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@KSVesq’s husband; Maddie's, Sydney's, and @RoxannaThePug's dad.

2,737 Following   80,215 Followers   20,752 Tweets

Joined Twitter 9/26/11


11 weeks is a long time—but it’s far shorter than the Constitution contemplated. From the Founding through the adop… https://t.co/jJHDM7yMKdIf President Trump loses the election on November 3, he’s going to be a lame duck—with the full powers of the offic… https://t.co/iuetZDIhft
5/25
2020
This is a really helpful and informative thread highlighting not just what we know about #COVID19, but also how man… https://t.co/QJ9F7HJUZfCan confirm. https://t.co/h8rnG0yKryJust when you thought the President of the United States couldn’t sink any lower on Twitter, there’s his Saturday n… https://t.co/nKgNERrMOm
5/24
2020
@AndyGrewal I’m not saying “couldn’t.” I’m saying that, because these unique circumstances make him a party, there… https://t.co/453xTJDYen @AndyGrewal @EricColumbus @wrdcsc I suspect it’s pro bono, but don’t know what the answer would be if not. @AndyGrewal Don’t get me wrong—this whole situation is weird. But in the unique context of mandamus when no one e… https://t.co/ihKBt3aGby @erasmuse @AndyGrewal We had several such casss when I was clerking (I can try to find cites when I’m next at my co… https://t.co/PiGQ1f0Aaa @wrdcsc He is formally a party by definition, and he’s the real party in interest by dint of the DC Circuit orderin… https://t.co/w75x0E7N8w @AndyGrewal Mandamus is weird. He’s already a party because of the odd posture and the fact that the D.C. Circuit o… https://t.co/s1o2TMnVhJ @wrdcsc https://t.co/BzwvrPdEIS https://t.co/ResNgAfbEY @AndyGrewal Why wouldn’t a district judge hire counsel if he is personally appearing? That (1) has happened before… https://t.co/jBWl6Zs2BKHere’s the program and link to the @UTexasLaw Sunflower Ceremony—set to kick off on @YouTube at 1 CDT. The eyes of… https://t.co/Di8HpTG0dN @fultonmn @UTexasLaw Not yet... :-) @LeahLitman Too soon, Leah... @LeahLitman @KSVesq @Jaime_ASantos @StrictScrutiny_ 14-year-old Maddie definitely is *not*.*offMe: “I think next year may finally be the year I dive in and buy a seersucker suit for the @UTexasLaw Sunflower Cer… https://t.co/DkIOqzKC3NI’m losing my superstar research assistant, but the legal profession is gaining a superstar lawyer. Congratulati… https://t.co/ITrOzKgfPKDear @UTexasLaw Class of 2020: We can't have the ceremony we wanted, but that doesn't in any way take away from th… https://t.co/ydbcux8I2UNow I’m confused. https://t.co/TBzwwzUnJK @JennaEllisEsq I’m quoting your own words back to you. If you’re conceding that you didn’t mean what you literally… https://t.co/CrGv0eOBH8 @JennaEllisEsq It’s *your* tweets I’m responding to. You said Trump’s “right” that he can override governors; & you… https://t.co/X4axkha72X @waltshaub Read the rest of the thread—in which she briefly responded and then told me to “get a grip.” @JennaEllisEsq As to @AndrewCMcCarthy’s point, yes, DOJ *can* file, and has filed, statements of interest in these… https://t.co/TBDqm97PFU @JennaEllisEsq You wrote that the President can “override” local/state orders, and that it’s because “1A, 14A, many… https://t.co/SJDxY0bZGr @hunterschuler I completely agree. This would be a totally different conversation if there were federal statutes wi… https://t.co/M8dHow9Dkj @JennaEllisEsq Please elaborate: What do they “say” that’s otherwise? Sure, under the 14A, the First Amendment appl… https://t.co/dmPM7KTbDEGovernors are bound by the Constitution, but not by the President’s interpretation thereof. And individual private… https://t.co/0aXIT4Yyt7This just isn’t correct. States decide what is “essential” under state law; the federal government decides what is… https://t.co/VDkhTVbFum @AMTAppeals @KSVesq This may be the winner...This is a tough one... https://t.co/W2mng7nPdb
5/23
2020
