Joey Fishkin's avatar

Joey Fishkin

@fishkin.bsky.social

148 followers 242 following 21 posts

Law prof @ UCLA. New here.


Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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I think this is something more. Sinking your teeth into a huge story like Biden's decline or Clinton's purported fast-and-loose-with-national-security behavior feels to many journalists like the highest and best thing to do. Whether Harris will have any story like that is hard for me to predict.

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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Good question. There's a baseline of extremely asymmetric heightened scrutiny of Democrats that is part of these editors' ultimately hopeless, pathetic effort to persuade conservatives (and themselves, I think) that they do not have a liberal bias. This never works, and it never stops. BUT...

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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Is this fair? No. But it should certainly figure heavily in any assessment of whether Biden should stay in the race or drop out. It provides a pretty strong reason to expect things to get worse not better. And if Biden stays in, he and his people should at least know what they're up against. ❗

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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The time for Democratic leaders—and especially the Biden team—to price this in to their assessment of how the next four months will go is now. There is not a way to get the Times to abandon this crusade, and a lot of media takes cues from the Times.

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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As in 2016, both the House Republicans and the Times will be seeking many of the same documents and videos and audio and whatnot, but the Times is better at getting the goods. They will get the goods, from off-the-record quotes to materials for a multimedia package of some kind.

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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This time, I think it means Democrats are in for four months of absolutely unrelenting coverage of Biden's alleged senility, no matter what Biden does. Good interviews? Good rallies? Doesn't matter, the Times still has grist for almost infinite news stories and editorials tracking his decline.

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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@joshtpm.bsky.social has a good post about the NYTimes' crusade to push Biden to quit.

This is serious. The Times had less to work with when they made Hillary's emails the main story of the 2016 campaign, leading to Trump's election.

talkingpointsmemo.com/edblog/times...

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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I wish EVERY accusation wasn't a confession but that does seem to be where we are with these guys these days.

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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I think the media coverage is likely to be considerably more damaging over the coming months than the unmediated (or less-mediated) debate performance itself. Deciding whether Biden should drop out is way above my pay grade, but I hope his people are thinking this part through in a serious way. /2

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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I am beginning to see that the next few months are going to be a drip drip drip of NYT stories about Biden senior moments and limitations. Imagine the NYT's 2016 Hillary email coverage, but with more drips, and tons of potential sources. Do the people close to Biden see this iceberg? /1

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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SCOTUS to Presidents this week: Govern through notice-and-comment rulemaking? Courts will oversee your every move. Govern through expert agency adjudication? Nah, we'll oversee that in court. Govern by personally using official powers to commit crimes? Woah—THAT we couldn't possibly review... 🤨

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Jacob T. Levy's avatar Jacob T. Levy @jacobtlevy.bsky.social
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"My opponent is threatening that if he defeats me, he'll come after me in revenge. If he invents charges against me, I'll have my day in court, and I'll beat them. I won't take this un-American dodge that the president is above the law. I challenge him to do the same: face the charges & the jury."

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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I find the Biden campaign's messaging about today's decision frustrating. The point should not be "this doesn't change the tacts" etc. Instead: Trump installed a dangerous Supreme Court around him who are deliberately enabling his past and future crimes. Make the court part of the election.

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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Tell me we are descending into oligarchy without saying the word oligarchy.

www.nytimes.com/2024/06/30/u...

When this article seems unremarkable, then we’re really in the thick of it…

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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I haven't seen enough written yet about how stage-managed this year's June SCOTUS rollout has been. They saved multiple blockbuster 6-3 radical departures from all precedent and common sense for the Friday after the debate, when there's lots of news, and they can assume the media can't cover it all.

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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Putting six lawyers in charge of all the scientific work of a modern regulatory state will be a gas. Which gas, who knows!

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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And it will be reborn unexpectedly as a Spending Clause case. Giving states the power to *criminalize* requirements the federal government attaches to federal spending: what could go wrong?

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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Well, I was wrong. I thought the Republican majority on the Court would push a disastrous EMTALA ruling until after tonight’s debate. Turns out I was not cynical enough. They found a way to push it past the entire November election.

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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But will they "procrastinate" past the first debate? The most cynical view would be: the Trump immunity case and the EMTALA case are not coming out tomorrow because then they'd become topics in that evening's debate. So expect big news on those fronts to come out Friday or later. We'll see!

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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In 1895, the Supreme Court made a terrible mistake and invalidated the income tax. Americans overturned this with the 16th Amendment. But one SCOTUS justice is laying the groundwork to repeat the same mistake again! @mjsdc.bsky.social has the story in a great Slate piece—

slate.com/news-and-pol...

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Prof. Kevin J. Kircher's avatar Prof. Kevin J. Kircher @kevinjkircher.com
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I learned at an engineering conference recently that one crypto mine in TX, 100s of MW, makes more money off ERCOT demand response markets than it does off crypto repeat: TX ratepayers pay them more to sometimes stop mining than they make by actual mining just bananas misuse of power markets 🔌💡

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Joey Fishkin's avatar Joey Fishkin @fishkin.bsky.social
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Hi everyone, just joined here literally 30 seconds ago. Tried Threads, now I'm here. I'm a law prof at UCLA.

Here's a first post: Can you distinguish real Supreme Court justices doing “history-and-tradition” from parody?

It's time for a Rahimi pop quiz!

👀

balkin.blogspot.com/2024/06/its-...

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