Right now, state courts represent the best hope for expanding civil rights and countering the abuses of the criminal legal system.
If the Governor and State Senate are serious about protecting fundamental rights and equal justice, this is their chance to show it.
Janet DiFiore is stepping down from the Court of Appeals.
Last week we co-published this article with @nysfocus looking at how she, along with three other judges, have moved in lockstep to push New York to the right - @SamMellins
https://t.co/KIgmCRnpYM
Me: Watching old videos to study for the bar is frustrating because there’s no recognition of what the Supreme Court has done in the last few weeks.
Barbri:
Against hundreds of years of congressional action, against solid #SCOTUS precedent, and hundreds of years of history, the Supreme Court held today that states have jurisdiction over certain crimes in Indian Country by judicial fiat. A devastating result for our democracy.
The havoc the Court is wreaking has far more important consequences, but it's pretty surreal to delay studying for the bar to see what law will be left to study.
Today is wretched and plain. And it is not the bottom. It will get worse; we will go lower. As the Court’s dissent insists, correctly, “Closing our eyes to the suffering today’s decision will impose will not make that suffering disappear.” https://t.co/f0cePYG9F0
They undermine the right to vote, then leave issues to the political process. They demand historical foundation, then strike down decades-old precedent. They lie in confirmation hearings, then enjoy life tenure.
They cannot keep evading accountability. Unrig the Court.
As Justice Harlan explained in Bivens, there'd be little point in *having* constitutional rights (which exist solely to constrain the political branches) if we leave the ability to *enforce* those rights *to* the political branches.
And yet, that's where #SCOTUS has left things.
The Court's rationale for gutting Bivens—deference to Congress—would be easier to accept if the Court had deferred to Congress in construing §1983, instead of, for example, adding a qualified immunity defense that appears nowhere in the statutory text.
The agony of these pediatricians waiting for a mass casualty event that never arrived because an AR-15 doesn’t leave survivors. My god. https://t.co/c121hXjP5W
Legislators responded to the 2018 Parkland school shooting by hiring police officers in every elementary, middle and high school in Florida. It didn’t make students safer. Instead, it led to this: https://t.co/ew9NxbWfBe
They* said I couldn't do it. They** were wrong.
*I am they. Everyone else was really supportive.
**Me again. Can't stress enough how kind people were to me.
@RachelBarkow Spending the day advocating for oversight of the clemency process is indicative of why you are such an incredible criminal law professor. Plus, I probably would've chosen hanging out with @CoriBush over graduation too.