Eric W.

6.1K posts

Eric W. banner
Eric W.

Eric W.

@EWess92

Conservative, Textualist, Originalist. University of Chicago AB/JD. Mostly bad takes, but politely. Generally Solicitous in Iowa

Des Moines, IA Katılım Haziran 2009
879 Takip Edilen12.5K Takipçiler
Eric W.
Eric W.@EWess92·
The Sixth Circuit today issued an opinion in the criminal case United States v. Kimbrough. We know that it is by Judge White and joined by Judges Larsen and Kethledge. But we don't know anything else!
Eric W. tweet mediaEric W. tweet media
English
9
4
45
10K
Eric W.
Eric W.@EWess92·
@jdbanker1 I agree that it was a pretty weird focus of the district court opinion!
English
0
0
2
28
James
James@jdbanker1·
Bizarrely, the district judge repeatedly raised the burden placed on out-of-state/non-resident students in his order: "Out-of-state students, who constitute more than one-third of students at Indiana schools with qualifying IDs, are even less likely to have an Indiana driver's license or state ID" Am I missing something or did the judge think they should be able to vote in Indiana? indianacapitalchronicle.com/wp-content/upl…
English
1
0
1
28
Eric W.
Eric W.@EWess92·
Can Indiana define what voter identification qualifies for voting? At least for this election, yes. The panel explains its earlier order by referring to the longstanding Purcell principle--the Court should not have entered this injunction after voting had started. Right result
Eric W. tweet mediaEric W. tweet media
English
2
2
21
2.8K
Eric W.
Eric W.@EWess92·
“[A] constitutional violation does not occur every time an officer touches someone. Not every push or shove, even if it may later seem unnecessary in the peace of a judge’s chambers, violates the Fourth Amendment.” Judge Ho, reversing a denial of qualified immunity. No violation.
Eric W. tweet media
English
7
11
91
5.1K
Eric W.
Eric W.@EWess92·
Did the authors of the NYT "Shadow Papers" article violate attorney ethics? Interesting post here. I'd hope that the author (at least) has taken strong public statements against politicized bar-fare. Lots of good attorneys have faced threat of discipline for less.
Stephen E. Sachs@StephenESachs

Whatever one makes of these memos, whoever leaked them breached the trust that allows courts to do their jobs. One of the article's coauthors, a licensed atty in NY, may have also violated the state's ethics rules and be subject to discipline. 1/ reason.com/volokh/2026/04…

English
0
2
6
1.7K
Varad Mehta
Varad Mehta@varadmehta·
Good to see an appeals court stopping an absurd district court decision so quickly. Even better would be seeing more of that. That should be Judge Scudder for the second judge. Notable that the Biden appointee noted no dissent.
Eric W.@EWess92

Can Indiana require that only official and secure photo identification be used in elections? The Seventh Circuit issues a stay of a district court order mandating use of student IDs. Chief Judge Brennan and Judge Brennan (Trump) joined by Judge Kolar (Biden).

English
2
4
42
3.1K
Eric W.
Eric W.@EWess92·
I shared the order explained by this opinion earlier (I double counted Chief Judge Brennan, the second should have been Judge Scudder): x.com/EWess92/status… Read the opinion here: media.ca7.uscourts.gov/cgi-bin/Opinio…
Eric W.@EWess92

Can Indiana require that only official and secure photo identification be used in elections? The Seventh Circuit issues a stay of a district court order mandating use of student IDs. Chief Judge Brennan and Judge Brennan (Trump) joined by Judge Kolar (Biden).

English
0
0
5
913
Eric W.
Eric W.@EWess92·
Can Indiana require that only official and secure photo identification be used in elections? The Seventh Circuit issues a stay of a district court order mandating use of student IDs. Chief Judge Brennan and Judge Brennan (Trump) joined by Judge Kolar (Biden).
Eric W. tweet media
English
2
8
46
7.3K
Eric W.
Eric W.@EWess92·
@gpmrntz @steve_vladeck @howappealing I definitely always try to be nice and respectful. I agree with much of what Professor Vladeck is tweeting, but not all. And I highlighted tension between his tweets and his blog. Sorry if it's convoluted!
English
1
0
0
119
Geoff Pomerantz
Geoff Pomerantz@gpmrntz·
@EWess92 @steve_vladeck @howappealing Put differently: I know Prof Vladeck is correct. But... I'm a lawyer - so I argue no matter what; & As a conservative lawyer, I'm never going to concede my likeminded colleagues did what Prof Vladeck stated; but since my branding is I am "nice" I will say it convolutedly
English
1
0
4
134
Steve Vladeck
Steve Vladeck@steve_vladeck·
"In the first major case in which the Court granted emergency relief as a means of shaping nationwide policy, it turns out that the justice who led the charge was the one who was doing quite a bit more than calling balls and strikes." Me in "One First": stevevladeck.com/p/221-chief-ju…
English
15
264
585
46.9K
Eric W.
Eric W.@EWess92·
Can discipline after a food fight lead to qualified immunity? Perhaps, explains Judge Easterbrook, but the facts are not clear enough to justify qualified immunity yet. There's a video, but it's not clear. So without clear facts, qualified immunity is premature.
Eric W. tweet media
English
2
0
8
1.7K
Eric W.
Eric W.@EWess92·
"This case presents an example of 'too little, too late' for would-be class action intervenors." Judge Lee, writing a fascinating opinion related to the injunction only (no damages) class action settlement re Google tracking Incognito users. Looks like they should have objected
Eric W. tweet mediaEric W. tweet mediaEric W. tweet media
English
2
0
6
1.6K
Eric W.
Eric W.@EWess92·
In a run-of-the mill illegal re-entry case, there is an interesting dispute between Judge Oldham and Judge Southwick over the effect of horizontal state decisis and how to apply prior opinions. While the majority is good, the disagreement is worth reading and considering.
Eric W. tweet mediaEric W. tweet mediaEric W. tweet media
English
1
1
17
2.8K

Keşfet

@jdbanker1 @mike_frags @varadmehta @BetterScotus @gpmrntz @steve_vladeck @howappealing @elonmusk