Skip to content
By using Twitter’s services you agree to our Cookies Use. We and our partners operate globally and use cookies, including for analytics, personalisation, and ads.
  • Home Home Home, current page.
  • Moments Moments Moments, current page.

Saved searches

  • Remove
  • In this conversation
    Verified accountProtected Tweets @
Suggested users
  • Verified accountProtected Tweets @
  • Verified accountProtected Tweets @
  • Language: English
    • Bahasa Indonesia
    • Bahasa Melayu
    • Català
    • Čeština
    • Dansk
    • Deutsch
    • English UK
    • Español
    • Filipino
    • Français
    • Hrvatski
    • Italiano
    • Magyar
    • Nederlands
    • Norsk
    • Polski
    • Português
    • Română
    • Slovenčina
    • Suomi
    • Svenska
    • Tiếng Việt
    • Türkçe
    • Ελληνικά
    • Български език
    • Русский
    • Српски
    • Українська мова
    • עִבְרִית
    • العربية
    • فارسی
    • मराठी
    • हिन्दी
    • বাংলা
    • ગુજરાતી
    • தமிழ்
    • ಕನ್ನಡ
    • ภาษาไทย
    • 한국어
    • 日本語
    • 简体中文
    • 繁體中文
  • Have an account? Log in
    Have an account?
    · Forgot password?

    New to Twitter?
    Sign up
DavidLat's profile
David Lat
David Lat
David Lat
Verified account
@DavidLat

Tweets

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

Tweets

  • © 2018 Twitter
  • About
  • Help Center
  • Terms
  • Privacy policy
  • Cookies
  • Ads info
Dismiss
Previous
Next

Go to a person's profile

Saved searches

  • Remove
  • In this conversation
    Verified accountProtected Tweets @
Suggested users
  • Verified accountProtected Tweets @
  • Verified accountProtected Tweets @

Promote this Tweet

Block

  • Tweet with a location

    You can add location information to your Tweets, such as your city or precise location, from the web and via third-party applications. You always have the option to delete your Tweet location history. Learn more

    Your lists

    Create a new list


    Under 100 characters, optional

    Privacy

    Copy link to Tweet

    Embed this Tweet

    Embed this Video

    Add this Tweet to your website by copying the code below. Learn more

    Add this video to your website by copying the code below. Learn more

    Hmm, there was a problem reaching the server.

    By embedding Twitter content in your website or app, you are agreeing to the Twitter Developer Agreement and Developer Policy.

    Preview

    Why you're seeing this ad

    Log in to Twitter

    · Forgot password?
    Don't have an account? Sign up »

    Sign up for Twitter

    Not on Twitter? Sign up, tune into the things you care about, and get updates as they happen.

    Sign up
    Have an account? Log in »

    Two-way (sending and receiving) short codes:

    Country Code For customers of
    United States 40404 (any)
    Canada 21212 (any)
    United Kingdom 86444 Vodafone, Orange, 3, O2
    Brazil 40404 Nextel, TIM
    Haiti 40404 Digicel, Voila
    Ireland 51210 Vodafone, O2
    India 53000 Bharti Airtel, Videocon, Reliance
    Indonesia 89887 AXIS, 3, Telkomsel, Indosat, XL Axiata
    Italy 4880804 Wind
    3424486444 Vodafone
    » See SMS short codes for other countries

    Confirmation

     

    Welcome home!

    This timeline is where you’ll spend most of your time, getting instant updates about what matters to you.

    Tweets not working for you?

    Hover over the profile pic and click the Following button to unfollow any account.

    Say a lot with a little

    When you see a Tweet you love, tap the heart — it lets the person who wrote it know you shared the love.

    Spread the word

    The fastest way to share someone else’s Tweet with your followers is with a Retweet. Tap the icon to send it instantly.

    Join the conversation

    Add your thoughts about any Tweet with a Reply. Find a topic you’re passionate about, and jump right in.

    Learn the latest

    Get instant insight into what people are talking about now.

    Get more of what you love

    Follow more accounts to get instant updates about topics you care about.

    Find what's happening

    See the latest conversations about any topic instantly.

    Never miss a Moment

    Catch up instantly on the best stories happening as they unfold.

