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DavidLat's profile
David Lat
David Lat
David Lat
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@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. H Bear‏ @Hammbear Jul 1

      H Bear Retweeted David Lat

      I like David, but this is shockingly obtuse. This ignores reality on the ground today (never mind tomorrow): “But Roe and the basic right to an abortion are safe.” On the economic equality/ rights protection: wage+hour claims effectively have no remedy now. 1/https://twitter.com/DavidLat/status/1012388718190252032 …

      H Bear added,

      David LatVerified account @DavidLat
      My preliminary thoughts on Justice Kennedy’s #SCOTUS retirement. One other point I meant to mention: don’t forget that AMK was a fundamentally conservative justice, a few high-profile rulings notwithstanding. http://bit.ly/2yR1cRb  - #AppellateTwitter
      1 reply 0 retweets 1 like
      Show this thread
    2. H Bear‏ @Hammbear Jul 1

      1a/ Carhart and Gonzales are bad examples here. As a factual matter the D&X procedures involved were comparatively rare. The supply side approach however is hugely effective, already rendering this “right” a nulity in many places.

      1 reply 0 retweets 1 like
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    3. H Bear‏ @Hammbear Jul 1

      Because Kennedy punted on Gerrymandering, this is a higher bar for one side than the other: “What about a state where a certain right isn’t protected? In that situation, citizens can persuade...their fellow citizens — that the right in question should be protected.” /fin

      1 reply 0 retweets 1 like
      Show this thread
    4. H Bear‏ @Hammbear Jul 1

      Not quite done: the kicker is downright insulting. No, the left hasn’t lost faith in the ballot box. But in a situation where control of the house can be maintained despite as much as 7 point popular vote loss, can you blame them if they did?

      1 reply 0 retweets 1 like
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      David Lat‏Verified account @DavidLat Jul 1
      Replying to @Hammbear

      All fair points. We'll have to check in five years from now (or however long you think it will take for bad things to happen) & see where things stand. I just think there's an equilibrium that prevents things from going too far in one direction or the other.

      5:09 PM - 1 Jul 2018
      • 1 Like
      • H Bear
      1 reply 0 retweets 1 like
        1. H Bear‏ @Hammbear Jul 1
          Replying to @DavidLat

          Agree. My kicker: you might be right.

          0 replies 0 retweets 1 like
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