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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jackiegardina_at_awscommunity.social@mostr.pub

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nprofile1qqsd668075yfrvsd57fmq22ce0sjcjcgvhw6w2kdvwu8pq50te0tmjcpz4mhxue69uhhyetvv9ujumt0wd68ytnsw43qa70yhe

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npub1m45wlaggjxeqmfunkq543jlp939ssewa5u4v6cacwzpg7hj7hh9syvwusr

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Last Notes

2024-09-03 13:52:32

Erwin Chemerinsky joined SideBar to discuss campus protests, free speech, anti-semitism, and much more. I'd say he has forgotten more constitutional law than I will ever know - but I don't think he has forgotten any.
#SCOTUS #constitution #law #lawfedi #uspol
https://legaltalknetwork.com/podcasts/sidebar/2024/09/does-our-current-constitution-provide-the-protections-and-rights-we-need-with-dean-erwin-chemerinsky/

2024-08-06 14:50:19

I think this book will get a surge in sales.
#harris2024
https://www.amazon.com/How-Talk-Minnesotan-Revised-Century/dp/014312269X/ref=asc_df_014312269X/?tag=hyprod-20&linkCode=df0&hvadid=693387131714&hvpos=&hvnetw=g&hvrand=14348150809249261395&hvpone=&hvptwo=&hvqmt=&hvdev=m&hvdvcmdl=&hvlocint=&hvlocphy=9031615&hvtargid=pla-570144271168&psc=1&mcid=151ef4eef57436d69060880c2b4153f4&gad_source=1

2024-08-06 14:49:39

Should we be concerned that the Capital Police are recruiting on X?
#democracy #J6

2024-07-31 23:14:39

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

2024-07-26 23:49:51

I cannot get this scene from Gilmore Girls episode "Cat Lady" out of my head.
https://www.youtube.com/watch?v=CZp1kYLE7Bw

2024-07-25 23:58:47

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@npub14kr…mwnq Interesting since he would defund the FBI at least.

2024-07-25 23:58:18

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@npub19qr…rw03 I know right? I was surprised by who wasn't named.

2024-07-25 22:50:47

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@npub1wfx…8uy3 No. Thanks for sharing. I'll look it up.

2024-07-25 22:44:06

The National Association of Police Organization endorsed Donald Trump. I wanted to understand who exactly the NAPO represented. If my state, county, or local police were represented, I was going to voice my disapproval. They were not. Check out whether your local police are included.
#Election2024 #police #endorsement #media
https://www.napo.org/about/related-sites-organizations/

2024-07-25 22:26:40

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

2024-07-25 12:41:14

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@npub19pk…qwmn I understand your point.

2024-07-25 12:40:35

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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.

2024-07-24 13:50:31

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@npub19pk…qwmn you can see the artists name in the corner, barely. I saw it on another site.

2024-07-24 02:39:20

This is fascinating. In 1990, Trump did an interview with Playboy magazine. He glorified the Chinese government's response to protests.
"You mean firm hand as in China?
When the students poured into Tiananmen Square, the Chinese government almost blew it. Then they were vicious, they were horrible, but they put it down with strength. That shows you the power of strength. Our country is right now perceived as weak ... as being spit on by the rest of the world—"
https://www.ebroadsheet.com/wp-content/uploads/2017/03/playboy-interview-donald-trump-1990

2024-07-24 02:14:34

The challenge to Obergefell is here already, courtesy of Kim Davis, the clerk who refused to provide a marriage license to a same-sex couple. Dobbs is cited, of course.
#LGBTQ #law #lawfedi #equality
https://www.jezebel.com/former-country-clerk-kim-davis-asks-appeals-court-to-overturn-marriage-equality-ruling

2024-07-23 04:24:14

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

2024-07-22 14:51:50

A future event cannot be historic. For the love of all things good, can we please stop calling an election that is 4 months away historic.
#Election2024

2024-07-21 23:46:28

I love this.
https://cdn.masto.host/awscommunitysocial/media_attachments/files/112/827/142/994/685/606/original/617dc3f0e12f8260.png

2024-07-20 13:55:39

This is (another reason) why local newspaper and journalist are so important. We have lost so much with the consolidation and corporatization of media.
#media #journalism #democracy
https://www.washingtonpost.com/style/media/2024/07/20/beaver-countian-vranesevich-trump-shooting/
https://cdn.masto.host/awscommunitysocial/media_attachments/files/112/819/156/581/894/217/original/3c4ba1a9e9b4e9be.png

2024-07-17 16:19:45

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@npub1wlj…882v Damn. I wish you could see the whole thing. She is actually mocking defeatist and their head in the sand approach to the election.

