Jackie Gardina

In addition to being the Dean of the Colleges of Law in Ventura and Santa Barbara (collegesoflaw.edu) I am the co-host of SideBar, a new podcast on Legal Talk Network. (sidebarmedia.org)

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Last Notes

2024-11-03 16:06:04 UTC

My parents had a traditional gender defined marriage. My dad worked outside the home, my mom stayed home and was the primary caregiver for 10 kids.
But my mom and dad did not vote together. And that fact was known - they joked they had a mixed marriage. My dad was a traditional R, my mom an independent lean D.
I feel so sad that there are women today that don’t feel the same freedom my mom did 60 years ago.

2024-10-30 15:03:24 UTC

This picture brings me such joy.
#HarrisWalz2024 #Vote
https://cdn.masto.host/awscommunitysocial/media_attachments/files/113/396/975/809/887/267/original/0afd3b4b05bc7211.png

2024-10-25 19:25:58 UTC

I can't even....
#washington_post #democracy #journalists
https://cdn.masto.host/awscommunitysocial/media_attachments/files/113/369/697/189/073/733/original/cfbc34fa69f91e46.jpeg

2024-10-25 14:03:33 UTC

With Election Day around the corner, I am reposting our conversation with @npub1fsx…af5j about his push to amend the constitution to include the right to vote. Yeah, the US constitution contains no explicit language about the right to vote....
#vote #vote2024 #democracy #law #lawfedi
https://legaltalknetwork.com/podcasts/sidebar/2024/03/surprise-you-do-not-have-the-right-to-vote-with-rick-hasen/

2024-09-02 14:32:43 UTC

Jim Crow was about using the law and the threat of violence to suppress the vote. Texas (and other states) have reinstated legal vigilantism in the criminalization of voting.
#Vote #democracy #uspol
https://wapo.st/3Xbyh1N

2024-08-15 21:16:39 UTC

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@npub1uvm…lw8a Did you see the meme of Alito, Thomas, and Cannon pictures under the title Opus DEI hires? Made me smile.

2024-07-31 23:14:39 UTC

In Plessy v. Ferguson, Supreme Court Justice Brown codified the "one drop rule" - that a person with any African blood, no matter how little, is considered to be Black. Period.
Trump has created a new rule - he'll decide if someone is Black....
#NABJ #race #Trump #harris2024

2024-07-25 22:26:40 UTC

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@npub1yme…r5de What an amazing effort! Thank you!

2024-07-25 12:40:35 UTC

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@npub1vmp…guln why is it that the entities seeking to restrict rights have names about liberty and freedom? Free to discriminate, I guess.

2024-07-23 04:24:14 UTC

I’m sorry but the fact that the Democratic Party insists it needs a white, heterosexual male on the ticket is the biggest “DEI hire” ever. Al
Sigh.
#Election2024 #kamalaharris

2024-07-17 15:47:48 UTC

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@npub1wlj…882v You weren’t able to access it? I used the gift link. Bummer.
https://cdn.masto.host/awscommunitysocial/media_attachments/files/112/802/612/110/365/399/original/c7f97d78e8ac1e17.png

2024-07-01 14:07:37 UTC

In 2024, we essentially receive #SCOTUS decisions via telegraph. LIVESTREAM DECISIONS.
https://cdn.masto.host/awscommunitysocial/media_attachments/files/112/711/617/625/743/540/original/6b13ec71a4cb5103.png

2024-06-28 14:44:03 UTC

Given the Supreme Court's latest decision overrruling Chevron, it seems appropriate to repost the conversation with Steve Vladek on SideBar. I think it is safe to answer "yes" to the power grab question.
#SCOTUS #democracy #law #lawfedi
https://legaltalknetwork.com/podcasts/sidebar/2023/08/is-the-supreme-court-amassing-unconstitutional-power-with-stephen-vladeck/

2024-06-27 13:34:06 UTC

If it doesn’t already exist, could someone build a website with all of Trump’s & Trump Org’s court cases starting with the consent decree for discrimination and including his bankruptcies through today? I’d like to post it every time I hear “Biden Crime Family” tonight.
#lawfedi #law #debate #trump

2024-06-25 13:10:13 UTC

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@npub1rml…xa6t I feel seen.

