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MikeSacksEsq's profile
Mike Sacks
Mike Sacks
Mike Sacks
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@MikeSacksEsq

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Mike SacksVerified account

@MikeSacksEsq

Politics & Law @Fox5NY. Lapsed Lawyer. Serial self-retweeter. Retired competitive air guitarist. @SammSacks’s husband. mike.sacks@fox.com

New York, NY
fox5ny.com/inside-fox-5/f…
Joined November 2009

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    Mike Sacks‏Verified account @MikeSacksEsq 3 Oct 2020

    Mike Sacks Retweeted John Q. Barrett

    If Roberts, Thomas, Breyer all send a clear message not to proceed with the ACB nom—the way Hughes, Van Devanter, Brandeis publicly teamed up against FDR’s court packing plan—that may be enough to stop it. But I don’t think Thomas would sign on for that.https://twitter.com/JohnQBarrett/status/1312538444527210498 …

    Mike Sacks added,

    John Q. Barrett @JohnQBarrett
    Replying to @rickhasen
    If GOP loses WH & Senate, not sure enough, esp. retirings, stay on board. And if Kelly wins, sworn in late Nov., because special election. So less window. And public outrage over confirming becomes support for Court-packing. So Court right might get the word to Senate: don’t.
    4:46 PM - 3 Oct 2020
    • 19 Retweets
    • 94 Likes
    • Chris Miley XO electricladyland Michelle RightsOfWoman Will Czaplyski MiseryX ~This Machine Kills Fascists 📷 Elaine Taylor SpeakUp StandUp
    58 replies 19 retweets 94 likes
      1. New conversation
      2. Mike Sacks‏Verified account @MikeSacksEsq 3 Oct 2020

        (No this isn’t gonna happen. Not necessarily should it. And even if it did, no one would listen to Roberts or Breyer anyway. Only Thomas would have enough sway with McConnell et al to stop a lame duck SCOTUS confirmation. But as I said, he wouldn’t want or try to. Nor should he.)

        2 replies 2 retweets 22 likes
        Show this thread
      3. Mike Sacks‏Verified account @MikeSacksEsq 3 Oct 2020

        Oh jeez. Ok let’s do this...pic.twitter.com/isdjbise1x

        5 replies 60 retweets 288 likes
        Show this thread
      4. Mike Sacks‏Verified account @MikeSacksEsq 3 Oct 2020

        Mike Sacks Retweeted Mike Sacks

        (1) I am aware of the circumstances of John Marshall’s appointment, and a lame duck SCOTUS appointment this year would be made for the same reasonhttps://twitter.com/MikeSacksEsq/status/1011982425029738497 …

        Mike Sacks added,

        Mike SacksVerified account @MikeSacksEsq
        It's a play that goes back to John Adams packing the judiciary with Federalists as a bulwark against their political extinction after Jefferson's election. Chief Justice Marshall was, in effect, a political zombie chomping through Jefferson's (then Jackson's) vision for 30 years.
        Show this thread
        1 reply 7 retweets 46 likes
        Show this thread
      5. Mike Sacks‏Verified account @MikeSacksEsq 3 Oct 2020

        (2) Query what happened after the Federalists lame-ducked Marshall. JEFFERSON AND HIS PARTY, UPON TAKING POWER, RETALIATED BY CHANGING WITH THE SIZE OF THE SUPREME COURT AND ABOLISHING THE NEWLY CREATED CIRCUIT COURTS FILLED WITH FEDERALISTS

        3 replies 21 retweets 144 likes
        Show this thread
      6. Mike Sacks‏Verified account @MikeSacksEsq 3 Oct 2020

        Mike Sacks Retweeted Mike Sacks

        (3) Luckily for the Federalists, Marshall was a ninjahttps://twitter.com/MikeSacksEsq/status/1308795035023036416 …

        Mike Sacks added,

        Mike SacksVerified account @MikeSacksEsq
        Big difference is Marshall had the ninja moves to seize his generational power in an opinion giving Jefferson the short-term win. Roberts can be that wily, too (see, e.g., NFIB), to preserve his power, but he'll need another justice to go along...if Dems don't pack SCOTUS first.
        Show this thread
        1 reply 2 retweets 37 likes
        Show this thread
      7. Mike Sacks‏Verified account @MikeSacksEsq 3 Oct 2020

        (4) But there is no ninja on SCOTUS now for all sorts of reasons (no one dominant justice like Marshall was, 2021 politics not 1803 politics, etc), so a lame duck Republican Party’s best chance at keeping its conservative SCOTUS majority safe from retaliation is Intervention now.

        2 replies 4 retweets 39 likes
        Show this thread
      8. Mike Sacks‏Verified account @MikeSacksEsq 3 Oct 2020

        (5) so yes, Hughes/Van Devanter/Brandeis spoke out in 1937 to stop an actual court packing plan, which was retaliation for conservative judicial opposition to a political revolution. It worked, as did a swing justice’s capitulation.

        1 reply 4 retweets 29 likes
        Show this thread
      9. Mike Sacks‏Verified account @MikeSacksEsq 3 Oct 2020

        (6) but if a lame duck GOP Senate fills the RBG vacancy this year, Dems will pack the court to obviate ACB’s SCOTUS supermajority. Might be in the current 5-justice conservative majority’s (and the GOP’s interest) to stop that, even with Roberts’ occasional wobble.

        4 replies 8 retweets 46 likes
        Show this thread
      10. Mike Sacks‏Verified account @MikeSacksEsq 3 Oct 2020

        (7) in other words, there’s no functional difference between an effort from SCOTUS now to stop a lame duck confirmation so to prevent a Jeffersonian retaliatory strike, and the 1937 SCOTUS’s effort to stop a retaliatory pack effort in progress. In both cases, it’s pack-prevention

        1 reply 9 retweets 63 likes
        Show this thread
      11. Mike Sacks‏Verified account @MikeSacksEsq 3 Oct 2020

        Ok done. Goodnight.

        1 reply 3 retweets 55 likes
        Show this thread
      12. End of conversation

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