2/ J. Kennedy's decision to preserve Bivens, but go no further, reminds me of his discussion of stare decisis in Planned Parenthood v. Caseypic.twitter.com/QnBY5F6Fvw
Legal Editor, @BuzzFeedNews. SCOTUS Correspondent. Nat Sec Team, covering Trump & Mueller. Sober. Gay. Buckeye. Law Dork. DMs open. chris.geidner@buzzfeed.com
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2/ J. Kennedy's decision to preserve Bivens, but go no further, reminds me of his discussion of stare decisis in Planned Parenthood v. Caseypic.twitter.com/QnBY5F6Fvw
3/ The lower courts are going to have a field day deciding whether some new case "is different in a meaningful way" from an old #SCOTUS casepic.twitter.com/y8qACcLAfy
4/ The Chief, CT, Alito must have really held their nose joining this opinion. AMK's opinion here has as much rigor as his "Dignity" opuses
5/ And, in a hint (?) toward Trump litigation, AMK cites Clinton v. Jones to highlight impact of discovery and litigation on deliberationspic.twitter.com/yGgz4oiUm8
6/ AMK also cites the costs imposed by "inquiry into sensitive issues of national security" to disfavor extending Bivens. Travel ban link?pic.twitter.com/c0kJQpwjXB
7/ In next graf AMK explains that these concerns are highlighted when seeking damages, rather than injunctive relief. Always both ways w AMKpic.twitter.com/W5CjfkapL7
8/ AMK cites Hamdi and Boumedienne, bc national security is not "Talisman." Did JGR, CT, and SA don paper bags for their fourth vote?pic.twitter.com/yTl1zFfKgj
9/ AMK does interest balancing between "deterring constitutional violations" and "protect[ing the Nation in times of great peril."pic.twitter.com/hJmYEBNjh6
10/ I was being facetious before when I compared Ziglar to Kennedy's "dignity opuses." See penultimate page.pic.twitter.com/emtAuUOLQL
11/ J. Thomas candid reason for joining majority--to create a "controlling judgment" bc "closest to my preferred approach."pic.twitter.com/e9HAQIcZ3l
I thought that was really ... direct.
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