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Profepps's profile
Professor Garrett Epps
Professor Garrett Epps
Professor Garrett Epps
@Profepps

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Professor Garrett Epps

@Profepps

Constitutional scholar, Professor of Law Emeritus, University of Baltimore. Legal editor, THE WASHINGTON MONTHLY. Novelist. He, him, what's-his-name.

The Great Northwest
washingtonmonthly.com/people/garrett…
Joined April 2010

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    Professor Garrett Epps‏ @Profepps 26 Apr 2020

    I am absolutely haunted by this exchange between Justice Breyer and Michael Carvin, movement conservative superlawyer, during the Affordable Care Act case. Congress has no power to enact measures to control epidemics. Yes, you read that right.pic.twitter.com/u9DINlmnum

    2:02 PM - 26 Apr 2020
    • 125 Retweets
    • 241 Likes
    • Ivery5000👠👠 Straight No Chaser News 🎙️ patrick condidorio Krystal Porter manyblinkinglights Julie Bahret Cynthia S. Skye zenosAnalytic Lauren Shaun S. Rogers
    17 replies 125 retweets 241 likes
      1. New conversation
      2. Amistad Shanks 🌹 ✡ 🌈‏ @AmistadShanks 26 Apr 2020
        Replying to @Profepps

        Conservative lawyers have been arguing for decades that "promote the general welfare" is merely hortatory, and the entire welfare state is unconstitutional.

        2 replies 3 retweets 17 likes
      3. John Panzer‏ @jpanzer 26 Apr 2020
        Replying to @AmistadShanks @Profepps

        They’re awfully selective in their originalist reading.

        0 replies 0 retweets 12 likes
      4. End of conversation
      1. New conversation
      2. d will‏ @DwilloCa 26 Apr 2020
        Replying to @Profepps

        One thing I wonder, since ( I think) this is an attack on the scope of the Commerce Clause, what would happen with a court perfectly happy apparently to engage in judicial rule by 5/4, if an active government party had the presidency and solid majorities in Congress. 30s redux?

        1 reply 0 retweets 3 likes
      3. Professor Garrett Epps‏ @Profepps 26 Apr 2020
        Replying to @DwilloCa

        Yes it was an attack on the Commerce Power and it depends on which party is in power. Sorry to be cynical but it does.

        1 reply 0 retweets 3 likes
      4. Show replies
      1. New conversation
      2. Mike Sacks‏Verified account @MikeSacksEsq 26 Apr 2020
        Replying to @Profepps

        Mike Sacks Retweeted Mike Sacks

        Mmhmmhttps://twitter.com/MikeSacksEsq/status/1237039651191435273?s=20 …

        Mike Sacks added,

        Mike SacksVerified account @MikeSacksEsq
        Hey remember when Justice Breyer asked a star member of the conservative legal bar whether the federal government could mandate vaccinations during an outbreak that could sicken half the country's population, and that lawyer said, "nope, sorry"? I do: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2011/11-398-Tuesday.pdf …
        Show this thread
        1 reply 5 retweets 8 likes
      3. D.E.‏ @tkdylan 26 Apr 2020
        Replying to @MikeSacksEsq @Profepps

        I would very sincerely hope that the Federal government does not have such power.pic.twitter.com/w7XaYyk3Ap

        0 replies 0 retweets 8 likes
      4. End of conversation
      1. New conversation
      2. Alan Chen‏ @profalankchen 26 Apr 2020
        Replying to @Profepps

        An epidemic is not the sale or transportation of goods, sir! #formalism

        1 reply 0 retweets 3 likes
      3. Professor Garrett Epps‏ @Profepps 26 Apr 2020
        Replying to @profalankchen

        "Sir"?

        1 reply 0 retweets 2 likes
      4. Show replies
      1. Kenneth Jost‏ @jostonjustice 26 Apr 2020
        Replying to @Profepps

        Shaking my head .....

        0 replies 0 retweets 1 like
        Thanks. Twitter will use this to make your timeline better. Undo
        Undo
      1. New conversation
      2. Warren Terra‏ @warren__terra 26 Apr 2020
        Replying to @Profepps @LemieuxLGM

        I'm not a lawyer, but I think if Congress can pass federal laws about something as dangerous as marijuana, its power might stretch to responding to a transmissible disease that actually kills people. And you can't have interstate commerce if people are dying of a plague.

        1 reply 1 retweet 21 likes
      3.  🍽historyannotated 👩🏻‍🏫‏ @penofrage 27 Apr 2020
        Replying to @warren__terra @Profepps @LemieuxLGM

        Commerce clause, equal protection clause, there’s another one I can’t think of . . . They can get it under something if they want it

        0 replies 0 retweets 4 likes
      4. End of conversation

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