Kudos to @emilybazelon for her balanced and thoughtful article on CJ Moore and SSM in Alabama.http://www.nytimes.com/2015/02/11/magazine/in-sort-of-defense-of-roy-moore.html …
.@OrinKerr I do have one issue with @emilybazelon on Judge Moore. I don't think an order from 11th Circuit would matter. More later
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@rickhasen Agreed: I don't think a circuit court opinion is binding on state court judges. But as a practical matter, (1/2)@emilybazelonThanks. Twitter will use this to make your timeline better. UndoUndo
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@rickhasen can get guaranteed relief in fed court based on that precedent, at least. (2/2)@emilybazelonThanks. Twitter will use this to make your timeline better. UndoUndo
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@rickhasen@OrinKerr@emilybazelon for me, it's been interesting to learn that so many ppl *think* federal district courts bind states, just -
@saramayeux I think a lot of it has to do with SSM itself; prob different reaction if a different issue.@rickhasen@emilybazelon -
@OrinKerr@rickhasen@emilybazelon yes, I think that's right. and I also think CJ Moore's rhetoric & background are muddling perceptions. -
@saramayeux Yes, definitely. And because Alabama, too.@rickhasen@emilybazelon -
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@OrinKerr@saramayeux@emilybazelon I've just put up a short post on Emily/Howard's claim http://electionlawblog.org/?p=70242
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Oh interesting
@rickhasen:@OrinKerr I do have one issue w/@emilybazelon on Judge Moore. I don't think order from 11th Circuit wld matter. -
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@emilybazelon@OrinKerr@saramayeux New SSM order in Alabama directly orders probate judge to conduct marriages http://electionlawblog.org/?p=70270 -
Phew
@rickhasen:@OrinKerr New SSM order in Alabama directly orders probate judge to conduct marriages http://electionlawblog.org/?p=70270 -
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@emilybazelon@OrinKerr Or maybe the Montgomery judge can still refuse to issue SSM licenses: http://goo.gl/fb/L1GyEQ
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@rickhasen@OrinKerr as a descriptive or popular constitutionalism type matter. I agree the@emilybazelon piece is better than most!Thanks. Twitter will use this to make your timeline better. UndoUndo
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