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rickhasen's profile
Rick Hasen
Rick Hasen
Rick Hasen
Verified account
@rickhasen

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Rick HasenVerified account

@rickhasen

Professor of Law and Political Science at UC Irvine; Election Law Blogger. Author #JusticeofContradictions coming March 2018 http://amzn.to/2CoWbzx 

Studio City, California
electionlawblog.org
Joined June 2009

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    Rick Hasen‏Verified account @rickhasen Jun 27

    Rick Hasen Retweeted Josh Kraushaar

    I'm going to disagree with @JeffreyToobin again, this time on Roe v. Wade. CJ Roberts is the new swing Justice, and he will do to abortion what he's doing to section 2 of the Voting Rights Act. Kill by 1000 cuts rather than overturn a precedent and create a lot of attention,https://twitter.com/HotlineJosh/status/1012033392806854656 …

    Rick Hasen added,

    Josh KraushaarVerified account @HotlineJosh
    .@rickhasen was spot-on (and Jeffrey Toobin, who interpreted Kennedy's rulings as a sign he was sticking around, was wrong) about Justice Kennedy.
    3:28 PM - 27 Jun 2018
    • 157 Retweets
    • 347 Likes
    • NoTrumpZone Chris Shenton ThisIsAName Anoni Mous francoviello rob John Coolidge Independent Thomas beta_user1
    32 replies 157 retweets 347 likes
      1. New conversation
      2. Jonathan H. Adler‏Verified account @jadler1969 Jun 27
        Replying to @rickhasen @JeffreyToobin

        I agree with @rickhasen on this, though I suspect we'd characterize Roberts' motivation and method differently

        2 replies 0 retweets 5 likes
      3. Rick Hasen‏Verified account @rickhasen Jun 27
        Replying to @jadler1969 @JeffreyToobin

        your suspicions would be correct.

        0 replies 0 retweets 2 likes
      4. End of conversation
      1. New conversation
      2. Mike Sacks‏Verified account @MikeSacksEsq Jun 27
        Replying to @rickhasen @JeffreyToobin

        Mike Sacks Retweeted Mike Sacks

        I should know better by now than to disagree with you, Rick, but YOLOhttps://twitter.com/mikesacksesq/status/1012095124237627392?s=21 …

        Mike Sacks added,

        Mike SacksVerified account @MikeSacksEsq
        But what about Roe, you ask? He won't possibly vote to outright reverse it, right? He's just gonna stealth overrule it, approve a bunch of restrictions, right? No. Roe's the white whale. He's gonna harpoon it with his own pen.
        Show this thread
        1 reply 0 retweets 0 likes
      3. Rick Hasen‏Verified account @rickhasen Jun 27
        Replying to @MikeSacksEsq @JeffreyToobin

        not going to matter much in practical effect

        1 reply 0 retweets 0 likes
      4. Mike Sacks‏Verified account @MikeSacksEsq Jun 27
        Replying to @rickhasen @JeffreyToobin

        Right, but I think this one transcends practicalities.

        0 replies 0 retweets 1 like
      5. End of conversation
      1. New conversation
      2. Don Moynihan‏Verified account @donmoyn Jun 27
        Replying to @rickhasen @JeffreyToobin

        Don Moynihan Retweeted Don Moynihan

        Agree that chipping away is the more likely strategy: less likely to motivate Dems at state level, but still can have large effects on goal of reducing abortionhttps://twitter.com/donmoyn/status/1012041777040297986 …

        Don Moynihan added,

        Don MoynihanVerified account @donmoyn
        Kennedy provided the 5th vote in Whole Women's Health case to block the use of undue burdens on women's right to access an abortion. States can chip away at Roe by reenacting those burdens in other forms, or can choose to pursue an all-out assault on the constitutionality of Roe.
        Show this thread
        1 reply 4 retweets 13 likes
      3. Don Moynihan‏Verified account @donmoyn Jun 27
        Replying to @donmoyn

        One way the court can reduce abortions is simply redefining how they decide what state restrictions count as an undue burden. In Whole Women's Health Breyer called for evidence about costs and benefits of restrictions. Future SCOTUS can undo that formulation in a couple of wayspic.twitter.com/bCWADCGzvJ

        1 reply 0 retweets 3 likes
      4. Don Moynihan‏Verified account @donmoyn Jun 27
        Replying to @donmoyn

