Steven Mazie
@stevenmazie
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I cover SCOTUS @TheEconomist and teach @BHSEC . Brooklynite, @UMich pol science PhD, dad of three, runner. Views here are mine.
Brooklyn, NY
Joined March 2012
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The Supreme Court’s legitimacy crisis is about abortion rights—and much more. My cover story from
@TheEconomist
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51 senators can seat a Supreme Court justice but 54 senators can’t establish an independent commission to investigate a violent insurrection in their own damn building.
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Trump says Afghanistan and Pakistan pose the worst terrorist threat to America. Interesting his travel ban applies to neither country.
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BREAKING: Supreme Court votes 5-4 to grant Catholic Diocese and orthodox Jews' request to block Gov. Cuomo's attendance limits at houses of worship in New York.
Chief Justice Roberts joins the three liberal justices in dissent.
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A very happy and healthy 87th birthday to Justice Ruth Bader Ginsburg
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BREAKING: SCOTUS votes 6-3 to deny GOP challenge to state-court redistricting decision in North Carolina
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💥 BREAKING: TRUMP LOSES SUPREME COURT BATTLE WITH NEW YORK PROSECUTOR OVER HIS TAXES AND FINANCIAL RECORDS
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Maybe we should stop asking candidates if they will accept the results of elections, as if there are multiple acceptable answers to that question.
NEW: GOP frontrunner Larry Elder would not commit to accepting the results of tomorrow's California recall election when I asked him this morning.
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NEW: Justice Breyer has sent a letter to President Biden informing him that his retirement will be effective 24 hours from now: at noon on Thursday, June 30.
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💥 BREAKING: CREEK LANDS IN OKLAHOMA REMAIN "INDIAN COUNTRY"
Justice Gorsuch writes for a 5-4 majority
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BREAKING: Supreme Court blocks Biden’s moratorium on tenant evictions by 6-3 vote.
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Senator Kennedy just told Judge Jackson she's "articulate".
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RBG update: she was fierce this morning in the hearing. Hale and hearty.
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SCOTUS just now in 8th am homelessness case: Justice Sotomayor, pressing lawyer for Grants Pass, OR, on why "stargazers" or people lying on the beach who fall asleep ("as I tend to do") are not arrested, but homeless people are.
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BREAKING: Supreme Court DENIES Donald Trump's plea to keep his papers out of the hands of House committee investigating Jan. 6th insurrection at the Capitol
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This is false: DACA recipients by definition have no criminal record. Also: why would Trump want to make a deal with Dems to legislate DACA if he thinks the people it protects are hardened criminals? 🙃
Many of the people in DACA, no longer very young, are far from “angels.” Some are very tough, hardened criminals. President Obama said he had no legal right to sign order, but would anyway. If Supreme Court remedies with overturn, a deal will be made with Dems for them to stay!
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The unfathomable thing about the four justices siding w PA Republicans tonight: they would’ve stripped a state supreme court of the authority to say what the law is in their own state.
That’s way beyond right field.
It’s judicial activism on steroids.
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BREAKING: Supreme Court *rejects* Pennsylvania Republicans’ second attempt to block extended ballot deadline.
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You have to admire the intellectual flexibility of religious conservatives who refuse to offer employees health insurance that includes contraception coverage—lest they become complicit in mortal sin—but cheer on candidates who pay for their girlfriends’ abortions.
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BREAKING AT SCOTUS: in a blow to voting rights, justices vote 5-4 to PERMIT Alabama to use a gerrymandered congressional map that dilutes voting influence of African Americans. A major victory for Republicans.
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These votes mark the first marked impact of Justice Amy Coney Barrett on the Court and the country.
She joined her four conservative brethren in blocking the limits whereas Justice Ginsburg anchored 5-4 majorities the other way in the spring.
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A word on this HUGE SURPRISE 5-4 (not 6-3) decision: Justice Ketanji Brown Jackson may have been the difference. She came to the oral argument with a v forceful defense of the Reconstruction Amendments as anything but race-blind & critiqued abandoning decades of VRA precedent.
BREAKING: Supreme Court votes 6-3 NOT to further erode the Voting Rights Act in Allen v. Milligan. Huge surprise. Kavanaugh and Roberts join the three liberal justices in saving Section 2.
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BREAKING: Supreme Court votes 5-4 to deny San Diego church's request to reopen on its own terms for services this Sunday. Chief Justice Roberts joins the four liberal justices in rebuffing the church.
