Tyler Martinez
@tylermartinez
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Catholic. 🇻🇦 Appellate litigator. 🏛 Occasional legal writing professor. 👨🏫 Time Person of the Year 2006. 🏆 Views are my own & not legal advice.
Washington, DC
Joined December 2008
I might have to update my bio here. On the flight back recently, the flight attendant addressed me as a "hero" for sitting in the exit row. "The Hero of Seat 17A".
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The Fourth Circuit remanded to the district court to resolve this issue. But that means the litigation will only continue (along with parallel litigation languishing in state tax administration).
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But this case is among the first to grapple with the SCOTUS recent decision in Trump v. CASA: we have a facially unconstitutional law, but how can a district court enjoin it's use? Is such an order a "universal injunction" that's no longer allowed?.
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Political speech bans are subject to strict scrutiny. Maryland tried to say this was merely regulation of commercial speech. But the Court held it didn't matter: the state could not even survive commercial speech's scrutiny level. It's facially unconstitutional.
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From the Founding to today, the court recognized, “complaining about taxes remains a grand American political tradition. Maryland has no reason, other than insulating themselves from criticism and political accountability, to forbid them to explain the tax to their customers.”.
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We @NTUF were the only amicus in the case, supporting the challenge brought by @USChamber @NetChoice and @ccianet. In a unanimous decision, the court largely tracked what we wrote in our brief: speech about (and protesting) taxes is quintessentially American and protected by 1A.
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Breaking First Amendment/Tax Decision: Maryland wanted to tax the internet, but tell the companies to keep quiet on why costs on digital ads went up. Today, the Fourth Circuit struck Maryland's tax speech ban down. A 🧵and 🔗to @NTUF's analysis below.
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RT @jbhenchman: Breaking news: Federal appeals court invalidates Maryland's ban on telling customers that they are paying a tax on digital….
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When I teach appellate writing, I add in secrion-specific local rules precisely for this reason. Every time, students complain. But I am trying to teach them to make sure they know to look for local (even chambers!) rules.
I’m pretty certain that attorneys hate local rules almost as much as judges love them. They’re filled with traps for the unwary, largely because they reflect all the idiosyncratic wishes of the judges in each jurisdiction. #appellatetwitter #lawtwitter.
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There's going to be more Little Sisters of the Poor cases than Fast & Furious movies. It's time the government leaves the sisters alone.
BREAKING: In a nationwide ruling against a Trump Administration religious conscience rule, a federal district Court today ruled against the Little Sisters of the Poor. The Court sided with Pennsylvania and New Jersey in their years-long effort to force the Little Sisters of the.
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Mama Mia!.
Here we go again.
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Great, I just had my last "50 free hours" AOL CD-ROM to use.
You still have two months to use GPT-5 over an AOL dial-up connection, preferably in AOL Desktop.
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RT @tylermartinez: @andrew_lautz In the future, everyone will get 15 minutes as Commissioner of Internal Revenue.
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I noticed this last night while emailing my boss about amicus opportunities. It looks great! I continue to maintain that SCOTUS unironically has the best website and ECF system.
The Supreme Court has refreshed the look of its online docket pages (left image is old, right image is new). Tan is out, gray is in. Also, the attorneys are no longer buried at the bottom of the page.
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Tarriffs make back to school shopping more expensive. Tarriffs are anti-family.
American families are paying the price for back-to-school essentials.
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Perhaps the Justices are arguing among themselves on the calendar's details.
Strange that the Supreme Court hasn't released an argument calendar for the October session yet. As far back as I've been able to find, the calendar has been issued by the end of July.
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Agreed. Not to get overly simplistic, but it's the *Government* Accountability Office, not the Grocery Accountability Office. Shrinkflation is a problem to discuss, even possibly study, but that's far outside the GAO mandate.
@USGAO Ridiculous reports like this are exactly why some in Congress want to cut GAO’s funding. Taxpayer dollars and agency time shouldn’t be wasted on “shrinkflation” label studies. Lawmakers should make sure GAO sticks to its core mission: holding federal programs accountable.
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The best thing on the timeline right now.
Folks, I did it. I finally made it to Springfield, IL and visited Chadito's, a local joint I've followed for years ever since it popped up in a Google search as being owned by one Chad Reese.
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Every litigator has a story or two about filing something by hand in the middle of the night. Mine include SCOTUS (you go to the police booth and they dump the briefs in a sack), DC Circuit/DDC (box w/ time stamp available at the 24/7 security entrance, etc.).
This is wrong. There is an after hours drop box and the Clerk's office has an emergency number you can call 24/7 to notify them of exigent filings. So Josh, once again, is just running his mouth without a clue in the world.
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