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mjs_DC's profile
Mark Joseph Stern
Mark Joseph Stern
Mark Joseph Stern
Verified account
@mjs_DC

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Mark Joseph SternVerified account

@mjs_DC

Staff writer @Slate. Courts and the law. Do you have a link to the ruling?

Washington, DC
markjosephstern.com
Joined November 2009

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    1. Mark Joseph Stern‏Verified account @mjs_DC Aug 26

      Here's a link to the Supreme Court's unsigned 6–3 decision ending the CDC's eviction moratorium. All three liberals dissent. Breyer sounds despairing. https://www.justsecurity.org/wp-content/uploads/2021/08/21A23.pdf … courtesy of @steve_vladeckpic.twitter.com/DE1gmhv8tW

      111 replies 849 retweets 1,801 likes
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    2. Mark Joseph Stern‏Verified account @mjs_DC Aug 26

      Here is the heart of the majority's analysis: The CDC exercised a "sweeping power" that rested on the "wafer-thin reed" of a narrow statute. Although it's unsigned, I would guess that the majority opinion was written by Gorsuch. https://www.justsecurity.org/wp-content/uploads/2021/08/21A23.pdf …pic.twitter.com/9BJBwR7rp2

      20 replies 119 retweets 417 likes
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    3. Mark Joseph Stern‏Verified account @mjs_DC Aug 26

      Breyer is deeply worried that the Supreme Court just made the Delta wave significantly worse. https://www.supremecourt.gov/opinions/20pdf/21a23_ap6c.pdf …pic.twitter.com/UR9sbuYNye

      38 replies 288 retweets 773 likes
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    4. Mark Joseph Stern‏Verified account @mjs_DC Aug 26

      Mark Joseph Stern Retweeted Steve Vladeck

      Rejecting Breyer's plea for full briefing and oral arguments, the six conservative justices plowed ahead with another massively consequential shadow docket decision that seriously disrupts both the law and the government's COVID response.https://twitter.com/steve_vladeck/status/1431067974518063105 …

      Mark Joseph Stern added,

      Steve VladeckVerified account @steve_vladeck
      Tonight's #SCOTUS ruling nixing the CDC eviction moratorium is the 19th different ruling on the "shadow docket" so far this Term that disrupts the status quo compared to what was true before; and the 21st from which all three Democratic appointees were the only public dissenters: pic.twitter.com/pwhPCUAlSl
      34 replies 609 retweets 1,139 likes
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    5. Mark Joseph Stern‏Verified account @mjs_DC Aug 26

      When the Supreme Court issues major shadow docket decisions like this it is not acting like a court. The shadow docket is for rare, true emergencies. SCOTUS abuses it to issue unsigned opinions in blockbuster cases at 10 pm. It's rule by raw judicial power, not reasoned judgment.

      83 replies 1,434 retweets 3,989 likes
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    6. Mark Joseph Stern‏Verified account @mjs_DC Aug 26

      It's frustrating that debates about shadow docket orders sound exactly like debates about regular Supreme Court opinions. The point—the problem—is that the court's own rules do not allow it to govern the nation through emergency decrees *even if* one party has the stronger claim.

      15 replies 235 retweets 1,130 likes
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      Mark Joseph Stern‏Verified account @mjs_DC Aug 26

      The Supreme Court's conservative majority has so thoroughly ripped up the old rules that now it essentially treats shadow docket cases like normal cases ... except there were no oral arguments, no full briefing, just fly-by-night filings and a short, unsigned 10 p.m. order.

      6:58 PM - 26 Aug 2021
      • 930 Retweets
      • 2,512 Likes
      • Schwem 🌊paddletothesea🌊 yoga mom Joe Mitchell :) Slak909 Dominic Quintana Alex Eileen Welch ✍🏻
      168 replies 930 retweets 2,512 likes
        1. Mark Joseph Stern‏Verified account @mjs_DC Aug 26

          It doesn't much matter if you agree with the majority or the dissent on the merits of the eviction moratorium. The deeper problem is that the Supreme Court had no license to intervene with a definitive judgment at this stage. We need shadow docket reform.https://slate.com/news-and-politics/2021/02/supreme-court-shadow-docket-house-hearing.html …

          117 replies 790 retweets 2,394 likes
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        1. Chance‏ @chanceitup Aug 26
          Replying to @mjs_DC @chrislhayes

          They could easily do the right thing. Cruelty still seems to be the point.

          23 replies 0 retweets 2 likes
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        2. Danny Russell, CFA‏ @dannyrussell53 Aug 26
          Replying to @mjs_DC

          Didn’t Biden himself say publicly he thought this wouldn’t pass muster? Maybe save the outrage for a legitimate case?

          5 replies 0 retweets 202 likes
        3. Michael Hamilton‏ @EchoMichael73 Aug 26
          Replying to @dannyrussell53 @mjs_DC

          That doesn’t diminish the need to reform SCOTUS, particularly this shadow docket shadiness.

          11 replies 0 retweets 36 likes
        4. Show replies
        1. Misgivings #3‏ @lacunalingua_3 Aug 26
          Replying to @mjs_DC @chrislhayes

          This. They’re a bunch of fanatics

          3 replies 0 retweets 3 likes
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        1. Pantherchap(UTFootballApologist)‏ @Pantherchap2 Aug 26
          Replying to @mjs_DC @JJohnsonLaw

          You mean oligarchy and fascism?

          0 replies 0 retweets 1 like
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        2. syd‏ @SydneyCarton1 Aug 26
          Replying to @mjs_DC

          Well when Biden admitted it was illegal...

          1 reply 0 retweets 16 likes
        3. Bobbie Bees‏ @BobbieBees Aug 26
          Replying to @SydneyCarton1

          pic.twitter.com/ieAohf3pbB

          1 reply 0 retweets 1 like
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        2. SleepyT11  🐯‏ @T11Sleepy Aug 26
          Replying to @mjs_DC @chrislhayes

          A) the Court already held the CDC exceeded its authority B) Congress can fix this tomorrow, should it choose to. Do not think for a second that full briefing and argument would change a thing. Every lawyer in the USA knew this was coming. So did the Biden administration.

          4 replies 8 retweets 149 likes
        3. dialetheic bias‏ @biasbreakdown Aug 26
          Replying to @T11Sleepy @mjs_DC @chrislhayes

          Exactly. SCOTUS already ruled on this issue. In this case, the broken, obnoxious, unconstitutional, sleazy, brazen disregard came from the executive branch.

          2 replies 0 retweets 72 likes
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