Will Chamberlain Profile picture
Jun 8, 2018 10 tweets 3 min read Twitter logo Read on Twitter
This is a really important story that isn’t getting much play outside of #appellatetwitter. I’ll scope about it shortly
My service is weak here, so I'm reduced to tweeting.

Basically the DOJ is refusing to defend Obamacare in Court, on the grounds that they think it's unconstitutional. This is not good, and I say this as someone who is not a fan of the ACA by any stretch.
The norm prior to the Obama administration was that administrations would defend *even those laws they disagreed with* in court so long as there were non-frivolous arguments that those laws were constitutional.
Obama and Holder arguably shredded this norm when they refused to defend section 3 of DOMA in court, even though there were very clearly non-frivolous arguments to defend the statute.
Here, the Trump admin is taking this even further, by going so far as to refuse to defend the ACA on *unbelievably silly* grounds.

This is bad bad bad bad.
This is actually a really important norm that could really mess up the way government works. If administrations will only defend laws they agree with (the logical end point of this silly game), a number of nasty consequences ensue
1) Logically, if the executive can decline to defend a statute based on frivolous constitutional grounds, it can decline to enforce statutes on those grounds as well

Think about immigration from this perspective
There are also problems specific to litigation this causes

If DOJ won't defend a statute when the government is a defendant - no one else really has standing to do it

Courts could get in the habit of appointing amici (friends of the court), but that's unwieldy
Basically this is just fucking terrible, Obama and Holder deserve the lion's share of the blame, but this is not one of those spots where "what's good for the goose is good for the gander" should be the operative rule
And, of course, the brilliant @isamuel and Leah Litman got out in front of this one and wrote a solid piece on this

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More from @willchamberlain

Oct 6, 2018
Almost three weeks ago, I called this a shit-test.

It was a test of Republicans' spine - a test of whether they would break in the face of an unverifiable, unfalsifiable, uncorroborated allegation.

They are about to pass.

#ConfirmKavanaugh
I called @ChuckGrassley a "peacetime Senator" and called for his removal as @senjudiciary chair.

He proved me wrong.

He showed his mettle.

Thank you, Senator.

And thanks to the Senator's staff as well - Mike Davis (@mrddmia) first and foremost.

Also, thank you @senatemajldr.

No one has done more to improve their standing in the last year than Cocaine Mitch.

He went from bete noire to folk hero.

We have a true gangster running the Senate, and we should be grateful.
Read 6 tweets
Sep 27, 2018
Starting a commentary thread

Both Grassley and Feinstein are speaking too long

Neither are compelling speakers

Both would have been well served by shorter speeches

#ConfirmJudgeKavanaugh
Also, at this point, Republicans of all stripes despise Feinstein

The longer she talks, the worse it is for Ford

#ConfirmKavanaugh
As an aside: Notice how hard it is to sound persuasive and authentic when you are READING a speech

Your tonality when you read is often different than when you speak

It’s necessary here because people give have to read from prepared opening statements
Read 17 tweets
Sep 26, 2018
We need an FBI investigation into the Democratic plot to smear Brett Kavanaugh! #ConfirmKavanaugh pscp.tv/w/bnrZIDUzMzM2…
Senate Democrats have stated that:

- the burden of proof is on the accused
- there is no presumption of innocence
- innocent people demand FBI investigations of their own behavior if they are accused of wrongdoing

They must call for an FBI investigation into themselves!
Democrats like @ChuckSchumer say there is NO EVIDENCE that Senate Democrats colluded to smear Brett Kavanaugh.

They should welcome an FBI investigation then! After all, if they are innocent, they have nothing to hide!

#ConfirmKavanaugh

Read 5 tweets
Sep 19, 2018
Obvious questions for Christine Blasey Ford:

- Why were you and your husband in couples therapy?
- Why did this accusation come up for the first time in couples therapy?
- Did your husband pressure you to come forward now?

#ConfirmKavanaugh
Christine Blasey Ford and her husband were married in 2002.

The first time she told *anyone* "of the incident in any detail" was 2012.

She kept this from her husband for OVER TEN YEARS OF MARRIAGE.

And then it came up - in couples therapy.

#ConfirmKavanaugh
This is my thesis (and to be clear this is just me extrapolating from public info)

I think Christine Blasey Ford fabricated this story in 2012 to save her marriage.
Read 6 tweets
Sep 17, 2018
The Kavanaugh circus is a reminder of why I voted for Trump.

Democrats are utterly ruthless. They will lie, cheat, steal, and smear to gain power. And they are institutionally bigoted towards straight white men.

Ignore the concern-trolling.

#ConfirmKavanaugh #MAGA
“Just switch to Barrett!”

Hell no.

You saw the hearings.

You saw the Democrats baying for blood.

Think they’ll be satisfied with just one scalp?

#ConfirmKavanaugh
If there was ever a time to stand and fight, it’s now.

If Republicans give in they will lose the House and Senate. 100%. No one will vote for a party of cowards.

The accusation is patent bullshit. Judge Kavanaugh has categorically denied it. The end.

#ConfirmKavanaugh
Read 4 tweets
Sep 10, 2018
Tolerance is our greatest strength.
Diversity is a stressor.

Tolerance is a measure of antifragility
“Diversity is our greatest strength” is a meme designed to increase a society’s tolerance
Read 4 tweets

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