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blakereid

@blakereid@mastodon.lawprofs.org

Law prof. Tech/telecom/1A/copyright x #a11y/disability law. Ketchup, Crocs, ska, too many guitar pedals. He/him. No legal advice. Bad toots my mom’s fault.

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blakereid , to random
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Judge Cannon’s ruling is disturbing and alarming. But it should not be surprising. That it is suggests a lack of awareness of what is happening. Here it is: there is a sizable chunk of the American judiciary scattered across the trial and appellate courts (particularly the 5th Circuit) and a majority of Supreme Court Justices that are willing to depart the rule of law toward overtly partisan ends in cases involving President Trump and radiating outward to other partisan priorities. 1/

blakereid OP ,
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It is important for lawyers, academics, journalists, and other commentators to understand that these cases do not represent some faithful, learned, good-faith, balls-and-strikes interpretation of primary legal materials applied to the facts at hand. They are an exercise of political power. And they need to be understood as such. 2/

blakereid OP ,
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It is critical to understand that this dramatically shifts the role and power of lawyers. There is no amount of carefully crafted legal argumentation or strategy that can lead to different results in these cases. That does not mean that lawyers do not have important work to do in bringing forth good-faith arguments and bearing witness to the derogation of of the rule of law. (That’s part of the oath lawyers in most (all?) states take to support the Constitution.) 3/

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