“DOJ is filing a statement of interest in this case to point out that the governor of Illinois might be violating I… https://t.co/ikATFO1BM4 @BobbyChesney Because, you know, the federal Department of Justice has such a strong interest in whether a state go… https://t.co/RNjDg32ktNAs always, @BobbyChesney cuts through the framing to what’s actually happening: https://t.co/TG6gkB3cUp @estockbridge @AndrewAverbach What’s a “holiday” these days? @cmorgank I have—many times. Where does it say the President gets to decree its meaning and override local/state of… https://t.co/PfQyNyC1qQOne of the (many) areas in which I think our civic education falls short is the distinction between what the Consti… https://t.co/gwsMtnmGR3 @SpacePortTerra And will courts really strike down all of these orders—or just some of them. @Zigmanfreud @HeathMayo Where in Article II, Section 1 does the President receive the power to declare by (enforcea… https://t.co/byueHTLdOL @SpacePortTerra Through a nationwide decree? That’s ... not how that works. @FowlMouthGinger Something tells me President Obama would've been just as heavily criticized (if not more so) if he… https://t.co/mnqwMGWdnr @FowlMouthGinger Most of the orders do not violate the First Amendment (as most courts have ruled). Some of them *d… https://t.co/8CgPd9hLlL @Zigmanfreud @HeathMayo No one is seriously suggesting that there's an exception to the First Amendment here. Inst… https://t.co/40j1Ztn9YA @FowlMouthGinger Other than that I never said it was "totally cool for governors to violate the First Amendment."… https://t.co/PjoPGEwJDJ @FowlMouthGinger (1) That's not what the WI Supreme Court ruled. (2) There's an enormous difference between *court… https://t.co/TXk0L6mmt9Whether a local/state shelter-in-place order violates the First Amendment as applied to religious services has noth… https://t.co/wgZoKZae4Q @FowlMouthGinger *If* these orders violate the First Amendment, courts will strike them down. But whether they do o… https://t.co/tBDVsKmMzH @SpacePortTerra What does any of that have to do with unilateral orders of the President? @rickhasen Probably *because* it could completely moot the constitutional arguments. @SumtnOuttaNuthn Whether or not these orders violate the First Amendment insofar as they apply to houses of worship… https://t.co/9BuHhzNh20 @dootabb So when Trump says "I will override the governors," what he means is "in a series of private lawsuits in w… https://t.co/nJo9dc3whKThe *most* aggressive possibility here is that *some* local/state orders are invalidated by *courts* insofar as the… https://t.co/tqWxxpH6CZ @linesonmyface1 What about it? @garfangle Yes—to enforce existing federal court orders that had required those schools to desegregate and that wer… https://t.co/ip139t4tRa @dootabb Even if DOJ had a cause of action and standing to bring such claims (hardly a given), that would be *askin… https://t.co/jXOlZciaKhNo statute and no constitutional provision gives the President of the United States the unilateral authority (witho… https://t.co/rjFjyMtdEn @KSVesq I’m teaching them about Twitter. @KSVesq Aren’t you supposed to be “working” right now?In advance of Saturday’s virtual graduation, an #FF shoutout to some of my awesome @UTexasLaw faculty colleagues—wh… https://t.co/r8StagLrzY @waltshaub @JonathanTurley @GWtweets He also hasn’t corrected his misrepresentations of what I wrote—even though, i… https://t.co/sdUQJpv0dHThe President of the United States, tweeting about ... something? https://t.co/iu4ciV0RlM
5/22
2020