2024-06-12 04:45:39 UTC

When people say “this case should have never been brought” they are talking about prosecutorial discretion. And yeah, it’s a helluva a power. But it is a reality of our current system and affects thousands of defendants everyday. If you don’t like it - then fix the system for everyone; there is nothing special about defendants with the last name of Trump or Biden.
#law #lawfedi #trump #biden

2024-06-08 13:29:34 UTC

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@npub1hs4…k8w2 It was. I am glad it was on the digital front page.

2024-06-04 15:28:39 UTC

The Equal Rights Amendment has been ratified why isn't it in the federal constitution? (Hint: Trump) Kathy Spillar, the Executive Director of the Feminist Majority and Editor of Ms. Magazine discusses the past and future of the ERA on SideBar.
#ERA #EqualRightsAmendment #equality #women
https://legaltalknetwork.com/podcasts/sidebar/2024/06/constitutional-equal-rights-the-time-is-now-with-katherine-spillar/

2024-06-03 17:35:08 UTC

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@npub15uw…tw3e Yes, it does. That was the point of my post - they DOJ is NOT politicized.
I should have noted it was sarcasm.

2024-05-31 00:47:20 UTC

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@npub14fs…qegk I am sorry that you have firsthand knowledge. I do fear that he will reveal their identities and the mob will descend. Unlike court personnel, they don't have access to state-paid security.

2024-05-29 18:32:05 UTC

Alito, the author of the Dobbs opinion, is just trolling us now. In his letter to Congress refusing to recuse himself he says "My wife is an independently minded private citizen. She makes her own decisions, and I honor her right to do so."
#SCOTUS #ethics #judiciary #J6 #democracy
https://www.documentcloud.org/documents/24698833-samuel-alito-letter-to-senate-judiciary-committee-on-flags

2024-05-26 12:55:50 UTC

Past as prologue. And this passage was written without irony or apparently, self-reflection. (Gift link)
“Long before elected officials discovered that informal legislative guardrails could be ignored, that journalists rarely followed up on false claims, and that emerging media could easily be exploited, Dies had figured all that out.”
#media #journalist #democracy
https://wapo.st/3UP8DyI

2024-05-24 15:53:06 UTC

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@npub1k9q…j0yn True but it isn’t framed as political - it is only discussed as political when activist seek divestment. Or so it seems.

2024-05-21 14:57:16 UTC

@npub1ate…8xqy joined SideBar to discuss her new book The Originalism Trap. And I actually felt hopeful after our discussion - a rare phenomenon in today’s legal landscape. https://legaltalknetwork.com/podcasts/sidebar/2024/05/how-extremists-stole-the-constitution-and-how-we-the-people-can-take-it-back/

2024-05-04 16:11:45 UTC

@npub15a7…3yzg article showcasing the past as prologue at Ole Miss.
#campus #protests #highered #law #lawfedi
https://www.mississippifreepress.org/41910/as-students-protest-for-palestine-the-ghosts-of-ums-past-rise-again

2024-05-02 15:18:19 UTC

This is brutal…madlibs for university presidents writing email to campuses with protests.
#campus #highered #protests
https://www.mcsweeneys.net/articles/university-presidents-response-to-student-dissent-mad-libs

2024-05-02 15:11:03 UTC

Read student journalist about what is happening on campuses right now.
#protests #campus #Gaza #democracy
https://dailybruin.com/2024/05/01/editorial-ucla-is-complicit-in-violence-inflicted-upon-protesters-failed-to-protect-students

2024-04-30 03:12:36 UTC

This line - although written in jest - pretty much sums up the GOP playbook.
“We really saw this as an opportunity to grab the senseless-dog-execution demographic, and maybe even make some inroads with independent sociopaths and future serial killers. We just didn’t see the blowback coming.”
#Election2024 #kristinoem #gop
https://apple.news/AS8Kpz03gRqONLHsGeF1TvA

2024-04-29 01:25:52 UTC

I wish people felt as strongly about what Kyle Rittenhouse did as they do about why Kristi Noem did.
#KristNoem #democracy #elections

2024-04-27 19:11:06 UTC

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@npub18ea…x2le Thank you, fixed it. After I pondered the secret meaning of your post....

