almost no rights. This is a terrible look for any civilized society. Today’s problems are today’s problems and they require today’s solutions.
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“I prefer the RV parks. I prefer the Walmart parking lots to the beaches and things like that. There’s something normal to me about it,” Thomas said. Except for the yachts and private planes. What a hypocrite.
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I still don’t think most Americans understand how utterly brazen, lawless, and partisan it was for Judge Loose Cannon to tell the gov’t it had no right to its own classified documents, during a criminal investigation no less. Just insane.
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Justice Kagan wouldn’t accept a bunch of bagels as a gift which were obviously worth about the same as yacht trips, private jets, houses, and museums. via
@msnbc
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Good morning. I’m still numb that Justice (non-judge) Barrett thought that women forced by law to have compulsory pregnancies is not a big deal b/c they can just hand off the new born to a local fire department. Yes she suggested that and yes it’s incomprehensibly awful.
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My Dad Maurice Segall passed last night at 93. He will be greatly missed. I’ll be off here for a bit. Thanks in advance for the well-wishes.
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Gerrymandering is what has given the GOP political power wildly disproportionate to its numbers.
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Good morning. Liz Cheney apparently told the GOP this morning that following Trump could lead to the end of this country. Funny, many of us, from New York, who have watched Trump since 1989, said exactly that in 2016 and many law profs here said we were overreacting. We were not.
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Kagan: “Our halls are closed to the public and our life tenure insulates us from responsibility for our errors. That would seem good reason to avoid disrupting a State’s pandemic response. But the Court forges ahead insisting science-based policy yield to judicial edict. “ Yup.
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1789: 6 Justices
1801: 5 Justices
1801: 6 Justices
1807: 7 Justices
1837: 9 Justices
1863: 10 Justices
1866: 7 Justices
1869: 9 Justices
2020: ?????????
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Good morning. SCOTUS starts again Monday and do you know where Clarence is?
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Barrett asks the obvious question: what if the criminal activity wasn’t discovered until after leaving office so there was no possibility of impeachment. It’s the right question. He had no good answer.
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“Because there is no mechanism by which rule-breaking can be investigated, or adjudicated, the new code serves largely as what one can only describe as a compendium of old whines in new bottles.” As only
@Dahlialithwick
can do it, she nails it.
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So twitter friends no way to say this without it being a non-humble brag but I learned today I was voted into the American Law Institute (ALI). I’m flattered beyond words.
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Good morning. Last night 1 of my students came up to me and said she was from Canada where no one even knows the names of their Supreme Court Justices. That’s exactly how it should be. Here, they interfere in pandemics, elect Presidents, dictate national policy and do book tours.
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@neal_katyal
This shouldn’t surprise anyone. All the President’s men are immoral, don’t care about the rule of law or impeachment, and are being led by Trump, Pence, Barr, Sekukow, and Giuliani. These are terrible terrible men.
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Alito throwing the female justices under the bus right now in this case involving the life and death of women. What a Supreme ass.
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I’ve been a law professor for 30 years. I believe most issues are grey and most issues reasonable people can disagree about. John Yoo is both the worst and most dangerous legal academic in my lifetime. That’s all.
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This man would never have been President without the full cooperation of the leadership of Fed Soc and Heritage. They are a big part of the reason this monster exists in his present form.
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Good morning. Delta airlines announced today that it thought “the entire rationale [for the Georgia voting bill] was based on a lie.” So true it hurts.
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Serious tweet here: I can’t believe SCOTUS granted cert in the wedding website case as the plaintiff has never designed a wedding site, no gay couple has ever asked her to, she has not been threatened in any way by the state, and we have no idea if she ever will be asked. Nuts.
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I just had to say to a room of about 50 originalists that Scalia only talked the talk of originalism and restraint but he did not vote like an originalist nor was he restrained. He was just a hypocrite. It’s possible I won’t win the most popular award at this conference.
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He’s wrong. “In all the other cases before mentioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.” Congress can condition appellate jurisdiction on a binding ethics code.
Alito makes another WSJ op-ed page appearance, says Congress should forget Scotus ethics proposals. “No provision in the Constitution gives them the authority to regulate the Supreme Court—period.”
via
@WSJopinion
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@DanEggenWPost
He bragged and bragged and bragged about female law clerks, coaching girls’ teams. The bragging was a tell. Once or twice fine. He bragged and bragged and bragged.
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Good morning. This came in the mail yesterday. With the disclaimer that I blurbed it on the back, whether you are a lawyer, law prof, or not, you should read it. Available in September.
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@adamliptak
We really need to figure out the money behind Heritage, Cato, Federalist Society, and the two academic Originalism Centers. These folks are influencing our future leaders and judges.
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Of course it is just a coincidence that Roberts, Kavanaugh, and Barrett all worked on Bush v Gore for the GOP. That won’t affect her judging in voting rights cases at all.