2024-07-17 15:47:48

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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

2024-07-17 15:02:52

As usual, Alexandra Petri nails it….with dark humor. [Gift link]
#Election2024 #election #vote #democracy
https://wapo.st/3y2mLgQ

2024-07-09 16:15:53

‪jackiegardina.bsky.social‬ ‪@jackiegardina.bsky.social‬
·
1h
I just need to look at GOP led states to know who and more importantly *what* I am voting for (and against) in the 2024 election.
Is Biden the *best* candidate to lead the ticket? I can't say. But I do know that the Democrats support a pluralistic democracy that lifts marginalized communities.
#democracy #DemocracyInDanger #equity #GOP

2024-07-07 17:38:38

@npub1mux…xcur understands the stakes. Let’s elevate his work as much as possible.
#media #journalist #election
https://www.inquirer.com/opinion/commentary/project-2025-trump-lie-20240707.html?utm_source=social&utm_campaign=gift_link&utm_medium=referral

2024-07-06 18:06:04

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@npub1v2s…mqq5 Concurring, Gardina, J.

2024-07-03 15:07:12

If you need a glimmer of hope in this turbulent time listen to Nisha Anand, CEO of Dream.org, talk about finding radical common ground and meeting progressive goals in a polarized environment.
#democracy #justice #vote #law #lawfedi
https://legaltalknetwork.com/podcasts/sidebar/2024/07/the-radical-act-of-choosing-common-ground-with-nisha-anand/

2024-07-02 05:26:36

Given the #scotus decision today on presidential immunity - the whole GOP investigation into the “weaponization” of the DOJ needs to stop. Totally legit.
#immunity #democracy #law #lawfedi

2024-07-01 14:30:08

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@npub1277…ztst Well, if Christian nationalism wins, then we will likely be going back to stone tablets - just as the Bible commands.

2024-07-01 14:07:37

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

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 22:30:06

I feel like I am waiting to watch a horrific car crash tonight...I know it's coming but I can't look away.
#Debate

2024-06-27 18:40:22

H/T to @npub1r0g…6aux for sharing USA Today's efforts to catalog Trump's court cases. It hasn't been updated but it is still revealing.
#lawfedi #law #debate
https://www.usatoday.com/pages/interactives/trump-lawsuits/

2024-06-27 13:34:06

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

2024-06-26 14:22:59

In recognition of more J6 defendants being sentenced today while DJT campaigns for president, SideBar presents Elie Honig on his book "Untouchable: How Powerful People Get Away with It"
#2024election #justice #democracy
https://legaltalknetwork.com/podcasts/sidebar/2024/06/justice-bent-not-broken-with-elie-honig/

2024-06-25 16:37:36

What a sad statement about where we are right now.
"Today, the creation of a makeshift memorial in the wake of a school shooting might be expected, but then it was still a novelty, the beginning of a new American ritual."
#GunSafety #GunReformNow #democracy
https://www.newyorker.com/magazine/2023/12/04/what-happens-to-a-school-shooters-sister?utm_campaign=falcon_FCzP&utm_source=twitter&mbid=social_twitter&utm_brand=tny&utm_medium=social&utm_social-type=owned

2024-06-25 13:10:13

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@npub1rml…xa6t I feel seen.

2024-06-24 15:05:10

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@npub1v3l…lm9y I have to think more positively or I will seek into a deep dark hole.

2024-06-24 14:55:17

Nothing good can come from this.
#LGBTQ #SCOTUS
https://wapo.st/4cBdzyO

2024-06-19 23:02:36

I have retreated into Newsroom because I need to believe that we are better than we are behaving.
#media #democracy

2024-06-14 00:09:19

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@npub1q9p…endx He is a zealot and there appears to be no check on him in the Court of Appeals.

2024-06-13 22:48:10

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@npub1k9q…j0yn Yes. OK, we can pop one bottle but we have to save the others.

2024-06-12 04:45:39

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

2024-06-09 01:24:10

I don’t think this received as much attention as it should have.
#abortion #highered #TitleIX #law #lawfedi
https://www.insidehighered.com/news/quick-takes/2024/06/03/texas-professors-sue-further-limit-student-abortion-access

2024-06-08 13:29:34

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

2024-06-08 13:08:56

Isn’t “post-constitutional vision” created by a white Christian Nationalist another name for fascism?
#democracy
https://wapo.st/3VyftdG

2024-06-05 15:23:37

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@npub1fah…ya3h yesterday I posted a podcast episode on the ERA and even the proponent of the amendment said that SCOTUS could blunt its impact. We are woefully out of balance.

2024-06-05 15:16:16

Does anyone else find it absurd that every June we wait for 9 unelected officials to issue decrees about what rights we have and what rights we have lost?
What happened to the Article III judicary being the least dangerour branch of government?
#scotus #constitution #equality #law #lawfedi

2024-06-04 15:28:39

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

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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.

