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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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    1. Rick Hasen‏Verified account @rickhasen 3 Nov 2017

      DOJ filing rightly getting attention for going after ACLU lawyers, but note also attempt to vacate lower court opnhttp://apps.washingtonpost.com/g/documents/politics/justice-department-petition-in-jane-doe-abortion-case/2615/ …

      1 reply 13 retweets 13 likes
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    2. Rick Hasen‏Verified account @rickhasen 3 Nov 2017

      As in the Travel Ban cases, attempt to get SCOTUS to wipe out lower court precedents that Trump DOJ doesn't like #Munsingwear

      1 reply 6 retweets 7 likes
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    3. Rick Hasen‏Verified account @rickhasen 3 Nov 2017

      But it looks like DOJ is changing its longstanding position that vacating lower court opinion not appropriate in case like this onepic.twitter.com/R5jMmBvNI5

      2 replies 5 retweets 5 likes
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    4. Sean Marotta‏ @smmarotta 3 Nov 2017
      Replying to @rickhasen

      That's a fairly common species of SG footnote: To preemptively reconcile (or explain) how current positions fit with past positions.

      1 reply 0 retweets 0 likes
    5. Rick Hasen‏Verified account @rickhasen 3 Nov 2017
      Replying to @smmarotta

      It is still a notable change in position

      1 reply 0 retweets 1 like
    6. Sean Marotta‏ @smmarotta 3 Nov 2017
      Replying to @rickhasen

      Is it a change, though? They say "this is consistent with it, and even if not, this is an unusual circumstance."

      1 reply 0 retweets 0 likes
    7. Rick Hasen‏Verified account @rickhasen 3 Nov 2017
      Replying to @smmarotta

      Yes I recognize they are trying to distinguish rather than acknowledging change in position, as DOJ has done now in a number of cases

      1 reply 0 retweets 0 likes
      Rick Hasen‏Verified account @rickhasen 3 Nov 2017
      Replying to @rickhasen @smmarotta

      Question is whether their argument to distinguish case is persuasive.

      12:42 PM - 3 Nov 2017
      2 replies 0 retweets 0 likes
        1. Sasha Samberg-Champion‏ @ssamcham 3 Nov 2017
          Replying to @rickhasen @smmarotta

          It also rests on a dubious premise--that 5 members of the Court would have stayed DC Circuit decision pending SCOTUS review.

          0 replies 1 retweet 2 likes
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        1. Justin S.‏ @JustinTweets4 3 Nov 2017
          Replying to @rickhasen @smmarotta

          Esp since both prongs of their distinction are particularly dubious.

          0 replies 0 retweets 0 likes
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