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So hate to brag but also love to brag when your daughter wins best lawyer twice at Mock Trial.
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I have written over 15 blog posts, numerous essays, a book chapter, and law review articles about Clarence Thomas dating back decades. I have always suggested he’s not a good faith actor and I’ve been criticized for this from left and right. Well I was right and they were wrong.
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Gorsuch: "He offered his prayers quietly while his students were otherwise occupied." This is a bold faced lie.
#notacourt
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A football coach gets fired for awful remarks years ago as a life-tenured federal judge hires a law clerk who says she “hates black people,” and refuses to say a word about it. The coach offers a full apology and zip from clerk or judge.
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@ThePlumLineGS
@realDonaldTrump
This is insane. The GOP is led by this insane mobster narcissist and an Attorney General who thinks America should be reserved for the devout (and just some of the devout) and a Secretary of State who believes in the Rapture. When is the GOP going to Act?
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Since Justice Scalia’s son sent a nasty tweet my way tonight, maybe it’s time to re-post my thoughts on Scalia’s racism, sexism, and homophobia.
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MAGA’s bizarre hatred of the most popular singer in the world and the best tight-end ever can be explained I think as a jealous reaction to talent and skill as well as to success. MAGA wants to break, scream, and fail, bring people down, not celebrate success. Group/narcissism.
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Retired Judge Posner told me that it is a well known but widely kept secret that appellate judges increase or decrease their deference to trial court fact-finding based on their views of the quality of the lower court judge at issue.
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In light of decision today about Trump and Emoulments, I want to say that regardless of the legal issues, which are complex, if you think POTUS should profit from owning an hotel in the shadow of the White House, you’re really stupid.
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Ted Cruz should never, ever be allowed to recover from this.
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Whitehouse is right that the Roberts Court on mostly 5-4 votes has tried to destroy the civil jury through ridiculous and non-textual interpretations of the Federal Arbitration Act.
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The Second Amendment killed three innocent children today. How many more have to die? How much longer are we just going to shrug at death.
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It’s a serious question tragically addressed to non-serious people.
For several weeks, I watched news anchors and reporters ask House Democrats why they wouldn't save McCarthy's speakership. Why aren't they now grilling Rs to find a half-dozen who'd vote for Speaker Hakeem Jeffries? Serious question.
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Having worked at DOJ and represented the National Archives when the Iran/Contra prosecutor wanted Reagan docs when Bush was POTUS, please listen to Glenn. Judge Cannon wants to decide the case for Trump by using jury instructions completely inconsistent with law. Outrageous!
Judge Cannon continues to abuse her discretion to do favors for defendant Trump, proposes jury instructions that have no basis in law.
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If the person who offers you rides on yachts and free vacations collects items from tyrants just say no whether you’re a Supreme Court Justice or, well, anyone. But if your wife tried to overthrow democracy, it’s even a worse look.
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Abortion drugs are safer than Tylenol and Viagra. Also, no one in this suit has been harmed by abortion medications. This “case” is a travesty of honesty, dignity, common sense, and women’s rights.
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Good morning. Abortion is not in the Constitution so states get to decide. Color blindness in admissions is not in the Constitution but the Cons will hold states don’t get to decide. Never forget con law isn’t law just judicial preferences. Text, history, precedent mean nothing.
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Ginni and Clarence Thomas are doing all they can to turn America into a religious, anti-secular, racist, homophobic, and sexist society. They are equally terrible. They are a blight on this country.
Ginni Thomas confirmed in her Jan 6 deposition testimony the “best friend” she referred to in texts with Mark Meadows was in fact Clarence Thomas.
Ginni’s texts implied that calls with Justice Thomas helped her to “keep holding on” as she worked to overturn the 2020 election.
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A student on my exam: “Entire segments of American jurisprudence have turned based on the presence or absence of a single member of the Court. One vote has determined the rights (or not) of vast swaths of the American public.” We don’t discuss the 5-4 problem nearly enough.
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@themorrancave
@propublica
He reported his wife’s income for years before he didn’t…for years. He’s a crook.
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Good morning. There is good, there is evil, there is a lot of in-between. Tucker Carlson preaching to his audience with lies and misdirections he knows are false about 1/6 to fan the flames of division in this country falls somewhere between evil and surreal evil.
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Almost 50% of free trips reported by federal court of appeals judges were funded by Fed Soc and Scalia Law.
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There are no textualist judges. There are no originalist judges. There are judges who decide constitutional law cases based on values, experiences, and politics, and then EXPLAIN their results in the language of text and history. Thanks for coming to my Ted Talk.
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I’m not saying it’s going to work, but Trump is planning on using force if he doesn’t win and definitely using force to stay. I know you think that’s crazy but it’s not. All the signs are there. And the “But Gorsuch” crowd, he’s coming for you too and it’s completely your fault.
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