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The president is in a bind:
He’s reluctant to declare a national emergency out of fear the move will run into trouble in the courts.
But the longer he dithers — and the more he paints “emergency” as an option rather than a necessity — he strengthens the legal case against it.
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Tonight at SCOTUS: a full house camping out overnight for public seats in tomorrow’s historic hearing on whether Donald Trump should be disqualified from holding future office under section 3 of the 14th amendment
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When a Supreme Court justice gives a speech—esp. to a highly partisan organization—all Americans should be able to read or hear what they say. This should not be controversial.
Justice Gorsuch's address to the Florida chapters of the Federalist Society appears to be only event closed to press. Pence, DeSantis also speaking
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“I’ll briefly roll back my rollback of DACA — which, alas, has been blocked by the courts and which SCOTUS apparently has no appetite to save — in exchange for the $5.7bn to build my wall that you have thus far refused to allocate.”
What a deal!
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Trying to wrap my mind around the fact that four justices think Texas can subvert federal government enforcement of United States immigration policy
BREAKING: SCOTUS sides with Biden administration in fight with Texas over access to a strip of the border with Mexico.
It's a 5-4 decision with no opinions.
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Just was wondering why the NYC sky looks hazy and the sun shrouded and realized it’s smoke from thousands of miles westward.
Our planet is small. Our fates are all interconnected.
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NEW at SCOTUS: Justice Kavanaugh rejects emergency application from Illinois GOP challenging gov’s ban on gatherings of more than 50 people as applied to political activity.
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Justice Jackson's forceful refutation of the notion that the 14th amendment commands color-blindness in this morning's Voting Rights Act hearing. Three uninterrupted trancript pages.
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BREAKING: Supreme Court denies Republican requests to block mail-in voting expansion in Pennsylvania
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💥BREAKING at SCOTUS: Student-athletes win major battle with NCAA over compensation. The decision is unanimous.
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The briefest and maybe the sweetest of all the justices’ tributes to RBG, from Justice Souter.
“I loved her to pieces.”
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BREAKING: HISTORIC WIN FOR GAY & LESBIAN WORKPLACE RIGHTS
Supreme Court rules 5-4 that discrimination based on sexual orientation is illegal under Title VII of the Civil Rights Act of 1964.
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🚨🚨🚨BREAKING: SUPREME COURT CONSTRAINS THE EPA'S POWER TO REGULATE GREENHOUSE GASES. The vote is 6-3 along ideological lines.
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Tonight the Supreme Court's nine members—who are conducting oral arguments remotely from their homes—said New York may not impose a 10-person limit on attendance at houses of worship in COVID hotspots.
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The president says true debate and discussion cannot take place virtually.
I imagine this means he is about to call for the postponement of next week’s remote hearings of the Senate Judiciary Committee to consider his Supreme Court justice nominee.
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BREAKING: Supreme Court *grants* stay of 5th-circuit ruling in June Medical Services v. Gee, blocking onerous abortion-clinic regulations from taking effect in Louisiana.
Chief Justice Roberts votes w/ four liberal justices to apply a 2016 precedent from which he had dissented.
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The other shoe keeps dropping.
A key point: Thomas *did* report a $5000 gift from someone else to pay tuition for this boy. But not a word ever about the ~$150k from Crow. Hard to see how that’s not a willful omission.
NEW:
Clarence Thomas Had a Child in Private School. Harlan Crow Paid the Tuition.
The price tag could have exceeded $150,000.
w/
@js_kaplan
@Amierjeski
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If the Senate opts not to subpoena Bolton, there's nothing preventing the House from opening another impeachment inquiry and subpoenaing his testimony.
Good for you
@AmbJohnBolton
. We are all Americans, united in our pursuit of the truth. I hope your White House colleagues, including President Trump, follow your lead and testify as well. The American people deserve no less.
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Listening to the wail of ambulance sirens in Brooklyn. More every night. Every few minutes. This is terrible.
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According to CDC guidelines, Barrett must quarantine even with negative test results
Senator Mike Lee met with Judge Amy Coney Barrett on Tuesday September 29. He has now tested positive for Covid-19.
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💥 BREAKING: SUPREME COURT SAYS STATES MAY PUNISH OR REMOVE "FAITHLESS" PRESIDENTIAL ELECTORS
Justice Kagan writes for a unanimous court.
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Just saw three NYPD officers on a subway platform, two maskless.
Me to one of them: “excuse me officer, are masks required on the subway?”
