Judge Reinhardt, concurring in denial of rehearing en banc in #WAvTrump, also takes veiled swipe at Trump http://cdn.ca9.uscourts.gov/datastore/general/2017/03/15/17-35105%20en%20banc.pdf …pic.twitter.com/eSfFvdmfEm
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He says, citing McCutcheon, that it would chill political speech if campaign statements could later be used to prove government motive. /9
He doesn't discuss Trump statements in office, or those of Miller etc. But seems to say all campaign statements should be off limits /10
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J. Kozinski is smart, iconoclastic, and idiosyncratic judge. His opinions (like J. Posner's) get attention because he's very smart, loud /11
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Expect the government to cite Kozinski's point (as well as Bybee's dissent, which is more on the caselaw) at every turn to support E.O. /12
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And if this case makes it to
#SCOTUS, framing it as free speech campaign issue appeals directly to Kennedy, conservatives /13 -
Kozinkski is a former Kennedy clerk by the way. All in all, this dissent matters. A lot. 14/14 <End>
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@rickhasen I respect Kozinski but this is a bad argument. Original and interesting but bad. -
Kozinski is generally fantastic, even when he is wrong. But Berzon is quite correct, this is BS.
End of conversation
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this is so wrong.
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