        First, a future SCOTUS can simply defer to legislative reasoning about whether a burden is undue or not, ignoring actual evidence on this question. In effect, this has been the standard used when considering burdens in voting casespic.twitter.com/Q4l2byhlFu

        1 reply 2 retweets 3 likes
      5. Don Moynihan‏Verified account @donmoyn Jun 27
        Replying to @donmoyn

        Second, SCOTUS could do away with a balancing test between costs and benefits when considering burdens: if the law has any benefit, no need to consider costs on women. Sounds crazy, but this was effectively the position of Thomas in Whole Women's Healthpic.twitter.com/ji59chw1fu

        0 replies 2 retweets 3 likes
      6. End of conversation
      1. Jason George‏ @swimmercrat Jun 27
        Replying to @rickhasen @JeffreyToobin

        You mean, kind of what Kennedy and O'Connor had been doing to it for decades.

        0 replies 0 retweets 3 likes
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      1. Nick Harper‏ @nharpermn Jun 27
        Replying to @rickhasen @JeffreyToobin

        Not sure it even needs to be 1000s cuts. He’s smart enough not to chop of the head in a public spectacle, but he will quietly slit the jugular instead.

        0 replies 1 retweet 1 like
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      1. Nathan Richardson 🍂‏ @ndrichardson Jun 27
        Replying to @rickhasen @NormOrnstein @JeffreyToobin

        Add Chevron to the list of examples here.

        0 replies 0 retweets 2 likes
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      1.  🕊Scout  🦋‏ @about_scout Jun 27
        Replying to @rickhasen @JeffreyToobin

        Yep. Quietly and slowly slide the rights out from under their feet and they will never know it. Yank them out like a rug and everyone will trip and fall and screech in fury.

        0 replies 0 retweets 2 likes
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      1. Susan Hatch‏ @SusaMorgan Jun 27
        Replying to @rickhasen @JeffreyToobin

        They've already done that to a large degree -- the death by a thousand cuts.

        0 replies 0 retweets 2 likes
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      1. New conversation
      2. Joe Proctor‏ @EricB_noRakim Jun 27
        Replying to @rickhasen @JeffreyToobin

        lol if red states use the cuts to open up lacerations, is there really a difference? he knows the end result, he just doesn't want to take all the heat

        1 reply 0 retweets 1 like
      3. SNF‏ @Superninfreak Jun 27
        Replying to @EricB_noRakim @rickhasen @JeffreyToobin

        The difference is that going after it in a low profile way over multiple cases will avoid the massive public backlash that directly overturning R v. W would cause.

        1 reply 0 retweets 0 likes
      4. Joe Proctor‏ @EricB_noRakim Jun 27
        Replying to @Superninfreak @rickhasen @JeffreyToobin

        my point is there is no "low profile"...red states will take an inch and run a mile. if the rulings give the legislative green light, there is no functional difference from scotus making the call themselves.

        1 reply 0 retweets 0 likes
      5. SNF‏ @Superninfreak Jun 27
        Replying to @EricB_noRakim @rickhasen @JeffreyToobin

        I mean, abortion rights have already been decimated over the past decade. But that didn't create massive protests because there wasn't a single dramatic event.

        1 reply 0 retweets 1 like
      6. Joe Proctor‏ @EricB_noRakim Jun 27
        Replying to @Superninfreak @rickhasen @JeffreyToobin

        lol so if they've been decimated over the past decade, do you really think there's enough left to cut another sliver? or will the gop go for broke? i can give you a hint, but i think you know the answer(s).

        1 reply 0 retweets 0 likes
      7. SNF‏ @Superninfreak Jun 27
        Replying to @EricB_noRakim @rickhasen @JeffreyToobin

        I think it's possible the Supreme Court will use multiple cases to expand exceptions to Roe v. Wade until it effectively doesn't exist anymore. So abortion will get even more restricted than it already is, but there might not be a single dramatic ruling.

        1 reply 0 retweets 0 likes
      8. Joe Proctor‏ @EricB_noRakim Jun 27
        Replying to @Superninfreak @rickhasen @JeffreyToobin

        we'll certainly find out after this future pick gets rammed thru confirmation

        0 replies 0 retweets 0 likes
      9. End of conversation

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