Seriously people. Executive orders mean exactly nothing to what Trump legally can or can't do to fuck with the election results (which is zero). Stop letting idiots make you crazy
More from Akiva Cohen
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.
Here's the decision. Some highlights follow
Pretty sure I said this, using slightly different words!
Hey, @questauthority, it sounds like Judge Boasberg was about as pleased about the long "none of this matters but we want to say it anyway" section as we expected him to be
You CANNOT run into court claiming there's an emergency and you need an expedited schedule so you can be heard before 1/6 and then just not bother serving anyone for 12 days
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
Here's the decision. Some highlights follow
Pretty sure I said this, using slightly different words!
Hey, @questauthority, it sounds like Judge Boasberg was about as pleased about the long "none of this matters but we want to say it anyway" section as we expected him to be
You CANNOT run into court claiming there's an emergency and you need an expedited schedule so you can be heard before 1/6 and then just not bother serving anyone for 12 days
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 Trump
DONALD TRUMP IS SO RACIST ...
— that he restored and increased HBCU funding (which Obama cut permanently) and met with HBCU leaders to find more solutions to bring higher education to black communities!
— that he gave loans to black entrepreneurs when the banks wouldn't. https://t.co/qiK2Ul7se2
— that Jesse Jackson praised Trump for helping him put together his Rainbow Coalition and for being a model for “people on Wall Street to represent diversity.”
— that he was awarded the 1986 Ellis Island Medal Of Honor alongside Rosa parks and Muhammad Ali for “patriotism, tolerance, brotherhood and DIVERSITY”. They don't give these medals to racists. https://t.co/WliqZHc34j
— that he dated a black woman.
— that he donated to and did personal favors for Rev. Al Sharpton's National Youth Movement. https://t.co/nBTvLiO128
— that he helped sponsor and finance both of Jesse Jackson's presidential bids.
— that when a homeless black woman was found illegally living in Trump Tower he allowed this woman to stay for 8 years, and provided her with three meals a day, and fresh flowers once a week.
— that he restored and increased HBCU funding (which Obama cut permanently) and met with HBCU leaders to find more solutions to bring higher education to black communities!
— that he gave loans to black entrepreneurs when the banks wouldn't. https://t.co/qiK2Ul7se2
— that Jesse Jackson praised Trump for helping him put together his Rainbow Coalition and for being a model for “people on Wall Street to represent diversity.”
— that he was awarded the 1986 Ellis Island Medal Of Honor alongside Rosa parks and Muhammad Ali for “patriotism, tolerance, brotherhood and DIVERSITY”. They don't give these medals to racists. https://t.co/WliqZHc34j
— that he dated a black woman.
— that he donated to and did personal favors for Rev. Al Sharpton's National Youth Movement. https://t.co/nBTvLiO128
— that he helped sponsor and finance both of Jesse Jackson's presidential bids.
— that when a homeless black woman was found illegally living in Trump Tower he allowed this woman to stay for 8 years, and provided her with three meals a day, and fresh flowers once a week.