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DavidLat's profile
David Lat
David Lat
David Lat
Verified account
@DavidLat

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David LatVerified account

@DavidLat

Lawyer turned writer, editor, and speaker. Founder, Above The Law (@ATLblog) and Underneath Their Robes. Author, Supreme Ambitions: A Novel (@SCOTUSambitions).

New York, NY
bit.ly/DavidLat
Joined April 2008

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    David Lat‏Verified account @DavidLat Jun 27

    David Lat Retweeted Ariel Kapoano

    I don’t think Roe v. Wade is going anywhere; Chief Justice Roberts prefers avoiding interbranch galactic warfare to advancing conservative ideology (see, e.g., NFIB aka #Obamacare). Also, he doesn’t overturn precedent lightly. #SCOTUShttps://twitter.com/akapoano/status/1012059710265151489 …

    David Lat added,

    Ariel Kapoano @akapoano
    Replying to @DavidLat
    What about Roberts and Roe v. Wade? And what are the practical implications of overturning it? Eg, decision overturns it, Congress passes federal abortion ban - then what?
    12:49 PM - 27 Jun 2018
    • 20 Retweets
    • 40 Likes
    • Reyzan Shali, MD William Nee Michael Sinclair Gil Gunderson BillInAChinaSchlep - Alan Mygatt-Tauber ZJ JackWarran
    16 replies 20 retweets 40 likes
      1. New conversation
      2. Ethan‏ @Ethankam18 Jun 27
        Replying to @DavidLat

        I think Obergafell was the only dissent he’s read from the bench.

        1 reply 0 retweets 0 likes
      3. David Lat‏Verified account @DavidLat Jun 27
        Replying to @Ethankam18

        But then note what he did (or didn’t do) in Pavan. Conservatives hate him for this, but Roberts isn’t particularly “brave” when advancing conservative ideology in the face of public opposition/condemnation; again, see NFIB.

        2 replies 0 retweets 2 likes
      4. Ethan‏ @Ethankam18 Jun 27
        Replying to @DavidLat

        I thought the consensus was we have no idea if he joined the majority in Parvan because they don’t have to join either majority or dissent on summary reversal ? cc @JoshuaMatz8

        1 reply 0 retweets 2 likes
      5. David Lat‏Verified account @DavidLat Jun 27
        Replying to @Ethankam18 @JoshuaMatz8

        Yes, you’re right - but he didn’t put his name on the Gorsuch opinion, which says something to me.

        1 reply 0 retweets 1 like
      6. Ethan‏ @Ethankam18 Jun 27
        Replying to @DavidLat @JoshuaMatz8

        I guess I can’t fault you for searching out a silver lining, but I’m far less optimistic. Seems more likely he was just saving his fire for a full opinion in a case he could win.

        0 replies 0 retweets 3 likes
      7. End of conversation
      1. New conversation
      2. Steve Shevorski‏ @sshevorski Jun 27
        Replying to @DavidLat

        Garcia v San Antonio Transit Auth., however, is probably done

        1 reply 0 retweets 1 like
      3. David Lat‏Verified account @DavidLat Jun 27
        Replying to @sshevorski

        Quite possibly - but in fairness, #scotus has been flip flopping for years in that area.

        0 replies 0 retweets 0 likes
      4. End of conversation
      1. New conversation
      2. Maggie Wittlin‏ @maggiewittlin Jun 27
        Replying to @DavidLat

        I disagree -- I think there's a good chance they'll overrule it. Would this be interbranch warfare? Obamacare was a federal law; these would be state laws.

        1 reply 0 retweets 1 like
      3. David Lat‏Verified account @DavidLat Jun 27
        Replying to @maggiewittlin

        Fair enough; I think a better noun would have been (excuse my French) “epic s#%t storm.” ;-) #scotus

        1 reply 0 retweets 1 like
      4. Maggie Wittlin‏ @maggiewittlin Jun 27
        Replying to @DavidLat

        Ha, fair. But if there are four votes to grant cert, I don't think he would vote to strike down a state law on the basis of Roe. I could see him voting to deny cert, but once the case is before him, I think he'll vote to overrule.

        0 replies 0 retweets 3 likes
      5. End of conversation
      1. New conversation
      2. Steve Scarborough‏ @GAcrimappeals Jun 27
        Replying to @DavidLat

        Seems like wishful thinking.

        1 reply 0 retweets 0 likes
      3. David Lat‏Verified account @DavidLat Jun 27
        Replying to @GAcrimappeals

        Happy to make a friendly wager on this for, say, five years from now. Yes, more abortion restrictions will be upheld, but as a formal, doctrinal matter, Roe isn’t getting overruled.

        0 replies 0 retweets 0 likes
      4. End of conversation
      1. New conversation
      2. Mike Dunford‏ @questauthority Jun 27
        Replying to @DavidLat

        You're literally writing this the same day that Roberts was part of the majority that voted, in a massive advance for conservative ideology, to overrule Abood.

        1 reply 0 retweets 2 likes
      3. David Lat‏Verified account @DavidLat Jun 27
        Replying to @questauthority

        You can’t compare Abood, which is #scotus / #AppellateTwitter inside baseball, with Roe, which is a household name.

        1 reply 0 retweets 0 likes
      4. Mike Dunford‏ @questauthority Jun 27
        Replying to @DavidLat

        The case wasn't a household name, but the union protections thing got a lot of play. He's clearly been dodging 2nd Amendment cases, and NFIB was a very nuanced decision, but I don't see him walking away from a chance to overrule Roe.

        0 replies 0 retweets 1 like
      5. End of conversation
      1. New conversation
      2. MootQuestion‏ @MootQuestion Jun 27
        Replying to @DavidLat

        Abood? The entire line of commercial speech first amendment jurisprudence? Seriously?

        1 reply 0 retweets 0 likes
      3. David Lat‏Verified account @DavidLat Jun 27
        Replying to @MootQuestion

        Roe is gigantic compared to Abood - much older, more reliance interest, more political fallout for #scotus.

        2 replies 0 retweets 0 likes
      4. Ethan‏ @Ethankam18 Jun 27
        Replying to @DavidLat @MootQuestion

        About the same age actually and older than Casey

        0 replies 0 retweets 1 like
      5. End of conversation
      1. New conversation
      2. Ariel Kapoano‏ @akapoano Jun 27
        Replying to @DavidLat

        That’s reassuring, but let’s play the hypothetical - it’s been awhile since I took Con Law @nyulaw! What are the federalism implications for a state like NY/NJ that wants to protect abortion rights should Roe be overturned and Congress follows with sweeping restrictions?

        1 reply 0 retweets 0 likes
      3. David Lat‏Verified account @DavidLat Jun 27
        Replying to @akapoano @nyulaw

        Again, I don’t a congressional ban is coming - and then there would be federalism concerns re: stopping blue states from having liberal abortion regimes.

        1 reply 0 retweets 0 likes
      4. Sara Straw  🌐‏ @Oneoneder Jun 27
        Replying to @DavidLat @akapoano @nyulaw

        Lol, federalism concerns. That’s cute. Naive, but cute.

        0 replies 0 retweets 0 likes
      5. End of conversation

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