Anil Kalhan • @akalhan.bsky.social Profile picture
Jun 23, 2018 8 tweets 3 min read Read on X
What was all that yammering before the Supreme Court about the "presumption of regularity"? #MuslimBan
"Typically, executive orders are the product of weeks of collaborative work.... The order Trump signed this week, hastily written amid an escalating crisis and rushed to his desk before he left town for a political rally, was the opposite."
Just like his other executive orders on immigration, in fact. Imagine that.
"[O]fficials say they remain uncertain how to carry out an order they aren’t sure is legal in the first place.... 'It was policy based on a PR-messaging impulse.'"
Oh come now. Something like that would *never* happen. "Presumption of regularity"—I mean, Noel Francisco and his enablers all promised! To the Supreme Court!
"Trump said he wanted to sign a full immigration bill as part of an executive order, which one administration official described as 'a pretty insane idea.'" washingtonpost.com/amphtml/world/…
Of course, in the bizarro world of Noel Francisco, this is just "the cabinet doing its job through the agencies."

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More from @kalhan

Oct 7, 2018
Former @YaleLawSch Dean Robert Post: Kavanaugh's installation into the Supreme Court is an "American tragedy" politi.co/2pGXFx3
"With calculation and skill, Kavanaugh stoked the fires of partisan rage and male entitlement."
"If we expect judges to reach conclusions based solely on reliable evidence, Kavanaugh’s savage and bitter attack demonstrated exactly the opposite sensibility."
Read 4 tweets
Oct 7, 2018
This article loses its nerve right from its headline: this debacle is not just a blow to the Supreme Court's "image," but to its *legitimacy*.
A 5-4 right-wing majority—installed mostly by minority popular vote presidents, in the face of solid progressive majorities throttled using illegitimate means—does not "perfectly reflect" anything. To the contrary, it is a starkly imperfect reflection of where we are politically.
Partial credit to @adamliptak for this shade at the end of the piece, but it's far too mild in relation to the actual scale of the Court's legitimacy crisis.
Read 8 tweets
Oct 5, 2018
Self-serving talk is cheap. If @JeffFlake uses this nonsense to take cover he deserves all the ridicule that he will inevitably receive.
To quote Brett Kavanaugh himself, “I understand the passions of the moment, but ... your words have meaning.”
Read 10 tweets
Oct 3, 2018
Pleased to join so many colleagues in signing this letter.
"We have differing views about the other qualifications of Judge Kavanaugh. But we are united, as professors of law and scholars of judicial institutions, in believing that [he] did not display the impartiality and judicial temperament requisite to sit on the highest court"
Over 900 signatories and counting, from over 150 law schools, as of this morning. lawprofessor.net
Read 5 tweets

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