2024-04-27 15:18:18 UTC

What I learned at SOCTUS this week.
We should be very concerned about the dangers of prosecutorial overreach when it comes to former presidents alleged criminal conduct while in office.
We should NOT be considered at all about the dangers of prosecutorial overreach when it comes to doctors who perform lifesaving abortions in Idaho.
Got it.
#SCOTUS #abortion #immunity #law #lawfedi

2024-04-23 23:16:07 UTC

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@npub1swy…snpj I remember how jarring it was to get my first AARP invite!

2024-04-23 04:08:05 UTC

I am at the age where my newsfeed ads are all about anti-aging vitamins, creams, exercises, and surgeries. I refuse to take them or color my hair. Aging is natural, I want to be healthy but I don’t need to “look” young.

2024-04-22 15:01:23 UTC

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@npub1cgs…0c0v You will not be surprised to learn that it is Mississippi that celebrates confederacy month.

2024-04-21 23:38:04 UTC

You know me what still amazes me. Alabama traded Doug Jones for Tommy Tuberville. SMDH

2024-04-20 13:59:15 UTC

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@npub1hs4…k8w2 Me too. It is interesting how VW responded to the vote - the company actually said congratulations. I think foreign companies may respond differently to unionization activities.

2024-04-20 13:48:10 UTC

I wanted to share Jamelle Bouie’s piece on the efforts to unionize autoworkers in a southern economy built on slave labor. (Gift link)
#union #labor #UAW #democracy #lawfedi
https://www.nytimes.com/2024/04/19/opinion/uaw-southern-republicans-unions.html?unlocked_article_code=1.l00.ZYy7.6Yrp-CbwMuyP&smid=url-share

2024-04-13 00:46:08 UTC

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@npub1w6q…xk7c Same. And I remember the grainy photo of him on a boat with a women - not his wife - sitting on his lap. (Gasp)

2024-04-13 00:36:43 UTC

Remember Gary Hart and how an alleged affair derailed his presidency? Seems quaint now, doesn't it?
My favorite line: "the real story was bigger than just one affair—it was about Hart’s fundamental character, and whether a man like him should be president."
https://www.history.com/news/gary-hart-scandal-front-runner
#law #lawfedi #democracy

2024-03-03 20:17:17 UTC

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@npub16hx…deh2 @npub17a9…mv9a I’ll take a listen! We played it in my hometown until the NCAA recognized women’s basketball and it became a potential pathway to.l college for HS graduates.

2024-03-03 04:37:47 UTC

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@npub1dl2…g64n @npub17a9…mv9a @npub1hvd…9sq9 that’s it! Thanks for sharing!

2024-03-02 14:17:55 UTC

Until the NCAA recognized women’s basketball as a legitimate sport, Iowa high school girl’s basketball still played half court 3 on 3 basketball. In 1982, it switched to full court 5 on 5 so high school graduates could compete at the college level. 40 years later, Caitlin Clark is shining a light on that history.
#NCAA #basketball #women #equality
https://wapo.st/3P3v6WU

2024-02-08 16:52:10 UTC

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@npub1pz8…jnta @npub1yme…r5de There are many historians and conservative legal scholars and jurists who disagree with your opinion.

2024-02-08 16:23:15 UTC

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@npub1yme…r5de And every time I hear Kavanaugh, I think of Alina Habba saying that Trump fought for him and Kavanaugh will fight for Trump.
Based on this argument, she was right.

