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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… President Trump loses the election on November 3, he’s going to be a lame duck—with the full powers of the offic…
This is a really helpful and informative thread highlighting not just what we know about #COVID19, but also how man… confirm. when you thought the President of the United States couldn’t sink any lower on Twitter, there’s his Saturday n…
@AndyGrewal I’m not saying “couldn’t.” I’m saying that, because these unique circumstances make him a party, there… @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… @erasmuse @AndyGrewal We had several such casss when I was clerking (I can try to find cites when I’m next at my co… @wrdcsc He is formally a party by definition, and he’s the real party in interest by dint of the DC Circuit orderin… @AndyGrewal Mandamus is weird. He’s already a party because of the odd posture and the fact that the D.C. Circuit o… @wrdcsc @AndyGrewal Why wouldn’t a district judge hire counsel if he is personally appearing? That (1) has happened before…’s the program and link to the @UTexasLaw Sunflower Ceremony—set to kick off on @YouTube at 1 CDT. The eyes of… @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…’m losing my superstar research assistant, but the legal profession is gaining a superstar lawyer. Congratulati… @UTexasLaw Class of 2020: We can't have the ceremony we wanted, but that doesn't in any way take away from th… I’m confused. @JennaEllisEsq I’m quoting your own words back to you. If you’re conceding that you didn’t mean what you literally… @JennaEllisEsq It’s *your* tweets I’m responding to. You said Trump’s “right” that he can override governors; & you… @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… @JennaEllisEsq You wrote that the President can “override” local/state orders, and that it’s because “1A, 14A, many… @hunterschuler I completely agree. This would be a totally different conversation if there were federal statutes wi… @JennaEllisEsq Please elaborate: What do they “say” that’s otherwise? Sure, under the 14A, the First Amendment appl… are bound by the Constitution, but not by the President’s interpretation thereof. And individual private… just isn’t correct. States decide what is “essential” under state law; the federal government decides what is… @AMTAppeals @KSVesq This may be the winner...This is a tough one...
“DOJ is filing a statement of interest in this case to point out that the governor of Illinois might be violating I… @BobbyChesney Because, you know, the federal Department of Justice has such a strong interest in whether a state go… always, @BobbyChesney cuts through the framing to what’s actually happening: @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… of the (many) areas in which I think our civic education falls short is the distinction between what the Consti… @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… @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… @FowlMouthGinger Most of the orders do not violate the First Amendment (as most courts have ruled). Some of them *d… @Zigmanfreud @HeathMayo No one is seriously suggesting that there's an exception to the First Amendment here. Inst… @FowlMouthGinger Other than that I never said it was "totally cool for governors to violate the First Amendment."… @FowlMouthGinger (1) That's not what the WI Supreme Court ruled. (2) There's an enormous difference between *court… a local/state shelter-in-place order violates the First Amendment as applied to religious services has noth… @FowlMouthGinger *If* these orders violate the First Amendment, courts will strike them down. But whether they do o… @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… @dootabb So when Trump says "I will override the governors," what he means is "in a series of private lawsuits in w… *most* aggressive possibility here is that *some* local/state orders are invalidated by *courts* insofar as the… @linesonmyface1 What about it? @garfangle Yes—to enforce existing federal court orders that had required those schools to desegregate and that wer… @dootabb Even if DOJ had a cause of action and standing to bring such claims (hardly a given), that would be *askin… statute and no constitutional provision gives the President of the United States the unilateral authority (witho… @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… @waltshaub @JonathanTurley @GWtweets He also hasn’t corrected his misrepresentations of what I wrote—even though, i… President of the United States, tweeting about ... something?
I’m still taking the “over” on the trial starting anytime around then... @emptywheel @AlexLittleTN @jadler1969 @joshgerstein @NealGoldfarb That and the fact that Sullivan hasn’t *done* any… @KSVesq @CecereCarl @KSVesq off the presses, the Court of Appeals for the Armed Forces' 4-1 ruling in our double jeopardy case—holding that…, there isn’t a *single* Republican Senator who thinks it’s disqualifying for a position that, by law, re… @AaronWorthing No I'm not (there are some pretty obvious distinctions between those statutes and what the President… @AaronWorthing No. I'm saying that under #SCOTUS's Spending Clause jurisprudence, a President unilaterally withhold… @AaronWorthing 1) There, Congress clearly identified the spending condition in a statute. 2) Congress tied the cond… may seem like semantics, but Turley's bottom-line is that folks like me are seeking to criminalize the Preside… doubles down in going after a second tweet of mine, which he describes as arguing that Trump's "tweet was no…'s a pretty big distinction. Withholding federal funds in retaliation for a specific electoral practice *would,…'s first objection is to the third point in this tweet. He claims I wrote that the suggestion in Trump's twee… a new post, @JonathanTurley singles out two of my tweets as proof of the "unhinged interpretations" of the Const… @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... @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…
@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…’s getting harder and harder to keep up with these DOJ applications to #SCOTUS for emergency relief, but this is… was (unsurprisingly) fast. another example of #SCOTUS granting emergency relief to the Trump administration. That said, I don’t think th… part of this that I find totally preposterous is the projection that Steven Matz would have nine decisions by M… @disneyrobert2 @DavidENorman Fleming held that *county* clerks couldn’t send unsolicited applications to *specific*… @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… @LeahLitman notes, she tried to warn us... a single tweet, the President: 1) Lies (that’s not what MI is doing); 2) Asserts without support that someone… that withholding federal funds over (unrelated) policy disagreements is itself “illegal[] and without author… @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… me: which swamp are we supposedly draining, again? @mikethemongo If my math is right, there are four active federal judgeships that, by statute, span multiple distric…