Officer [glaring at me, gritting his teeth; long pause]: “yes.”
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BREAKING: Supreme Court *rejects* Lindsey Graham’s request in the 2020 election-fraud case in Georgia. He must testify about Trump’s attempt to thwart Biden’s win.
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Everybody is calling the Texas lawsuit to overturn the presidential election “audacious“. That’s a little like calling Pol Pot “overeager” or the 9/11 hijackers “aggrieved”.
The maneuver is nothing less than an assault on the constitutional foundations of the republic.
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Justices Sotomayor and Kagan have read three dissents from the bench in the past two days—a fairly rare phenomenon signifying profound disagreement. For a reason no one has ever explained, Americans cannot listen to those live and have to await audio recordings in the fall.
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JUST IN: Justice Kagan has denied the Montana Republicans' application.
NEW: yet another mail-in ballot controversy arrives at the Supreme Court. Republicans in Montana are asking the justices to block plan to send absentee ballots to all voters
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Hard to tell if Gorsuch was aiming to troll Roberts or Cuomo harder in his concurrence.
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A testy Gorsuch-Roberts tiff in the opinions tonight. Gorsuch lays on the sanctimony, accusing the four dissenters of letting the Constitution wither on the vine just because it's a pandemic. Roberts isn't happy being characterized that way—and defends his liberal colleagues too.
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Of the 61 cases the Supreme Court has decided this term, Chief Justice Roberts has been in the majority in 60.
That's remarkable.
Three more decisions coming tomorrow morning.
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Justice Kagan ends her dissent, joined by Breyer and Sotomayor, reiterating themes she has voiced before: the illegitimacy of resolving such crucial questions on the shadow docket, and the anti-democratic results of permitting racial gerrymanders.
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BREAKING: ABORTION RIGHTS WIN AT SUPREME COURT
Justices vote 5-4 to strike down Louisiana law that would have radically restricted abortion access
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The most alarming thing about that debate: Pence joined Trump in not committing to a peaceful transfer of power should Biden win.
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BREAKING: SUPREME COURT SAYS TRUMP'S CANCELLATION OF DACA WAS ILLEGAL
Trump loses long battle to ditch Barack Obama's program shielding Dreamers from deportation.
Chief Justice Roberts writes.
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BREAKING [correcting earlier tweet, now deleted]: Supreme Court grants request to issue judgment in Trump v. Vance immediately.
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Sweet parting at SCOTUS: CJ Roberts notes with a tear in his eye and lump in his throat that this is Justice Breyer’s final oral argument. He thanks the outgoing Justice for “the privilege of sharing this bench with him.”
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Justice Sotomayor, author of the dissent, ends with the words of an elderly African-American man with asthma and Parkinson's Disease: "while I don't mind dying to vote, I think we are past that".
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BREAKING: Trump administration files emergency application to halt census count at the Supreme Court
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Kagan is exercised: "It's not conduct. It's a biological necessity. Sleeping in public is kind of like breathing in public."
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Leaving the q of abortion to one side: just the enforcement mechanism of the TX law is a scourge to good will and mutual trust in a democratic society.
It’s a pay for play version of tattletale, citizen surveilling citizen for profit.
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Kagan: could you criminalize the status of homelessness?
lawyer: that's not a status
Kagan: yes it is
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A thing about Thomas being the only vote to let Trump keep his documents secret from the January 6th cmte: he CHOSE to note his dissent. This was a shadow docket case. His vote made no difference to the result and he could’ve kept it under wraps.
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If Twitter had banned him in November when he first falsely claimed the election was stolen, many fewer people would believe that lie today.
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This means a grand jury investigating the president will gain access to 8 years of Trump's tax and financial records.
It does not mean the public will see them, for now.
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In short: the Supreme Court has concluded by a 5-4 margin that there is no legal mechanism to hold border agents accountable for shooting Mexican children in the face if they are standing a few feet south of the US-Mexican border.
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In dissent, CJ Roberts notes there is "no need" to grant relief to the religious organizations since the limits no longer apply. But he says if the limits return, they may well violate the Free Exercise Clause.
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From a quick read of the opinion, I get ACB vibes from the prose. It isn't prolix like a Thomas opinion. It lacks all snark, which disqualifies it as an Alito opinion. It is straightforward, clear, sober, assertive—matching Barrett's style from her writings on the 7th circuit.
