Josh Blackman Profile picture
Jun 25, 2018 3 tweets 3 min read Twitter logo Read on Twitter
This language about curing "taint" from Abbott v. Perez seems tailor-made for a citation in travel ban opinion. "Presumption of legislative good faith" seems very similar to "presumption of regularity." J. Alito mentioned this point deliberately during his hand-down. #SCOTUS.
Similar sentiment from @dorfonlaw
"Meanwhile, I fear further inconsistency with respect to taint, perhaps as early as tomorrow or Wednesday, in the Court's anticipated ruling in the Travel Ban Case." #SCOTUS…
Relatedly, Perez offers another way another way to rebut allegations of "taint" and animus: demonstrate that decision was motivated by desire to end "expensive and time consuming" litigation. This language will be cited in future litigation over #DACA rescission. #SCOTUS

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More from @JoshMBlackman

Sep 8, 2018
Judge Edith Jones introduces Justice Thomas for the Inaugural Gregory S. Coleman Memorial Lecture #FedSocEvents
2/ Greg Coleman clerked for Judge Jones and Justice Thomas
3/ Judge Jones: 20% of Trump nominees to federal courts of appeals have been J. Thomas law clerks. #SCOTUS
Read 31 tweets
Aug 31, 2018
1/ Judge Hanen declined to issue a preliminary injunction in the DACA case, but strongly hinted he would issue a declaration that DACA was unlawful. This decision is perhaps the least chaotic approach to tee this issue up for prompt #SCOTUS review.…
2/ J. Hanen found he was not bound by the District Courts that previously issued nationwide injunctions. He's right. I made this point on @lawfareblog in May. The prior cases concerned legality of recission. Texas's case concerned legality of DACA itself…
3/ Here is the crux of Judge Hanen's ruling. Texas failed today but will succeed on the merits
Read 8 tweets
Aug 1, 2018
In four days, I made oral arguments in four separate courts (WDTX, EDPA, WDWA, and NJ Superior Court), and filed a total of 10 pleadings:

1/ Motion in Opposition to Motion to Intervene (WDTX July 27, 2018)…
2/ Motion in Opposition to Motion for a Temporary Restraining Order (WDTX July 27, 2018)…
3/ Motion to Strike (WDTX July 27, 2018)…
Read 11 tweets
Aug 1, 2018
1/ In the span of about 36 hours, I was featured on 11 TV and radio stations, plus countless other print interviews (including @AP, @Reuters, @NYTimes, @CNN, @WashingtonPost, @ABC, @CBS, etc). The first exclusive w my old friend @MikeSacksEsq on @fox5ny
2/ @BretBaier picked up that interview on @SpecialReport @FoxNews (at 1:37)
3/ The @NewsHour wanted me in studio, but I couldn’t step away from litigation, so I pre-recorded segment between TRO hearings: (at 1:55)
Read 12 tweets
Jul 31, 2018
Breaking: Washington and eight other states have sought a TRO and prior restraint on information posted on the internet. Regardless of your opinions on gun control, this case would set a dangerous 1st Amendment precedent. I will argue the TRO today.…
We have filed a response to Washington's temporary restraining order. Their prior restraint violates the First Amendment, but it also cannot succeed on the merits: licensure decisions are not subject to APA…
At 1:30 ET, I will also be arguing a TRO in New Jersey State Court. The NJ AG has argued that posting information on the internet is a common law nuisance. Therefore, a state court of chancery can issue a global injunction against free speech. Our brief:…
Read 6 tweets
Jul 24, 2018
1/ Divided 9th Circuit panel finds that 2nd Amendment "Second Amendment encompasses the right of a responsible law-abiding citizen to carry a firearm openly for self-defense outside of the home"… - J O'Scannlain & Ikuta in majority. J Clifton in dissent.
2/ Panel distinguishes Hawaii case from Peruta (San Diego): "Young’s claim therefore picks up where Peruta’s left off and presents an issue of first impression for this circuit: whether the Second Amendment encompasses a right to carry firearms openly in public for self-defense."
3/ Judge Reinhardt has already issued a call for rehearing en banc from the great beyond.
Read 10 tweets

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