2024-01-01 15:42:50 UTC

Happy New Year! And thank you all for the community and engagement in 2023. I look to forward to continuing to learn from all of you 2024.

2023-10-25 19:15:01 UTC

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@npub1v2s…mqq5 Same.

2023-10-25 18:18:26 UTC

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@npub1v2s…mqq5 I watched a documentary that described Christian Nationalist’s “Joshua Generation” (GenJ). They have been working towards this for a long time.
https://en.wikipedia.org/wiki/Generation_Joshua

2023-10-25 18:14:14 UTC

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@npub1v2s…mqq5 That’s frightening.

2023-10-25 17:45:24 UTC

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@npub153s…cvd9 @npub178r…qekt His voting record and the bills he introduced should be baggage.

2023-10-25 17:29:23 UTC

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@npub10d3…dux8 If Democrats win the majority in the 2024 election, the new Congress and Hakeem Jeffries certify the election. So let’s get out the #vote!

2023-10-25 17:20:09 UTC

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@npub19vl…nuam I agree with you. You wouldn’t abandon that position if it was deeply held. @npub1yme…r5de

2023-10-25 17:08:50 UTC

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@npub19vl…nuam When Jordan was the nominee, Buck was so clear that he didn’t think it was right to have someone who denied that President Biden was duly elected as Speaker. Gaetz was successful in wearing the “moderates” (quotations used) down. @npub1yme…r5de

2023-10-25 15:02:53 UTC

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@npub19vl…nuam I agree. I do not have a good feeling about this. The 2024 elections were already important but now we need to ensure that we have a Democratic majority in the House when we certify the election results. @npub1yme…r5de

2023-10-25 14:34:31 UTC

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@npub1yme…r5de and even if he had not attempted a soft coup, he has other scary attributes—including introducing a Florida style “don’t say gay” law in the House and he supporting abortion bans. In short, he is a nightmare.

2023-10-25 05:36:53 UTC

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@npub1nyg…r8cv @npub12k4…6gj5 Thank you. Yes. This is my frustration.

2023-10-25 05:35:54 UTC

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@npub1j9p…6kez Yes, I was frustrated with 3 attorneys pleading guilty to election interference involvement. I recognize it is nuanced. Sigh.

2023-10-25 05:34:41 UTC

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@npub1yme…r5de I think it may have less to do with his skin color than who his democratic label. Even if he were a white man he would not be elected to Speaker with the help of the GOP. They seem to fear Trump and collaborating with Democrats.

2023-10-24 21:51:02 UTC

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@npub1yme…r5de Isn't that a circle?

2023-10-24 16:29:17 UTC

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@npub12k4…6gj5 I am going to go with - over 60 court decisions saying there was no evidence of fraud as a sufficient definition.

2023-10-24 14:46:53 UTC

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@npub1j9p…6kez Which is what Jenna Ellis plead to - aiding and abetting false statements. Lawyers have a duty, including a duty to be guardians of the rule of law. If you violate that duty, you’re out. I am tired of the profession being undermined.

2023-10-24 14:23:09 UTC

I hesitate to making declarative statements because I realize the world is complex and circumstances nuanced, but here I go.
If you plead guilty to or are convicted of using the system of justice to undermine democracy you should lose your license to practice law.
#democracy #law #lawfedi #lawyer #ethics #justice

2023-09-04 15:50:35 UTC

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@npub1xsy…cevg May their memories be a blessing. Guilt comes in waves--big ones that knock you over and little ones that nibble at your ankles. Ever present.

2023-09-03 15:12:27 UTC

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@npub1hth…he0c @npub1xr8…3q0g @npub1c2y…jycf I do wonder if this was what the lead up to WWII felt like globally, an economic downturn followed by the rise of a far right that had been building support over time and saw its moment.

2023-09-03 15:07:39 UTC

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@npub1ulm…hweg @npub1lsl…9c2x I have to believe that this man has been protected and coddled his whole life otherwise how could he NOT recognize his behavior was inappropriate?

