Mark Joseph Stern @mjs_DC
Senior writer @Slate. Courts and the law. Three birds, one dog, one baby. [email protected] markjosephstern.com Washington, DC Joined November 2009-
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Idaho's admissions during this argument are a definitive rebuke to anti-abortion advocates' insistence that no state forces women to the bring of death before allowing her to terminate a failing pregnancy. That is, in fact, precisely what Idaho law demands.
Idaho's admissions during this argument are a definitive rebuke to anti-abortion advocates' insistence that no state forces women to the bring of death before allowing her to terminate a failing pregnancy. That is, in fact, precisely what Idaho law demands.
A reminder that in Idaho it is a crime to offer an abortion to a woman who will otherwise lose an organ
A reminder that in Idaho it is a crime to offer an abortion to a woman who will otherwise lose an organ https://t.co/2b1nId9AdN
"Five justices sent the message, loud and clear, that they are far more worried about Trump’s prosecution at the hands of the deep-state DOJ than about his alleged crimes, which were barely mentioned." - @Dahlialithwick & @mjs_DC slate.com/news-and-polit…
.@KatiePhang, @joshgerstein and @mjs_DC discuss what they heard in the Supreme Court oral arguments in the Trump immunity claim. "I did not expect this kind of minimization of January 6th that we saw from the justices."
TONIGHT: Trump's lawyers argue immunity claim to SCOTUS - while the jury in his NY criminal trial hears from a key witness - & the Biden campaign moves to ramp up its attacks on Trump. @KatiePhang @JoyceWhiteVance @joshgerstein @mjs_DC @peterbakernyt @BrendanBuck @DonnaFEdwards
Going on the @11thHour tonight to chat with the brilliant @KatiePhang about the Supreme Court and its favorite president ever, Donald Trump
I feel like they should let me, @imillhiser, @mjs_DC, @Dahlialithwick, @jaywillis, and @ProfMMurray tour the country saying “I told you so” this summer. Call it the “Can You Hear Me Now” Amtrak Express.
Brett Kavanaugh sounds (and votes) more like Alito with each passing week. If I wrote this piece today it’d be twice as dire and pessimistic. A really alarming trajectory. slate.com/news-and-polit…
The scales fall off our eyes. But there are more scales underneath somehow? With @mjs_DC on SCOTUS immunity argument slate.com/news-and-polit…
Today’s pod: @mjs_DC on SCOTUS & @daveweigel on the Squad primaries, Gaza protests, & stories from the road. podcasts.apple.com/us/podcast/the…
The gender divide on the Supreme Court took center stage during yesterday's oral arguments over whether states can criminalize emergency abortion care. From @mjs_DC & @Dahlialithwick:
The gender divide on the Supreme Court took center stage during yesterday's oral arguments over whether states can criminalize emergency abortion care. From @mjs_DC & @Dahlialithwick: https://t.co/8sk0xHv5Oo
It is encouraging though to see how much Justice Alito is concerned with the potential for prosecutors to overcharge a criminal defendant. I am sure this will become a hallmark of his jurisprudence going forward.
Talking about this shitshow on MSNBC in a few minutes
Talking about this shitshow on MSNBC in a few minutes
(They were)
Mitch McConnell, in his speech after voting to acquit Trump in 2021: "We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one." Very popular take at the time!
Steve Vladeck @steve_vladeck
216K Followers 3K Following @ksvesq’s husband; father of daughters; C.A. Wright Chair in Federal Courts @UTexasLaw; #SCOTUS nerd @CNN; NYT bestseller: https://t.co/FmqTSPSMH3; #LGMIan Millhiser @imillhiser
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If Nebraska changes their Electoral College rules to winner take all to help Trump, Maine will try to do the same to counteract that impact, Maine's house majority leader says in a statement
@TrumpIsDone I was far more understanding of the pro-life argument until I saw states trying to imprison women for seeking life-saving medical care post-Roe.
As Justice Jackson noted at oral argument today ... "Professor Lederman ... goes on and on and on ... ." Guilty as charged! ;-) The reference was to pp. 23-26 here: supremecourt.gov/DocketPDF/23/2…
This was a genuine moment of gaslighting and I know the term is wildly overused.
Justice Alito suggests that, if former presidents are subject to prosecution after leaving office, they'll be more likely to seek to unlawfully remain in office after they were defeated for re-election/their term has ended. JFC.
@ElieNYC @imillhiser @mjs_DC @Dahlialithwick @ProfMMurray I’m doing the Clint Eastwood Debates a Chair bit and yelling at Noah Feldman for his “ACB Deserves to Be On the Supreme Court” essay the whole time. The applause will be rapturous.
It is very clarifying watching some—not all, but some—prominent law & order conservatives twist themselves into pretzels to explain why a former president should quite literally be above the law. With great power comes no responsibility, or something.
Alito described consquences for Trump of going to trial: "That may involve great expense, and it may take up a lot of time. And during the trial, the former president may be unable to engage in other activities that the former president would want to engage in and then the…
Justices tend to evolve on the Court, especially if they fall under the wing of another justice. Increasingly, Kavanaugh seems aligned with the 3 right wingers, not the 2 less insane conservatives.
Brett Kavanaugh sounds (and votes) more like Alito with each passing week. If I wrote this piece today it’d be twice as dire and pessimistic. A really alarming trajectory. slate.com/news-and-polit…
@11thHour @KatiePhang @JoyceWhiteVance @joshgerstein @mjs_DC @peterbakernyt @BrendanBuck @DonnaFEdwards It's always great when Katie fills in for the primetime hosts. ❤️ @KatiePhang
@mjs_DC @11thHour @KatiePhang Jealous. I have to get up in the mornings on the weekend to hang out with @KatiePhang
I feel like they should let me, @imillhiser, @mjs_DC, @Dahlialithwick, @jaywillis, and @ProfMMurray tour the country saying “I told you so” this summer. Call it the “Can You Hear Me Now” Amtrak Express.
Something that drives me a little insane, I'll admit, is that Trump's OWN LAWYERS at his impeachment told the Senators to vote not to convict him BECAUSE he could be prosucuted if it came to that. Now they're arguing that the only way he could be prosecuted is if they convicted.
September 14, 2020:
The idea that 2024 will be the last democratic election if Trump wins is disinformation on the order of the 2020 election being stolen. If people are this confident in this, they should be willing to put money on the 2028 election being canceled.
Justice Kavanaugh's dramatic reading of Scalia's Morrison dissent is . . . odd.
Wow Trump's lawyer declined rebuttal. Probably an accurate read on the fact that he thinks SCOTUS is going to give them a big part of what they want - additional delay that prevents a pre-election trial
A little over a year ago I semi-retired from practicing in federal court and this week has made that decision look pretty good.
There is no role for the state in these decisions. I walked through fire for my girls & I would do it again in a heartbeat, but that is a decision for every person to make on their own. If I didn't want children so desperately, I would have made a different, reasonable choice.
Alito is spending a LOT of time arguing that prosecutors and grand juries offer little real protection from inappropriate prosecution. Welcome to the resistance [momentarily], Comrade Alito. 🙄
@mjs_DC Dude, you’re supposed to take the drugs after work, not before.
Today I anticipate questions like: "But if we allow Trump to be prosecuted for extremely good reasons, won't people like Trump try to prosecute Biden for extremely bad reasons?"