2024-06-03 16:56:53

The Biden Administration has weaponized the DOJ so much that jury selection in Hunter Biden's trial starts today & Sen. Bob Menendez is currently on trial and Rep. Henry Cuellar has been indicted.
Wow, they are bad at this.
#BidenAdministration #DOJ #democracy #law #lawfedi

2024-06-01 12:56:40

I wrote this over 10 years ago and it feels even more relevant today.
#HappyPride #LGBTQ #equality #law #lawfedi
https://www.huffpost.com/entry/visible-family-ties_b_3492140

2024-05-31 05:00:00

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@npub1242…l2hp Fair point.

2024-05-31 00:47:59

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@npub1q38…k5s5 I fear the same. Yet, they did it, knowing there was that potential. More courage than many so-called leaders.

2024-05-31 00:47:20

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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.

2024-05-30 22:52:05

Respect for the 12 jury members and 6 alternates who did their civic duty under the most difficult circumstances. So far, only ordinary Americans - in grand juries, trial juries, and the ballot box, have held Trump accountable.
#Trump #Guilty #judiciary #Jury

2024-05-29 18:32:05

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

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

2024-05-25 15:40:20

Imagine the response if Justice Jackson had this flag flying outside her home.
#SCOTUS #ethics #judiciary #law #lawfedi
https://cdn.masto.host/awscommunitysocial/media_attachments/files/112/502/478/613/310/130/original/c63f7bdf4853de6e.png

2024-05-25 13:20:37

Justice Sotomayor describes well what the last eight years have been like for many of us. I am worried for the end of this SCOTUS term. (Gift Link)
#SCOTUS #law #lawfedi
https://www.nytimes.com/2024/05/24/us/politics/sonia-sotomayor-supreme-court.html?unlocked_article_code=1.uk0.QnA8.iMLJrV-seSl1&smid=url-share
https://cdn.masto.host/awscommunitysocial/media_attachments/files/112/501/919/092/072/856/original/c2e679357be1457a.png

2024-05-24 15:53:06

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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.

2024-05-24 15:39:58

I saw a post that asked: why is divestment political but investment is not? And I can’t stop thinking about it.

2024-05-21 18:33:35

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@npub17vp…j605 Yes! And Senator Whitehouse to discuss ethics and dark money in the judiciary. So far they haven’t jumped at the chance. 😊

2024-05-21 16:42:40

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@npub17vp…j605 Thanks for sharing! I was able to see Raskin speak at an event and he speaks with such clarity about what is happening and what we need to do.

2024-05-21 14:57:16

@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/

2024-02-28 23:59:25

SCOTUS accelerated President Nixon's resignation with its decision in US. v. Nixon - which it took on direct appeal from the district court.
SCOTUS is delaying President Trump's trial after rejecting Jack Smith's certiorari petition directly from the district court, requiring an appellate decision, sitting on the stay for 2 weeks and then deciding to hear the case in 2 months.
What a f***ing mess.
#SCOTUS #Trump #JackSmith #immunity

2023-12-17 15:05:28

It isn’t just Trump that uses language pulled right from Adolph Hitler’s playbook. GOP politicians do as well, especially when it comes to the LGBTQ+ community. We need to call it out whenever we hear it.
#LGBTQ #dictator #democracy #media
https://www.collegesoflaw.edu/blog/2023/06/20/a-pride-month-warning/
https://cdn.masto.host/awscommunitysocial/media_attachments/files/111/596/364/123/135/033/original/9a2e67722cb60018.png

2023-11-06 13:26:24

We have never been a colorblind society. Yet, those lawyers and judges who believe so fervently in “originalism” suddenly want to adopt a “living constitution” approach when it comes to the 13th, 14th, and 15th Amendments and completely ignore history when it comes to the Reconstruction Acts.
#race #equality #SCOTUS #uspols #uspolitics #law #lawfedi
https://wapo.st/3FMLWEk
https://cdn.masto.host/awscommunitysocial/media_attachments/files/111/363/812/179/952/510/original/cab83a56a6d7fd7e.png

2023-10-25 17:08:50

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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

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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

2023-10-06 12:50:23

Today in America, it is legal for a man to openly carry an "AK-47 like" rifle but he will be arrested for carrying a collapsible police-style baton in his backpack without a valid concealed-carry permit. SMDH
#guns #democracy #law #lawfedi
https://www.nytimes.com/2023/10/05/us/man-gun-arrested-tony-evers.html?unlocked_article_code=X9ZTZeXlCOvjQmsmC9r1l_YHlqH_QvyBeWNxFnmhio8Uj8zco3w-GPj-8Rhc2HQd6gp3cv83KFW_Q62W1GtVBJWKRfBRiR0Kg0SGzLt5x522-4gIB8WLv3Kszd9Vg9ck09iJaHQ_DYwvBOkT2Q0qFu56bHvYD6WhfdQe-tYwmx1OfcBITUF6lfByCqyXtoG4OvXHR04XoOsugJghE7maosT5gS6Ubd23DFEWlnJDYDvfD6k_UgG9FnW1lRqdSMXmgyMnF3PQ-SLoa_VAuG_C0BSxX_0R9lCSKVdtZqKCARs3Rvb7eOd2xhMVWoEs28y-w1_adbJWPod4Ht9S-II6zQ&smid=url-share

