Let's dive into some citations Kagan used and see what the underlying stuff says.
For fun---because I definitely see a Federalist citation in there and the beauty of the writing is irresistible.
Chiafalo v. Washington, you may actually recall, was a Supreme Court case involving "Faithless Electors" in the 2016 election. (Image: Summary of Facts)
The Court permitted States to penalize the faithless electors.
On the one hand, the Supreme Court has not been favorable, overall, to Trump's reelection. In 2020, they threw out a case brought by Republicans to have four Democratic states ejected from the election, for example.
But on the other hand, now with two justices' wives taking public actions to support Trump's reelection, it's really hard to take the idea of impartiality seriously. If you're the spouse of a justice, and if you took SCOTUS's work seriously, you'd sit it out. https://www.nytimes.com/2024/05/16/us/justice-alito-upside-down-flag.html
The spouse of one Supreme Court justice was actively conspiring with Mark Meadows to overturn the results of the 2020 election, while another Supreme Court justice was flying the American flag upside down to show his solidarity with the Big Lie.
Now they're sitting on the DC Felony Trial to buy Trump and his acolytes more time to steal the next election.
America is at a crossroads.
We either turn a blind eye to #scotus reign of corruption, or we take this country back at the ballot box and restore rule of law.
#LegalEthics Tidbit: Can I get in trouble if my client is hired to verbally attack counsel outside the courthouse?
I guess we’ll find out. A defendant in the E.D. Michigan Flint Water Cases hired a PR firm to conduct a deceptive PR campaign to disrupt the proceedings including hiring a truck to circle the courthouse blaring attacks on opposing counsel. The Court found the PR firm’s CA attorney was involved with the campaign and referred her to the CA bar.
I sympathize with Judge Merchan, who I believe has refrained from jailing Trump to avoid allowing Trump to play the victim and raise money off of that. I also think Merchan probably doesn’t want to interrupt the trial for hearings over whether Trump is causing his sycophantic Republican electeds to say things that violate the gag order. But …. 1/ #LawFedi
#LegalEthics Tidbit: Do I have standing to seek an injunction against the unauthorized practice of law?
Yes. Per M.G.L. 221, 46B, standing to petition to enjoin the unauthorized practice of law in MA belongs to the AG, a DA, a bar assoc., or any “three or more members of the bar.” The three-members clause appears to have been used most recently in 1938 in an attempt to enjoin a legal advice-themed radio show: “Court of Common Troubles” (299 Mass. 286).
Law360: "Judge Taranto said he's typically 'disappointed' with the [amicus] briefs submitted to the court, and urged the attorneys in the room to do better. 'It's very rare we get amicus briefs that say something beyond what the parties say,' he said. 'Most amicus briefs make broad, unsupported general assertions about things for which we aren't given independent basis to evaluate the truth of the assertions.'"
I’m freshly appalled by Trump’s efforts to protect his 2016 election campaign by shadily paying Stormy Daniels in a way Trump hoped wouldn’t be traced back to him. I’m newly appalled by the cast of Republican electeds who come to the courthouse to violate the spirit of the gag order Trump himself is under. They present themselves as mouthpieces for Trump and make all manner of remarks that, if he made them himself, would be violations of the order. The Republicans are a lawless cult. #LawFedi
"Mansion" taxes are probably not going to ameliorate inequality anytime soon. Tying much-needed public services, like incentivizing the building of affordable housing, to revenue generated from them is not a good idea.
Florence Ashley @ButNotTheCity People are claiming that sending police after @UAlberta students is okay because the University grounds are private property and the students were thus trespassing. As a law professor, let me state that this is a gross mischaracterization of the law. 10:58 AM • 2024-05-11 From Earth • 9.3K Views 139 Reposts 10 Quotes 354 Likes 20 Bookmarks Florence Ashley @ButNotTheCity•1h University grounds are essentially considered public property for the purposes of student protests. The Alberta Court of Appeal has ruled that the regulation of student expression on campus property is governmental in nature and subject to the Canadian Charter (2020 ABCA 1). 9219 O9 18 I
In a remarkable move, Trump-appointed judge Aileen Cannon vacated (cancelled) the May 20th trial date in Donald Trump's stolen classified documents/obstruction of justice/Espionage case in Florida, and she announced that she will be setting no trial date. This is particularly outrageous given that Trump's own lawyers had previously suggested an August trial date.
