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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 Jul 27

    Rick Hasen Retweeted Chris Walker

    Just because Judge Kavanaugh says as a lower court judge that an opinion is a Supreme Court precedent protected by "stare decisis" doesn't mean he wouldn't seriously consider overruling it as a Justice in a case, should someone make the argument that it should be overturned.https://twitter.com/chris_j_walker/status/1022841455847587840 …

    Rick Hasen added,

    Chris Walker @chris_j_walker
    Replying to @jedshug @rickhasen and 2 others
    Here's my take (which admittedly grew quite a bit this morning from the couple hundred words I left out of my @SCOTUSblog post 🤓): http://yalejreg.com/nc/would-a-justice-kavanaugh-overturn-humphreys-executor-and-declare-independent-agencies-unconstitutional/ …
    7:52 AM - 27 Jul 2018
    • 4 Retweets
    • 14 Likes
    • Madana Bhat-Khandige Elaine Rich David Gill Adil Haque kate glavan Evelyn Fielding Lopez Rüya Amelia Thomson-DeVeaux Dan Cotter
    2 replies 4 retweets 14 likes
      1. Jed Shugerman Vote 11/6‏ @jedshug Jul 27
        Replying to @rickhasen

        Exactly. That’s what I observed after Kavanaugh’s 12-page one-sided and unmistakable critique of independent agencies. And what would he do to undercut independent agencies without formally overturning them? This is a serious problem for Kavanaugh and his embrace of pres power.pic.twitter.com/bFh3hLG5Jc

        0 replies 6 retweets 5 likes
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      2. Chris Walker‏ @chris_j_walker Jul 27
        Replying to @rickhasen

        Yes, nearly anything is possible. I'm just reading the opinion, which is a concurrence where judges often encourage SCOTUS to reconsider issues. Here's what Kavanaugh says:

        1 reply 0 retweets 1 like
      3. Chris Walker‏ @chris_j_walker Jul 27
        Replying to @chris_j_walker @rickhasen

        "Humphrey’s Executor is an entrenched Supreme Court precedent, protected by stare decisis. The point of explaining its history and continuing repercussions here is not to suggest that the case should be overturned."

        1 reply 0 retweets 0 likes
      4. Chris Walker‏ @chris_j_walker Jul 27
        Replying to @chris_j_walker @rickhasen

        The DC Circuit obviously can't overturn Humphrey's Executor, so he's clearly spekaing to #SCOTUS and Congress. And what follows reinforces that:

        1 reply 0 retweets 1 like
      5. Chris Walker‏ @chris_j_walker Jul 27
        Replying to @chris_j_walker @rickhasen

        He says that Congress should perhaps be more vigilant in overseeing independent agencies and that the Supreme Court might want to embrace Justice Breyer's suggestions on courts should manage independent agencies consistent with Humphrey's Executor.

        1 reply 0 retweets 1 like
      6. Chris Walker‏ @chris_j_walker Jul 27
        Replying to @chris_j_walker @rickhasen

        So, sure, any judge could rule differently once on the Supreme Court. It just seems strained to use Aiken as a signal/hint/evidence to infer something that Judge Kavanaugh expressly said the opposite.

        0 replies 0 retweets 1 like
      7. End of conversation

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