Today on my walk I listened to @Dahlialith 's #Amicus#podcast titled "How Originalism Ate the Law -- Part 2: The Trap. I didn't notice the title at first and now I have to listen to Part 1: The Trick. In any case, if you have the opportunity you really should listen (in order). Really good discussion. https://slate.com/podcasts/amicus
This is very smart. Get educated.. [Slate, Amicus] How Originalism Ate the Law: The Trick
Part one of a series examining the theory of constitutional interpretation that has eaten the law and gobbled up a bunch of your rights with it.
America is pinned under the dead hand of Originalism
Retired #military leaders filed an #amicus brief Mon writing that #Trump’s #AbsoluteImmunity theory “has the potential to severely undermine the Commander-in-Chief’s #legal & #moral authority to lead the military forces, as it would signal that they but not he must obey the #RuleOfLaw.”
In relation to Trump's #immunity claims - 18 groups have submitted #amicus#briefs (meaning "friend of the court") totaling nearly 600 pages.
Nearly all of them are from far-right organizations and legal activists requesting that the nation's highest court accept Trump's "unhinged" argument that presidents are unbound by the rule of law while they're in office.
Judge #AileenCannon says two #amicus briefs filed by Trump-aligned lawyers "may be of considerable help" to her on Trump's motions to dismiss (biased much??)
1 says NARA referral to DOJ was deficient
1 says Jack Smith appointment was invalid
The authors of the #AmicusBrief are (I edited their credentials as they’re extensive)
Jill Lepore, Professor of History, Harvard University
David Blight, Professor of History & African American Studies at Yale University
Drew Gilpin Faust is President Emerita of Harvard University
John Fabian Witt, Professor of Law at Yale Law School
More from the #amicus brief’s statement of interest:
“Amici’s interest in this appeal arises from the gravity of the case before the Court & the necessity of grounding any decision in a proper historical understanding of Section Three of the #FourteenthAmendment. As eminent American historians w/ expertise in the relevant era, actors, & events, amici are well qualified to assist the Court by establishing the original intent, meaning, & public understanding of the Disqualification Clause.”
The brightest spot in 2023 regarding #SCOTUS, according to #Amicus podcast is not anything the justices did. It is that the #PRESS stopped treating the court as "a temple of mystics" but rather "as part of an ongoing campaign that is infused through and through with politics, that emerged out of a well funded movement that is tied up in a historic corruption scandal."
"Without some form of moderation, online communities die."
Laws in the states of Texas and Florida could affect how we all interact with the Internet. They seek to eliminate or strictly limit a platform’s ability to moderate content.
Good for trolls, bad for the rest of us.
Today we filed an amicus brief asking the U.S. Supreme Court to invalidate these laws ⬇️
"Et souviens toi de ton anneau. Bien que je m'éloigne, je me dirige vers toi de l'autre côté. Nous sommes connectés en permanence."
:nko_weep:
"And remember your ring. Thought I might be moving away, I'm moving right toward you from the other side. We are permanently connected." #inktober2023#inktober#amicus#adastra
A dense, and as such—thoroughly satisfying, discussion on the indepedent state legislature theory as decided today by the Supreme Court in Moore v Harper. @Dahlialith with Judge Michael Luttig who litigated the case w Neil Katyal before the court.