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Biggest SCOTUS news today: the Court has agreed to consider the "independent state legislature" theory that gives state legislatures autonomy to set federal election rules—including thwarting the popular vote in a presidential election, as Trump allies attempted in 2020
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BREAKING: Supreme Court sides with Republicans to block voting accommodations in Wisconsin. The vote is 5-3.
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Kagan: what is the conduct here?
Lawyer: camping
Kagan: I thought it was sleeping outside with a blanket.
Lawyer: No, camping.
Kagan: but camping implies tents, an encampment, etc. Your law criminalizes "a single person sleeping in public."
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NEW: Ketanji Brown Jackson will be sworn in as America’s 104th associate justice at noon tomorrow.
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In the last 24 hours, Donald Trump has pardoned war criminals & hucksters, defunded troops to save the honor of the confederacy & stick it to Twitter, blown up a COVID relief bill, and asked the Supreme Court to overturn the election he lost—and to do that on Christmas Eve.
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KBJ: what if the city decided to execute homeless people?
Gorsuch saves lawyer: that would be both cruel and unusual, right?
Lawyer: hemming/hawing...
Gorsuch: how about just a yes on that?
Lawyer: yes
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KEY: the 4 dissenters (who must be fighting mad but held their tongue on why) would have told a state court that its interpretation of its state constitution was illegitimate.
That is profound judicial activism & bears no resemblance to the "federalism" conservatives espouse.
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A 5-4 conservative split in a major immigration case, Hernandez v. Mesa. Court rules that a US border-patrol agent cannot be held to account for killing a Mexican boy at play across the southern border.
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Sotomayor names the federal inmates who have been killed since Trump revived the federal death penalty—a punishment that Biden will put a moratorium on next week
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BREAKING: For the fourth time this week, the Supreme Court has voted 6-3 to clear the way for a last-minute federal execution before Trump leaves office. Justices Breyer and Sotomayor write dissents. Justice Kagan also notes her dissent.
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Justice Breyer, joined by Justices Sotomayor and Kagan, dissents more vociferously.
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BREAKING at SCOTUS: Biden's student loan forgiveness plan has arrived on the shadow docket
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BREAKING: SUPREME COURT RULES 6-3 IN MAJOR CHURCH-STATE CASE THAT RELIGIOUS SCHOOLS MUST BE INCLUDED IN TUITION-ASSISTANCE PROGRAM
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Next let’s rebrand the Civil War as the Legitimate Political Discourse Affair of 1861-1865
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Here is Justice Barrett comparing the harm to bodily autonomy that comes with a state requirement to bring one's fetus to term to...having to get a vaccine
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“It has been my great honor to participate as a judge in the effort to maintain our Constitution and the Rule of Law.”
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Criticize the judicial craft of Roe v. Wade all you like, but at least the ruling recognized, and tried to balance, two interests: fetal life and women’s autonomy. Alito’s draft lacks *any* reference to the latter. Women are erased from the calculus.
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Thirty-four minutes passed between the Pennsylvania challengers’ final brief and the Supreme Court’s one-line order tossing it in the fire.
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BREAKING: the Supreme Court has *rejected* the Trump administration’s emergency request to restart federal executions blocked earlier by the DC district court. Govt had wanted to execute five prisoners beginning next week, w Daniel Lee first up Monday at 8am.
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BREAKING: Supreme Court votes 6-3 NOT to further erode the Voting Rights Act in Allen v. Milligan. Huge surprise. Kavanaugh and Roberts join the three liberal justices in saving Section 2.
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BREAKING: Supreme Court grants Trump administration requet to halt census count while litigation continues in the 9th circuit court of appeals
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Justice Sotomayor ends her statement by comparing the conservative justices' reticence to grant stays in execution cases with their readiness to do so when the Trump administration comes asking.
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"The floodgates will open" if the Senate convicts Trump, says Castor.
The slippery slope is a nightmare: EVERY PRESIDENT WHO INCITES AN INSURRECTION would be subject to impeachment.
EVERY. SINGLE. ONE.
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BREAKING: by a 5-4 vote, the Supreme Court grants the Biden administration’s request to keep in place a regulation regarding build-your-own “ghost guns”
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Vote is 7-2. Chief Justice Roberts writes.
Thomas and Alito dissent.
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NEW at SCOTUS: Senator Lindsey Graham files emergency docket application seeking to be released from order to testify in Trump’s Georgia election fraud case
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Kagan: you could criminalize just homelessness. I mean that's quite striking!
Lawyer: we do not do that.
Kagan: *could* you?
Lawyer: ...
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