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MikeSacksEsq's profile
Mike Sacks
Mike Sacks
Mike Sacks
Verified account
@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 Aug 3

    Mike Sacks Retweeted The Wall Street Journal

    Call it contingent departmentalism: Biden thinks SCOTUS will call it unconstitutional, but so long as he and his copartisans in good faith don’t think it is unconstitutional, then they can make SCOTUS definitively tell them otherwise and shift the political blame to the justiceshttps://twitter.com/WSJ/status/1422658987028361223 …

    Mike Sacks added,

    The Wall Street JournalVerified account @WSJ
    The Biden administration is set to announce a new eviction moratorium expected to target areas with high Covid infections, people familiar with the matter say https://on.wsj.com/3yzJb3S 
    2:44 PM - 3 Aug 2021
    • 52 Retweets
    • 208 Likes
    • Gustavo Munoz Jay’s a #LincolnVoter 🏴‍☠️ Grand Canyon Brimhall 🍞🌹 SPFhockeyfan, Esq. 🍁🍂 Lauren Tom Galante The Contrarian Antifarian Shannon Thompson Sierra Bravo
    20 replies 52 retweets 208 likes
      1. New conversation
      2. Mike Sacks‏Verified account @MikeSacksEsq Aug 3

        In a sense, we see this all the time on the pro-life side from the states: enacting clearly unconstitutional laws under current precedent in an effort to activate their political base and focus its ire at a specific institutional target. And it’s gonna pay off for that movement.

        1 reply 9 retweets 65 likes
        Show this thread
      3. Mike Sacks‏Verified account @MikeSacksEsq Aug 3

        Diff here is that there actually isn’t any SCOTUS precedent foreclosing Biden’s more targeted eviction ban. There’s just a shadow docket concurrence from one justice saying he would side next time with his four fellow conservatives in dissent. That’s a clear signal, but not law.

        2 replies 4 retweets 69 likes
        Show this thread
      4. Mike Sacks‏Verified account @MikeSacksEsq Aug 3

        Still, lower courts, like the White House, can count to five. They’ll block the new ban as soon as the first lawsuit reaches their courts, then the appeals courts won’t issue a stay, and neither will SCOTUS.

        1 reply 5 retweets 33 likes
        Show this thread
      5. Mike Sacks‏Verified account @MikeSacksEsq Aug 3

        And Dem judges at all levels will likely agree, blunting the force of any political punch Biden and Cong Dems hope to throw against SCOTUS, unless Dem judges all the way up blame their own decisions on the SCOTUS cons.

        2 replies 3 retweets 25 likes
        Show this thread
      6. Mike Sacks‏Verified account @MikeSacksEsq Aug 3

        Mike Sacks Retweeted Jonathan H. Adler

        Gah he’s right and I knew this but such are the dangers of tweeting federal legal analysis in between local political live hits. But the factual distinction is this case is without an analytical difference so whewhttps://twitter.com/jadler1969/status/1422688734282240001 …

        Mike Sacks added,

        Jonathan H. AdlerVerified account @jadler1969
        The issue is less one of constitutionality than of statutory authority. https://twitter.com/MikeSacksEsq/status/1422674884094791680 …
        2 replies 0 retweets 30 likes
        Show this thread
      7. End of conversation
      1. Louis R. Bridgeman‏ @LouisRBridgema3 Aug 3
        Replying to @MikeSacksEsq

        me likey.

        0 replies 1 retweet 3 likes
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      1. New conversation
      2. Em‏ @emm_257 Aug 3
        Replying to @MikeSacksEsq @MattGlassman312

        Yeah so this isn’t what he ran on and I don’t like it.

        1 reply 0 retweets 1 like
      3. KC Murphy‏ @klcmurphy Aug 3
        Replying to @emm_257 @MikeSacksEsq @MattGlassman312

        What didn't he run on?

        1 reply 0 retweets 0 likes
      4. Show replies
      1. California girl… ♥️‏ @SJWMomma Aug 3
        Replying to @MikeSacksEsq

        Me too…I likey 👍

        0 replies 0 retweets 1 like
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      1. Tanner Bouchie‏ @TannerBouchie Aug 3
        Replying to @MikeSacksEsq

        Not sure how anyone in good faith could believe that it is lawful... Article II, Section 3 of the Constitution requires the President to “take Care that the Laws be faithfully executed.”

        0 replies 0 retweets 3 likes
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