I’m still taking the “over” on the trial starting anytime around then... https://t.co/J0xiXRv3L1 @emptywheel @AlexLittleTN @jadler1969 @joshgerstein @NealGoldfarb That and the fact that Sullivan hasn’t *done* any… https://t.co/FozPJFu7be @KSVesq @CecereCarl https://t.co/Dl92hyc5G9 @KSVesq https://t.co/T14xUk2FOWHot off the presses, the Court of Appeals for the Armed Forces' 4-1 ruling in our double jeopardy case—holding that… https://t.co/vlc9ohpRR7Apparently, there isn’t a *single* Republican Senator who thinks it’s disqualifying for a position that, by law, re… https://t.co/JDGdUcj0ZY @AaronWorthing No I'm not (there are some pretty obvious distinctions between those statutes and what the President… https://t.co/pXJMROePu6 @AaronWorthing No. I'm saying that under #SCOTUS's Spending Clause jurisprudence, a President unilaterally withhold… https://t.co/4ub8TUiLOQ @AaronWorthing 1) There, Congress clearly identified the spending condition in a statute. 2) Congress tied the cond… https://t.co/2aLx4a6Db8This may seem like semantics, but Turley's bottom-line is that folks like me are seeking to criminalize the Preside… https://t.co/b8Pt0myx5vTurley doubles down in going after a second tweet of mine, which he describes as arguing that Trump's "tweet was no… https://t.co/rOK4BXWHHSThat's a pretty big distinction. Withholding federal funds in retaliation for a specific electoral practice *would,… https://t.co/2sWm2H6jw4Turley's first objection is to the third point in this tweet. He claims I wrote that the suggestion in Trump's twee… https://t.co/LTkevAJCvSIn a new post, @JonathanTurley singles out two of my tweets as proof of the "unhinged interpretations" of the Const… https://t.co/LzTLxtCrZB @WilliamPieper @BobbyChesney No Speaker in 1927, so it was just 1928. And that team also had Al Simmons and Jimmie Foxx...And baseball trivia at the end... https://t.co/WGc1QSdy7A @WilliamPieper @BobbyChesney I think my question is dated, then. When I first learned it—before 2013—there was another, more obscure answer. @DaBunk88 The first application for a stay from the Trump administration was filed on June 2, 2017, hence the “under three years.”For #SCOTUS nerds, the Appendix to my @HarvLRev essay, "The Solicitor General and the Shadow Docket," lists *all* D… https://t.co/yQCxBL4jPD
5/21
2020
@dorsilaw Yes, but I felt the same way about the Illinois (not nationwide) public charge application.And as today’s order re: the Mueller grand jury materials underscores, the Court is largely siding with Trump—grant… https://t.co/A9EDZg7dcaIt’s getting harder and harder to keep up with these DOJ applications to #SCOTUS for emergency relief, but this is… https://t.co/P0WQbGe30kThat was (unsurprisingly) fast. https://t.co/F9HvLJFqyghttps://t.co/m8KTISuhme https://t.co/J7dDYNCyB5Yet another example of #SCOTUS granting emergency relief to the Trump administration. That said, I don’t think th… https://t.co/EIawHdQ2zPThe part of this that I find totally preposterous is the projection that Steven Matz would have nine decisions by M… https://t.co/RG2h8mjcVG @disneyrobert2 @DavidENorman Fleming held that *county* clerks couldn’t send unsolicited applications to *specific*… https://t.co/xHrjduQ8pd @disneyrobert2 @DavidENorman They’re mailing *applications* to voters. Please point me to the provision that makes this move illegal.As @waltshaub notes, federal law makes it a *crime* to hold out appropriations in order to intererfere with individ… https://t.co/vHbRpnX98Ahttps://t.co/YNbyLjkN11As @LeahLitman notes, she tried to warn us... https://t.co/3Vqor3ppCKIn a single tweet, the President: 1) Lies (that’s not what MI is doing); 2) Asserts without support that someone… https://t.co/tRlVe0btovExcept that withholding federal funds over (unrelated) policy disagreements is itself “illegal[] and without author… https://t.co/6wdT1a6nRX @Duke_Auerstaedt At least your (and his) priorities are clear. @Duke_Auerstaedt And is he quite rightly refusing to take up any additional legislation to address the public healt… https://t.co/VSPyDaaSaeRemind me: which swamp are we supposedly draining, again? https://t.co/oMRGISEWKX @mikethemongo If my math is right, there are four active federal judgeships that, by statute, span multiple distric… https://t.co/7PIrvzIo5G
5/20
2020

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