    1. David Lat‏Verified account @DavidLat Sep 19

      David Lat Retweeted Tony Mauro

      As @TonyMauro notes, "No ironclad rule prohibits a new justice from voting on a case that was argued before he or she joined [#SCOTUS], but the long-standing tradition is that the tie would stand or the case would be reargued when a ninth justice arrives."https://twitter.com/Tonymauro/status/1042472834155589632 …

      David Lat added,

      Tony Mauro @Tonymauro
      Get Ready for an 8-Justice #SCOTUS as Kavanaugh Controversy Persists https://at.law.com/efULhw?cmp=share_twitter … via @TheNLJ
      1 reply 3 retweets 6 likes
      Show this thread
      David Lat‏Verified account @DavidLat Sep 19

      This has always struck me as odd given how little oral argument matters as to case outcome (esp. at #SCOTUS) & how some circuits (e.g., CA9) let judge added to a panel post-argument participate in case after listening to recording of arg. #appellatetwitter

      11:43 AM - 19 Sep 2018
      • 1 Retweet
      • 8 Likes
      • DeepakThkuriya ♡♥♡ Evan Cornish ♡♥♡ Ira Goldman 🦆🦆🦆 Joseph V. Moreno Zac Morgan Andy Wang EmanatingPenumbra Cloudydays16
      8 replies 1 retweet 8 likes
        1. New conversation
        2. Ira Goldman  🦆 🦆 🦆‏ @KDbyProxy Sep 19
          Replying to @DavidLat

          That Reinhardt case isn't being re-argued?

          1 reply 0 retweets 0 likes
        3. David Lat‏Verified account @DavidLat Sep 19
          Replying to @KDbyProxy

          That particular case is - see, e.g., this post by @EdWhelanEPPC (https://www.nationalreview.com/bench-memos/reinhardt-no-longer-votes-from-the-grave/ …) - but in many other cases (w/unanimous panels), no reargument has been held.

          2 replies 0 retweets 1 like
        4. Ira Goldman  🦆 🦆 🦆‏ @KDbyProxy Sep 19
          Replying to @DavidLat @EdWhelanEPPC

          Ah. Thanks.

          0 replies 0 retweets 0 likes
        5. End of conversation
        1. JP Schnapper-Casteras‏Verified account @jpscasteras Sep 19
          Replying to @DavidLat

          I wonder if changing that tradition amid the current context would be worth it, though. Is reargument burdensome, especially with the historically light(ish) caseload?

          0 replies 1 retweet 1 like
          Thanks. Twitter will use this to make your timeline better. Undo
          Undo
        1. Laura K. Donohue‏ @Laura_K_Donohue Sep 21
          Replying to @DavidLat

          And yet: Katz (subsequent objective/subjective reasonableness test solely derived from oral argument).

          0 replies 0 retweets 1 like
          Thanks. Twitter will use this to make your timeline better. Undo
          Undo
        1. Firearms Policy‏ @gunpolicy Sep 19
          Replying to @DavidLat

          Indeed. We had case at CA9 where a judge was added to the panel post-oral args after Judge Reinhardt passed.

          0 replies 0 retweets 1 like
          Thanks. Twitter will use this to make your timeline better. Undo
          Undo
        1. Daniel Hart‏ @DanielH18584612 Sep 25
          Replying to @DavidLat

          Best self-loathing column: "Stay In That Closet" October 31, 1995. You didn't take your own haughty, malicious advice.

          0 replies 0 retweets 0 likes
          Thanks. Twitter will use this to make your timeline better. Undo
          Undo
        1. Daniel Hart‏ @DanielH18584612 Sep 25
          Replying to @DavidLat

          Reading through your anti-gay columns in the Crimson, justifying discrimination, calling homophobia "rational" and defending a poster equating gay sex with death. You really should be ashamed of yourself.

          0 replies 0 retweets 0 likes
          Thanks. Twitter will use this to make your timeline better. Undo
          Undo
        1. ♡ ♥♡ Evan Cornish ♡ ♥♡‏ @tredcarefully Sep 20
          Replying to @DavidLat

          Didn’t Citizens United turn on a misstep by the DOJ attorney at oral argument?

          0 replies 0 retweets 0 likes
          Thanks. Twitter will use this to make your timeline better. Undo
          Undo
        1. Publius‏ @TheFoyeEffect Sep 19
          Replying to @DavidLat

          Or the late Judges Pregerson and Reinhardt joining opinions from the grave.

          0 replies 0 retweets 0 likes
          Thanks. Twitter will use this to make your timeline better. Undo
          Undo

      Loading seems to be taking a while.

      Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.

        Promoted Tweet

        false

        • © 2018 Twitter
        • About
        • Help Center
        • Terms
        • Privacy policy
        • Cookies
        • Ads info