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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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    David Lat‏Verified account @DavidLat Sep 6

    David Lat Retweeted Chris Geidner

    My reading of this (based on both Judge Kavanaugh's content & tone): he has no desire to revisit gay marriage, and he's happy to let Obergefell stand (even if he can't say so outright tonight). #SCOTUS #KavanaughHearingshttps://twitter.com/chrisgeidner/status/1037838651651235842 …

    David Lat added,

    Chris GeidnerVerified account @chrisgeidner
    Harris raises Kennedy's legacy on LGBT rights, and specifically the Obergefell majority opinion — asking whether it was correctly decided. Kavanaugh pivots to Masterpiece Cakeshop: "The days of discriminating against gay and lesbian Americans are over," he says he paraphrases.
    Show this thread
    6:08 PM - 6 Sep 2018
    • 9 Retweets
    • 12 Likes
    • Chris Holtz Kolbe Conger Jane Genova BrucePeterBobby Liam Elliott Richard M. Re Colin S. Levy Timothy Craig Allen
    10 replies 9 retweets 12 likes
      1. New conversation
      2. JP Schnapper-Casteras‏Verified account @jpscasteras Sep 7
        Replying to @DavidLat

        Intriguing. Are you inferring some of this from his opening statement on Kennedy’s “legacy of liberty.” Those seemed like choice words (also not mentioning “dignity, contra AMK’s ‘87 hearings)

        1 reply 0 retweets 1 like
      3. David Lat‏Verified account @DavidLat Sep 7
        Replying to @jpscasteras

        I actually hadn't thought about that, but you're right -- his opening statement reinforces my view. If I wanted Obergefell to be overruled (I do not), I wouldn't be happy about the tenor of Kavanaugh's testimony.

        1 reply 0 retweets 1 like
      4. JP Schnapper-Casteras‏Verified account @jpscasteras Sep 7
        Replying to @DavidLat

        I hear you. I think you could also read it the other way — Kavanaugh has pointedly not mentioned dignity or Kennedy’s approach to constitutional interpretation/advocacy

        1 reply 0 retweets 1 like
      5. David Lat‏Verified account @DavidLat Sep 7
        Replying to @jpscasteras

        Ha, true -- I viewed your mention of liberty as about freedom to marry, but it could also be about religious liberty. I'm not surprised by his not mentioning "dignity," though; I think that's tied to a more freewheeling approach he wouldn't follow.

        0 replies 0 retweets 1 like
      6. End of conversation
      1. New conversation
      2. David Badash‏ @davidbadash Sep 7
        Replying to @DavidLat

        With respect, I couldn't disagree more. His focus on Masterpiece – even including it in the list of cases – is telling.

        1 reply 0 retweets 1 like
      3. David Lat‏Verified account @DavidLat Sep 7
        Replying to @davidbadash

        Fair enough; time will tell (assuming he's confirmed). My prediction is that we'll see a few more #SCOTUS rulings in favor of religious liberty claims, but nothing more than that.

        1 reply 0 retweets 0 likes
      4. David Badash‏ @davidbadash Sep 7
        Replying to @DavidLat

        Thanks. I appreciate your response. Maybe someday we can have a chat about religious liberty also :-)

        0 replies 0 retweets 1 like
      5. End of conversation
      1. New conversation
      2. Eric Lesh‏ @EDLesh Sep 6
        Replying to @DavidLat

        Tone?

        1 reply 0 retweets 1 like
      3. Eric Lesh‏ @EDLesh Sep 6
        Replying to @EDLesh @DavidLat

        He sounded like what? Nice? Roberts is nice. It didn’t stop him from saying to loving couples that the constitution have nothing to do with their right to marry.

        1 reply 0 retweets 4 likes
      4. 1 more reply
      1. Navid‏ @NYCNavid Sep 6
        Replying to @DavidLat

        My reading is that Kavanaugh would even join the per curiam opinion in Pavan v. Smith-- not Gorsuch's dissent. He doesn't have "owning the libz" attitude as Gorsuch.

        0 replies 0 retweets 1 like
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      1. HumphreyBohun‏ @HumphreyBohun Sep 6
        Replying to @DavidLat

        Just as a matter of precedent analysis, the reliance interest in Obergefell, in contrast to Roe/Casey, completely prohibitive.

        0 replies 0 retweets 1 like
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      1. Douglas Lukasik‏ @DouglasLukasik Sep 6
        Replying to @DavidLat

        As I’ve said since Kennedy retired, Roe is in trouble; Obergfell (which stands on far firmer Con grounds) is not.

        0 replies 0 retweets 0 likes
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      1. Jane Genova‏ @Genova_Jane Sep 6
        Replying to @DavidLat

        So, you will be allowed to continue to remain married.

        0 replies 0 retweets 0 likes
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      1. Jack Harrison‏ @jbh502 Sep 6
        Replying to @DavidLat

        That’s a lot of wishful reading into nothing. That would not be my reading at all of either content or tone.

        0 replies 0 retweets 0 likes
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      1. Stuart Shiffman‏ @Chisox48 Sep 6
        Replying to @DavidLat

        The court is simply stuck with same gender marriage. What can they do, void the marriages in place?

        0 replies 0 retweets 0 likes
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      1. Mark Noonan‏ @Mark_E_Noonan Sep 6
        Replying to @DavidLat

        I can’t see the Court ever revisiting the SSM issue but I can see some eventual strong carve outs for private companies on free exercise grounds.

        0 replies 0 retweets 0 likes
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