The Catholic Constitutionalist

[The Catholic Constitutionalist @the_cath_const]

A thirty-point gender gap probably isn’t healthy for society

[InteractivePolls @IAPolls2022]

Maine Senate Crosstabs by CNN/SSRS

🟦 Troy Jackson: 48%
🟥 Susan Collins: 45%
🟨 Other: 3%
——
🔵 College: Jackson +26
🔴 No College: Collins +15
🔵 Dem: Jackson +90
🔴 GOP: Collins +88
🔵 Indie: Jackson +4
🔴 Men: Collins +12
🔵 Women: Jackson +15
🔵 White: Jackson +4
⚪️ Moderate: Tied
🔴 Approve of Trump: Collins +95
🔵 Disapprove of Trump: Jackson +51

[The Catholic Constitutionalist @the_cath_const]

@Nover2A @TradVat2 idk if that's an originalist take or a CGC take or a "practical originalist" take but I think it makes the most sense

[The Catholic Constitutionalist @the_cath_const]

With all the craziness of Dred Scott, it's easy to forget that, to justify his holding against the Missouri Compromise, Taney held that the Property Clause only applied to land east of the Mississippi, and that it expired at some point prior to 1857

[The Catholic Constitutionalist @the_cath_const]

@Nover2A @TradVat2 I mean, I buy it from all angles - strongest certainly is that N&P allows the government to purchase and hold land in connection to an enumerated power

I also buy that the Property Clause, read against the background principles of inherent sovereign powers, does much the same

[The Catholic Constitutionalist @the_cath_const]

@Nover2A @TradVat2 I did - haven't had a chance to actually read it yet, but it was on my mind when I posted

[The Catholic Constitutionalist @the_cath_const]

@AlisonSomin He was already at the top of my list of Illinois-proximal SGs (including, of course, the august @EWess92) but this seals the deal

[The Catholic Constitutionalist @the_cath_const]

Looks like I’ve found a guy to try to intern for!

[whatever man @_vectorist]

To give you a sense of the people behind this brief: Lou Capozzi, the SG of Missouri, once banged his fist on the desk in my admin law class as he implored us “as lawyers” to hold sacred the right of private property against the government. He made 5 comments per class like that

[The Catholic Constitutionalist @the_cath_const]

@dilanesper talked about this - the asylum system can easily be inundated by ultimately unworthy claims, and while those claims are processed the claimants can run around the US for decades

[Eric W. @EWess92]

This timeline is something. He came to the US in 1988. His wife got to come with him in 1993. His interview for eligibility was 2003. His hearing was 2008. Denied 2009. Administrative appeal resolved *in 2020*. Appeal denied in 2026. Almost 40 years in the country, without cause

[The Catholic Constitutionalist @the_cath_const]

Everyone says “oh what if we elected the Average Joe to the Senate instead of some conniving sociopath” but they forget that the Average Joe doesn’t really want to sit through a three-hour funeral, whereas a conniving sociopath will at least go for the optics

[Andrew Kaczynski @KFILE]

Man some of this stuff https://t.co/nbej25wFJv

[The Catholic Constitutionalist @the_cath_const]

So clerical review of complaints violates the Constitution but locking federal court records behind two paywalls doesn’t?

[Jimmy Buffett Fan, Esq. @jimmy_esq]

Today, the Ninth Circuit held that making the public wait "a few minutes to a few days" to see court filings is unconst'l. Under CA9's test, does the Supreme Court's own efiling process, under which cert. petitions are not publicly docketed for days, likewise violate the Const.?

[The Catholic Constitutionalist @the_cath_const]

@legalstyleblog @VicinageClause You never know - all it takes is one NRDC researcher to see news about a new Wake Island installation and you’re off to the races

[The Catholic Constitutionalist @the_cath_const]

@legalstyleblog @VicinageClause What jurisdiction?

[The Catholic Constitutionalist @the_cath_const]

Me and who?

RIP, Wendell Berry.

[Leroy the Elk @LeroyTheElk]

Under the aesthetic-injury theory, can I sue Justice Jackson for the "... (wait for it) ..." line?

[The Catholic Constitutionalist @the_cath_const]

@DeTahmineh I think I got it!

[The Catholic Constitutionalist @the_cath_const]

Idk about this - I’d guess that Leftist Lawfare Inc. is already looking for someone willing to get crushed by a cinderblock on the construction site to provide… a concrete injury

[The Catholic Constitutionalist @the_cath_const]

Idk about this - I’d guess that Leftist Lawfare Inc. is already looking for someone willing to get crushed by a cinderblock on the construction site to provide… a concrete injury

[Adrian Vermeule @Vermeullarmine]

Bearing in mind that the decision is just in a preliminary posture, this strikes me as a more significant victory for presidential authority than might be apparent. It’s not obvious who, if anyone, would have standing to challenge this or similar actions, meaning that raising private funds for projects that arguably present appropriations problems may be a viable approach in other contexts. (To be clear, I’m fine with that).

[The Catholic Constitutionalist @the_cath_const]

I think this is SCOTUS’s way of soft-overruling aesthetic injury standing, and of setting themselves up to fully get rid of it in time à la Chevron, Humphrey’s Executor, Bivens (soon)

[Leroy the Elk @LeroyTheElk]

I'm confused by SCOTUS's attempt to distinguish Lujan. Lujan established that a desire to view something can produce standing. The only reason Lujan ultimately rejected the standing claim was that the Lujan plaintiffs had no concrete plan to soon return - but Hoagland does!

[The Catholic Constitutionalist @the_cath_const]

If SCOTUS grants cert on the White House case, will I get my wish?

A man can dream…

[The Catholic Constitutionalist @the_cath_const]

“Aesthetic injury” standing needs to be nuked out of existence

[The Catholic Constitutionalist @the_cath_const]

Sort of called it I guess - opinion definitely leans more heavily on the standing issue

[The Catholic Constitutionalist @the_cath_const]

If the government is smart they’ll present questions about aesthetic injury standing rather than natsec issues

[The Catholic Constitutionalist @the_cath_const]

@LeroyTheElk @whignewtons It’s the certainty of it - if Ho trailed Trump around in 2024 hoping Alito would retire, his judicial reputation would be destroyed if no seat opened up (and maybe if it did) and the Senate likely wouldn’t confirm

But if scheduled vacancies become normal, that decorum disappears

[The Catholic Constitutionalist @the_cath_const]

Putting aside the obvious legal issues, the best policy argument against this I’ve heard is @whignewtons’s

Which is that if every president gets two nominees, those nominees will eventually be unofficial parts of tickets–campaigning, stumping, etc–which is bad for impartiality

[Elissa Slotkin @ElissaSlotkin]

Now is the time to clean up the Supreme Court and boldly reform it.

My plan is to set term limits for Supreme Court Justices at 18 years and institute an age limit of 75 across the federal bench.

The lifetime appointment is a relic of a bygone era in our country. My plan would create a system where there are vacancies for each President to fill, instead of these Justices gaming it to benefit their political party.

And, in January of 2029, the next President would immediately have two appointments to make, because Justices Alito and Thomas are over 75.