2023-09-20 09:08:44

Magical night last night at The Crane in #galway.
#mastodaoine do you know the name of the song?
https://cdn.masto.host/awscommunitysocial/media_attachments/files/111/096/681/950/623/360/original/bfccebf2213791fc.mp4

2023-09-15 17:22:15

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@npub1cpj…m6dh Got it!

2023-09-15 14:31:38

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@npub1cpj…m6dh thanks for the tip!

2023-09-15 13:36:38

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@npub1cqw…qsc0 Thank you! I’ll let you know how it goes.

2023-09-11 13:45:20

It’s a sports #journalists saying what political journalists will not. Thanks Jim Trotter.
“Legislators used to focus on the greater good and treat compromise as something to be celebrated instead of loathed. Nowadays, however, there must be a winner and loser. Selfishness has replaced selflessness, with the needs of the one outweighing the needs of the many.”
#democracy #USpolitics #USpols #media #sports #politics
https://theathletic.com/4847876/2023/09/09/iowa-iowa-state-politics-football-trump-desantis/?source=twitterhq

2023-09-01 13:25:26

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@npub19vl…nuam I should add that @npub12zl…dtgm and Jon Marcus have written an article on this phenomenon (and are working on a book) called Vigilante Federalism. You can listen to David discuss on SideBar.
https://legaltalknetwork.com/podcasts/sidebar/2022/12/vigilante-federalism-with-david-noll/

2023-09-01 13:23:45

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@npub19vl…nuam It’s an interesting puzzle. The one case brought under SB8 was ultimately dismissed so it hasn’t been tested yet. It is highly unusual for a state to engineer a private enforcement regime only to avoid federal constitutional review. Texas prohibited public enforcement so that abortion providers could not challenge enforcement of the law by a government official.
But the fear of a $10K bounty serves its purpose. Abortions dropped by 60% before Roe was overturned.

2023-09-01 12:34:57

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@npub12yy…9e3j You are right, the are trying to do an end run around the federal constitution because it requires “state action” to trigger it. It also pits citizen against citizen, neighbor against neighbor. @npub12zl…dtgm spoke SideBar about this phenomenon - he called it vigilante federalism.
https://legaltalknetwork.com/podcasts/sidebar/2022/12/vigilante-federalism-with-david-noll/

2023-09-01 12:29:10

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 12:48:57

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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

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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

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@npub1nyg…r8cv Same. :(

2023-08-30 12:25:11

The UNC Daily Tarheel front page of its print edition is just text messages between students and families during the lockdown. Powerful.
#media #highered #education #USpolitics #politics #guns
https://s3.amazonaws.com/snwceomedia/dth/a05ac798-5a0a-468c-b74d-4db0a2a8b559.original.pdf
https://cdn.masto.host/awscommunitysocial/media_attachments/files/110/978/550/219/914/229/original/ef763aaaa4873a6e.png

2023-08-29 12:52:56

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

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 13:41:54

It is the 60th anniversary of #MLK’s “I Have a Dream Speech” and it feels like we are farther away from that dream then at the 50th anniversary. @npub1xt3…n757 places today within historical context and provides a path forward. His book The Third Reconstruction: America’s Struggle for Racial Justice in the 21st Century is a must-read.
#blackmastodon #race #equality #reconstruction
https://legaltalknetwork.com/podcasts/sidebar/2023/07/has-america-abandoned-the-promise-of-a-multi-racial-democracy-with-dr-peniel-joseph/

2023-08-27 16:59:38

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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

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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

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

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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

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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

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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

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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

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

2023-08-27 00:21:17

On Women’s Equality Day, I thought I would share my conversation with Professor @npub1x2a…26px, Fordham Law, about her book After Misogyny: How the Law Fails Women and What to Do About It. She had a line her book that has stuck with me. “Other countries have social safety nets, the United States has women.”
Take a listen and tell me what you think.
#lawprofs #law #lawfedi #women #equality #democracy
https://legaltalknetwork.com/podcasts/sidebar/2023/08/why-do-we-still-fail-to-respect-women-under-the-constitution-with-julie-suk/

2023-08-26 14:14:12

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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

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

2023-08-26 14:06:17

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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

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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

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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.