Cannon's conduct is reminiscent of some of the evidence in Trump's New York case: David Pecker, head of Enquirer tabloid magazine, was involved in a crooked scheme with Trump to catch and kill damaging stories to help the criminal in the 2016 election. Now, it sure looks like Judge Cannon is Catching and Killing Trump's Espionage case, which undoubtedly will help Trump in the 2024 presidential election.
Regarding Judge Cannon's pro-Trump bias, the recusal cup runneth over. Hopefully, Special Counsel Jack Smith agrees, and finally files a motion to REMOVE Judge Aileen "Pecker" Cannon from presiding over Trump's Florida prosecution.
#LegalEthics Tidbit: Don’t use your client’s confidential information for your true crime novel
A WI lawyer’s client was convicted of murder. He wrote to her in jail offering to forgive a $19k bill if she waived attorney client privilege so he could publish book about the case. He threatened to sue her grandparents if she didn’t sign. She didn’t sign. The lawyer self-published the book, chock full of client confidential information. License revoked.
Big difference between allowing details of unwanted sex in Weinstein and Trump trials. Trump paid to silence Daniels, allegedly to protect his chances of winning a presidential election. A key component of the case is persuading the jury that he would have been motivated to do that. If he was boorish or insistent with Daniels or otherwise badly behaved, then he had that much more reason to pay to keep her quiet. #LawFedi
In my column this week I discuss the general idea of injecting progressivity into the property tax regime.
When property values go up, income doesn’t always follow suit. This gives rise to myriad breaks from the FMV—assessment paradigm, which brings with it … problems.
Key it to income. (Property) tax the rich. Full stop.
It has been quite a while since I read a hard copy of newspaper. Took a tea break at a cafe, and was greeted by this pleasing headline and story. #ethics#LegalEthics#LawFedi
On Thursday, the #scotus will be hearing arguments where lawyers for the criminal defendant are arguing that all former presidents are forever immune from criminal prosecution for any official acts done in office.
Failure to respect the election of a new President, is the ultimate crime against the people, who are the basis of government. The President, by constitutional design, should have no role- official or unofficial-in the determination of the people's
vote. Immunity for the crimes here alleged would be most abhorrent to the Framers, because immunity would upset the constitutional scheme and aid a President in overriding the people's power over him.
The Framers would also have been appalled that Trump, despite having left office, seeks permanent immunity. As a Federalist wrote for the Maryland ratifying convention:
It seems, however, that the president may possibly be continued for life. He may so, provided he deserve it.
The Framers did not put an immunity clause in the #Constitution.They knew how to, and they did not. They did not provide immunity to the president. Wasn't the whole point that the president was not a monarch and the president was not supposed to be above the law.
The Biggest Criminal in American History.
Twice impeached, adjudicated fraud, adjudicated sexual abuser-rape and defamation of victim, four times arrested and five times indicted Donald Trump. A bigot, a misogynist, a liar. He incited Americans to attack fellow Americans with his knowing lies.
Track the criminal cases of this morally bankrupt thug.
✅ Federal Election Interference & Crimes Case
✅ Georgia Election Interference Case
✅ Stolen, Concealed Natl Defense Docs Case
✅ Hush Money Case Election Fraud
Criminal defendant Trump is not just an INDICTED DEFENDANT in four criminal cases, but he’s now an unindicted co-conspirator in #Arizona and #Michigan. What does it mean to be an unindicted co-conspirator.
The legal principles must be enforced even on the most notorious lawbreaker in American annals. -skykiss
The unindicted co-conspirator criminal Donald in #Arizona and #Michigan. What does it mean to be an unindicted co-conspirator: a person who is named in an indictment for their crimes as one who took part in a conspiracy to commit a crime but who is not charged in the indictment, YET. But soon for the biggest criminal in American History.
Please help me understand how Clarence Thomas can rule on Trump's absurd immunity appeal when Thomas' wife Ginni was an insurrectionist directly advising Trump and Meadows to not concede the election. Trumps appeal is seeking immunity for the criminal charges related to their Jan6th crimes.