2023-09-03 01:49:05 UTC

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@npub170v…javf We are looking at different dockets. You are looking at the timeline for the petition for cert on September 28. 2022. I am looking at the emergency docket. The petition for emergency relief was filed on August 30 and denied on September 1, 2022 in a 5-4 decision with Chief Justice Roberts, Kagan, Sotomayor and Breyer dissenting. https://www.scotusblog.com/case-files/cases/whole-womans-health-v-austin-reeve-jackson/

2023-09-03 01:08:36 UTC

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@npub170v…javf Clearly we will not convince each other that our position is right and other’s position is wrong. I am happy to respond to other posts you may have but I am done responding to posts about this issue. Have a good night!

2023-09-02 13:12:54 UTC

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@npub170v…javf You and I view it differently. The *decision* not to stay the 5th Cir order is an action. By not staying the order, it allowed the TX Heartbeat Law to go into effect because there was no court order staying it.
“The court also ruled that the law, which effectively bans abortions after six weeks of pregnancy, will remain in place as these legal challenges play out.”
After this ruling, abortions dropped by 60% in TX while there was still a constitutional right to abortion.

2023-09-01 12:29:10 UTC

The architects of the Texas Heartbeat Law (SB8) have now brought a new level of cruelty. Local ordinances that “make it illegal to transport anyone to get an abortion on roads within the city or county limits. The laws allow any private citizen to sue a person or organization they suspect of violating the ordinance.”
Notice, once again, that the state is not enforcing the law—private citizens are.
#abortion #USpol #USpolitics #law #lawfedi #democracy
https://wapo.st/3L6AGWn

2023-08-31 18:52:41 UTC

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@npub1zlm…tahk @npub154j…k988 You'll have to listen to the episode but I do think you are right, she misses or sidesteps the main critique.

2023-08-31 17:23:54 UTC

We spoke with Nina Totenberg about how to cover the Supreme Court in the 21st century. I am not sure she answered @npub154j…k988 critique but you can decide for yourself.
https://legaltalknetwork.com/podcasts/sidebar/
https://cdn.masto.host/awscommunitysocial/media_attachments/files/110/985/384/436/447/192/original/8dd51488e693aa57.mp4

2023-08-31 12:48:57 UTC

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@npub1ded…3syf @npub189n…satx I don’t think it will happen as you suggest. I have no doubt it is being negotiated right now. He is up for reelection in 2026 and anyone who replaces him will be heir apparent to the seat.

2023-08-31 12:37:28 UTC

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@npub1ded…3syf @npub189n…satx KY legislature changed the law so that McConnell must be replaced by a Republican. McConnell, however, refused to allow Democrats to replaced Feinstein on the Judiciary Committee so if she resigns say goodbye to any judicial appointments.
https://www.npr.org/2023/07/31/1191034037/mcconnell-facing-health-questions-says-he-ll-serve-full-term-keep-leading-senate

2023-08-30 13:45:24 UTC

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@npub1nyg…r8cv Same. :(

2023-08-30 12:39:00 UTC

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@npub1nyg…r8cv Agree! The Supreme Court opened the door to this with a decision out of Maine last year. It will be interesting to see if they open the door all the way with Oklahoma’s decision to give public money to a Catholic charter school. https://www.pbs.org/newshour/show/the-legal-battle-in-oklahoma-over-public-funding-for-a-religious-charter-school

2023-08-29 12:52:56 UTC

Florida’s “Don’t Say Gay Bill” and others like it were 50 years in the making, just like effort to overturn Roe. It’s a long game. (No paywall)
“The solution: lawsuits alleging that schools’ teachings about gender identity and race are unconstitutional, leading to a Supreme Court decision that would mandate the right of parents to claim billions of tax dollars for private education or home schooling.”
#education #law #lawfedi #SCOTUS #religion #LGBTQ
https://wapo.st/3svRzn7

