Andrew

Alum @UVALaw & @GWtweets, serving in @MarForRes. Law nerd through and through.

[Andrew @AndrewJNell]

@derektmuller Sadly seems to be accurate. Confirmation from his daughter:

https://t.co/nRlqPWhgui

[Andrew @AndrewJNell]

@EdWhelanEPPC Even so, it seems like a potentially problematic development if on day 1 of a new admin, any judge who wanted to ensure a favorable replacement could announce a prospective senior-status date to avoid the risk of a Senate turnover, without actually going senior for years.

[Andrew @AndrewJNell]

@SeanTrende I suspect this is much more a byproduct of the loneliness phenomena @DKThomp has discussed than anything else. A lot less drinking going on when people aren’t socializing & self-entertain with modern media.

[Andrew @AndrewJNell]

@EWess92 Without expressing any views on the merits of Judge Domenic, I don’t love this trend of former clerks succeeding their judges.

[Andrew @AndrewJNell]

@EliasNeibart @YaleFedSoc Congrats!

[Andrew @AndrewJNell]

@EWess92 Missing one circuit: it’s the 5th & 8th vs the 2nd, 6th, & 11th.

The 1st also recently heard argument on this question. With the caveat that it’s always dicey reading oral argument tea leaves, it sounded like that court was similarly going to break 2-1 & join the now majority

[Andrew @AndrewJNell]

@SeanTrende @speechboy71 I assume the OP was in reference to DC/PR statehood.

[Andrew @AndrewJNell]

@IlyaSomin @lsolum I think this is where most now fall. Even Scalia described his hostility to LH as a prophylactic rule. Conversely, not even Jackson suggests that LH can trump text. The consensus seems to be that LH is probative of meaning, with different gradations of relevance b/w interpreters.

[Andrew @AndrewJNell]

@EWess92 This might be the correct result but it’s hard to square with the Court’s oft repeated admonition that it’s not a Court of error correction. This is flyspecking to the nth degree

[Andrew @AndrewJNell]

@johnpelwood @Aaron_L_Nielson Although the Court notably declined certain on QP3, so we still won’t get the overruling of Smith. Probably another small chipping away at the showing necessary to get strict scrutiny.

[Andrew @AndrewJNell]

@EdWhelanEPPC The Times said it spoke with 10 people, liberal and conservative, familiar with the deliberations over the order. Regardless of who leaked the memos, it seems like a much wider group willing to discuss the private deliberations of the justices

[Andrew @AndrewJNell]

@jadler1969 Currently working on a paper on just this topic! (The move from retrospective damages to prospective injustice relief in public law litigation)

[Andrew @AndrewJNell]

@LauraPowellEsq This is Judge Leon’s writing style. It’s not unique to this case or this administration. He just has an atypical way of writing opinions.

[Andrew @AndrewJNell]

@EWess92 The only federal appellate court to have reached the question so far is CA5. That’s technically every one but an odd framing.

[Andrew @AndrewJNell]

@derektmuller Isn’t being a law professor a strong revealed preference for tenure over, e.g., a 50% salary bump? Many tenured professors could have went the big law route and gotten that sort of pay bump

[Andrew @AndrewJNell]

@HoffProf What is the ordinary timeline (to the extent there is on) for hearing from the law reviews? This is my first submission cycle.

[Andrew @AndrewJNell]

@ilan_wurman R2P has always been an extremely controversial topic in int’l law and rejected by most states. Libya is a prime example of why - what was supposed to be a limited humanitarian mission turned into a regime change op, and one that did not end well for Libya

[Andrew @AndrewJNell]

@neil_chilson @DavidAFrench I take the thrust of David’s post to be much more focused on the govt’s response than the reasonableness of DoD’s opposition to Anthropic’s terms. If it didn’t want to agree to use restrictions, DoD should have walked away. Not used the state to target its business

[Andrew @AndrewJNell]

@neil_chilson @DavidAFrench I think you can be sympathetic to DoD’s concerns and still believe the government’s response was highly inappropriate.