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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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    1. 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?
      16 replies 20 retweets 40 likes
    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
      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.

      12:56 PM - 27 Jun 2018
      • 2 Likes
      • Ethan
      2 replies 0 retweets 2 likes
        1. New conversation
        2. 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
        3. 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
        4. 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
        5. End of conversation
        1. Joshua Matz‏ @JoshuaMatz8 Jun 27
          Replying to @DavidLat @Ethankam18

          But see this analysis, which suggests we may not actually know what the Chief did or didn't do in Pavan.https://takecareblog.com/blog/no-the-chief-justice-did-not-just-embrace-obergefell …

          0 replies 0 retweets 2 likes
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