2023-08-28 21:10:49 UTC

In 1991, former Chief Justice Warren Burger called the special interest push to define Second Amendment rights as absolute "a fraud on the American people." SCOTUS has actively participated in that fraud.
"If the militia can be well-regulated why can't a 16, 17 or 18 year old?"
#guns #shooting #2A #democracy #USpolitics #law #lawfedi #SCOTUS
Listen.
https://www.youtube.com/watch?v=hKfQpGk7KKw

2023-08-28 13:53:25 UTC

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@npub170v…javf Because we were discussing #SCOTUS. The Court had 2 options: deny the petition and allow the law to go into effect even though it had yet to decide Dobbs or approve the petition and stay the 5th Cir. decisions pending the Dobbs decision.
It denied the petition w/out explanation. The denial meant tha law was allowed to go into effect nine months BEFORE the Supreme Court issued its decision overturning Roe.
You and I will have to agree to disagree on how we characterize that decision.

2023-08-28 03:05:31 UTC

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@npub1yme…r5de I’d like them to write a story about the NC Supreme Court and its seismic shift in voting and access to abortion in that state. Elections matter.

2023-08-27 16:59:38 UTC

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@npub1fvg…2sdk Sadly, the 1850s and 1860s too—we can trace it all back to the original sin. In the podcast, we talked about the erasure of history and its effect on the struggle.

2023-08-27 16:54:45 UTC

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@npub1fvg…2sdk He is an amazing writer too. I asked him about staying in TX given everything that is going on there. He gave the perfect answer. “Texas is ground zero for my work.”

2023-08-27 16:40:32 UTC

With the white supremacy inspired shooting in Jacksonville yesterday, I thought I would share my conversation with Dr. Joseph Peniel, author of The Third Reconstruction: America’s Struggle for Racial Justice in the 21st Century. His book and our conversation places this racial violence within an historical perspective and provides a helpful frame to view today’s political environment.
#blackmastodon #race #equality #USpolitics #politics #law #lawfedi #democracy
https://legaltalknetwork.com/podcasts/sidebar/2023/07/has-america-abandoned-the-promise-of-a-multi-racial-democracy-with-dr-peniel-joseph/

2023-08-27 14:06:39 UTC

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@npub1esh…5fqz @npub1v2s…mqq5 It shouldn’t be controversial—it’s life or death. See Paradise, Maui.

2023-08-27 13:14:56 UTC

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@npub170v…javf Here is a timeline.
May 19, 2021, Texas Heartbeat Bill signed into law. At the time it was signed into law, it clearly contradicted both Roe and Casey.
September 1, 2021, the law went into effect *after* the Supreme Court denied an emergency petition from abortion providers in TX.
For 9 months SB8 was in effect when Roe was still good law and there was a constitutional right to access an abortion.
June 24, 2022, Court handed down Dobbs which overturned Roe v. Wade.

2023-08-27 03:48:29 UTC

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@npub1xtg…xfsf yes, she compares the US to other constitutional democracy and how they have advanced women’s equality differently—not perfectly but with better outcomes.

2023-08-27 03:37:11 UTC

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@npub1xtg…xfsf the latter. She makes the argument that women’s labor is used for the public good without any payment or acknowledgment.

2023-08-27 00:23:57 UTC

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@npub1rp8…5fqa I have been embarrassed…it is cringeworthy and then some.

2023-08-26 19:38:17 UTC

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@npub170v…javf We will have to agree to disagree on the characterization of the Clurt’s action.
https://www.scotusblog.com/2021/12/court-leaves-texas-six-week-abortion-ban-in-effect-and-narrows-abortion-providers-challenge/

2023-08-26 14:28:23 UTC

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@npub19vl…nuam I recommend the book, it is quite good, a mix of history, law and good story telling that makes it an easy read. And yes, by 1925 the docket had become much larger, although Congress could have defined the Court’s appellate jurisdiction more narrowly or defined when cert should be granted but it left it to the Court. The book lays out a strong case that the Court is abusing that discretionary grant.

