https://t.co/u8GypCeRT4
The judge in this case has now issued an absolutely brutal smackdown that you'll enjoy reading. It comes complete with a well-earned threat of sanctions.
Folks, this is the single dumbest election lawsuit of the entire cycle, and I've read kraken filings front to back. https://t.co/PLHTf7HhbM
— Akiva Cohen (@AkivaMCohen) December 22, 2020




Because the substantive argument was loony tunes

More from Akiva Cohen
In the cold light of morning, I'm still completely amazed by the legal belly flop that @ThomasMoreSoc filed in the DC District Court. It's the legal equivalent of watching the butt fumble, live
EVERYTHING you could possibly get wrong in a complaint, they managed
Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"
Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp
OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
EVERYTHING you could possibly get wrong in a complaint, they managed

Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"
Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp

OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
So, quick rundown of the latest #Squidigation decision: It's very thorough; 36 pages of Judge Parker explaining that Powell and her merry band of fuckups lose for every conceivable reason
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
Hi, #Squidigation fans. New developments in the Michigan tentacle. Driving little man to school this morning, but we can talk about it when I get back https://t.co/m6GxK7g5T1
— Akiva Cohen (@AkivaMCohen) December 7, 2020
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here

There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
More from For later read
The #worldwildlifeday2021 theme is Forests and Livelihoods: Sustaining People and Planet aligning with UN Sustainable Development Goals 1, 12, 13 and 15. So, what are the UN Sustainable Development Goals (SDGs) & how can children begin to learn about them & get involved ?
https://t.co/8ICvHxE9QL is easy & fun to follow for our smallest of people #EYFS. Early childhood is the perfect stage to introduce the core concepts of what it means to be a global citizen. For our reception & KS1 children please take a look at this fabulous free resource
https://t.co/tZx8UIS58Q Storytelling is a powerful communications tool and helps children remember lessons and virtues that they will use in everyday life. The idea is to simplify the lessons of the (SDGs) so young children can relate to – and better understand – the SDGs.
For older children here’s a board game that aims to help teach children around the world about the Sustainable Development Goals in a simple and child-friendly way
This is a lovely free book for children to enjoy flicking through themselves https://t.co/ScMbQCfpjl Elyx, the United Nations’ digital ambassador, uses various expressions and actions to help demonstrate the meaning of each Sustainable Development Goal.
https://t.co/8ICvHxE9QL is easy & fun to follow for our smallest of people #EYFS. Early childhood is the perfect stage to introduce the core concepts of what it means to be a global citizen. For our reception & KS1 children please take a look at this fabulous free resource
https://t.co/tZx8UIS58Q Storytelling is a powerful communications tool and helps children remember lessons and virtues that they will use in everyday life. The idea is to simplify the lessons of the (SDGs) so young children can relate to – and better understand – the SDGs.
For older children here’s a board game that aims to help teach children around the world about the Sustainable Development Goals in a simple and child-friendly way
This is a lovely free book for children to enjoy flicking through themselves https://t.co/ScMbQCfpjl Elyx, the United Nations’ digital ambassador, uses various expressions and actions to help demonstrate the meaning of each Sustainable Development Goal.