2023-08-26 14:14:12 UTC

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@npub19vl…nuam It isn’t me as much as Steve Vladeck’s book “The Shadow Docket” - he describes the Court’s power or lack of power to control its docket until the 1925 Judges’ Act and then how it slowly changed its internal rules to amass even more control - like its ability to reject the question asked by the party and announce its own question for review. I had accepted the modern court process but it turns out it was launched by statute. https://legaltalknetwork.com/podcasts/sidebar/2023/08/is-the-supreme-court-amassing-unconstitutional-power-with-stephen-vladeck/

2023-08-26 14:06:49 UTC

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@npub1u3q…7lak I should have done a CW. :)

2023-08-26 14:06:17 UTC

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@npub19vl…nuam I agree with the enforcement piece. But isn’t discretion around certiorari statutory and the Court’s internal rules. Before they 1925 Judges Act the Court didn’t have that power. Couldn’t Congress take it back?

2023-08-26 13:51:59 UTC

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@npub1suf…lp40 I would argue it is even a little stronger than that because Congress does have significant power to regulate the Court. How they reach the end result—through jurisdictional limits or withholding funding if an ethics code is not adopted appears to be within their power.

2023-08-26 13:48:42 UTC

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@npub19vl…nuam SCOTUS relies entirely on its legitimacy and public trust in its legitimacy is at an all time low. Do you think that makes a difference? The GOP is attacking institutions of governance, especially the criminal justice system. Democracts are also attacking the courts but doing it more through institutional channels—ethics codes, changing the number of Justices, changing jurisdiction—all allowed.

2023-08-26 13:39:51 UTC

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@npub19vl…nuam I know! And we accept it. And Alito would like to take that power and declare it is unconstitutional for Congress to dictate an ethics code to the Court. I get to decide what the law is and the law isn’t that is quite the approach to constitutional interpretation.

2023-08-26 13:19:48 UTC

Recently, Justice Alito said “I know this is a controversial view, but I’m willing to say it. No provision in the Constitution gives them the authority to regulate the Supreme Court — period.”
I wonder if he would accept the same being said about the #SCOTUS’ authority to determine the meaning of the constitution. There is nothing in the constitution that gives SCOTUS the final word on its meaning. Yet, it dictates to the other two branches all the time. The hubris!
#law #lawfedi #lawyers

2023-08-25 16:38:39 UTC

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@npub1euu…zt0g @npub14nl…neue Yes, those are two differences. I am not sure they address the underlying abuse of power, however, or the affect on academic freedom described in the article. Even publicly funded universities have processes as guardrails that were completely ignored. So while we might be able to find distinctions, I don't believe they address the concerns raised.

2023-08-25 15:05:40 UTC

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@npub1s4p…zzn6 To your point, a GOP operative associated with Trump campaign is threatening anyone who attempts to make money off of the mugshot other than Trump.

2023-08-25 13:20:15 UTC

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@npub170v…javf As I said in an earlier post we may need to agree to disagree. A state makes a law that is clearly unconstitutional at the time it is passed. There is no question it was. Roe was in effect. The Supreme Court decides to allow the law to go into effect instead of maintaining the status quo—which would be to stay the implementation of the law until a decision on the merits was made. It did the opposite, contrary to its standard for granting emergency petitions.

2023-08-24 18:17:53 UTC

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@npub170v…javf True but I again encourage you to read the book to understand how it plays out. The Court allowed TX SB8 to go into affect even though it was clearly unconstitutional at the time the stay was sought. It allowed the AL congressional maps to go into effect for the 2022 midterms even though they violated s. 2 of the Voting Rights Act. The decision to allow the Alabama maps to go into effect influenced maps in at least 3 other states. The shadow docket is powerful tool. Don't dismiss it.

2023-08-24 13:34:36 UTC

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@npub1qe5…8ugl I noticed the absence of our democracy in that list as well. The #media has once again shifted to horse race coverage rather than exploring the broader implications of last night’s debacle.