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Matthew Segal@segalmr.bsky.social |
991 followers 285 following 170 posts
Civil Rights Lawyer | Personal Views | Not Legal Advice | law.yale.edu/matthew-r-segal
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Dan McFadden
@danmcfadden.bsky.social
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NEW: In a government transparency lawsuit brought by the ACLU of Massachusetts, the Court ruled that the Office of the State Auditor unlawfully withheld the results of two audits from the public:
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Matthew Segal
@segalmr.bsky.social
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There's a saying in appellate practice that if someone claims to have, like, 7 appellate issues then they actually have none. Well, I think we found the guy who actually might have 7 issues.
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Matthew Segal
@segalmr.bsky.social
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Legal system falsely accuses innocent person, then convicts her — not itself — of supposedly making a false accusation. www.bostonglobe.com/2024/06/05/w...
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Matthew Segal
@segalmr.bsky.social
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"In the past thirteen months, the [ACLU's State Supreme Court Initiative] has filed amicus briefs or served as co-counsel in twenty-five cases in eighteen states, on issues ranging from abortion to election reform." www.newyorker.com/magazine/202...
0 replies 1 reposts 9 likes
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Chris Morran
@themorrancave.bsky.social
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Trump’s attorney sent @propublica.bsky.social a cease-and-desist letter demanding this article not be published. The letter warned that if the outlet and its reporters “continue their reckless campaign of defamation, President Trump will evaluate all legal remedies.”
49 replies 539 reposts 1063 likes
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Matthew Segal
@segalmr.bsky.social
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Even if Trump wins his appeal, this case would not place in the top 1 million injustices our legal system has committed. For example, I have litigated 1000s of wrongful convictions involving greater injustice.
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Popehat
@kenwhite.bsky.social
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/2 Put another way the “reasonable person” in the test is a “reasonable career lawyer who is firmly ensconced in judicial culture and shares a common set of assumptions and beliefs with the judiciary.” What’s reasonable to you may vary. You may not like it but that’s the law.
9 replies 15 reposts 245 likes
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Popehat
@kenwhite.bsky.social
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Just a reminder: the “would a reasonable person question their impartiality” test is not an actual normal reasonable person test, to the extent there is such a thing. It is a stylized, history-encrusted, precedent-confined test based on what octogenarian white judges thought was reasonable. /1
5 replies 31 reposts 268 likes
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Matthew Segal
@segalmr.bsky.social
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PEOPLE OF EARTH: Do you like civil rights & civil liberties? Do you like courts... where it's possible to advance those things?
Apply to be a staff attorney in the ACLU's State Supreme Court Initiative!
DC➡️ www.aclu.org/careers/appl...
NYC➡️ www.aclu.org/careers/appl...
0 replies 1 reposts 4 likes
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Andrew Fleischman
@nobodyinteresting.bsky.social
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7 replies 5 reposts 59 likes
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Matthew Segal
@segalmr.bsky.social
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If a law firm has a sound basis to move to recuse a judge, but declines to do so due to fear of negative repercussions, that is not a sign of a system that is functioning well.
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Matthew Segal
@segalmr.bsky.social
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This is fine. Classic case of a judge and their spouse having his and hers flagpoles.
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Matthew Segal
@segalmr.bsky.social
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Or: we hold umpires to higher standards than justices.
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Matthew Segal
@segalmr.bsky.social
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If a Yankees flag had been flown outside an umpire's home, even briefly, I'd expect that umpire to refrain from working Yankees games.
1 replies 0 reposts 3 likes
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Matthew Segal
@segalmr.bsky.social
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Committing or sanctioning certain crimes — e.g., pardoning someone convicted of murdering a protester — is how people are going to apply for jobs in a second Trump administration.
0 replies 1 reposts 6 likes
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Matthew Segal
@segalmr.bsky.social
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True, the legal system is struggling mightily to apply the law to Trump now, when he's merely a private citizen who does not control the executive branch, but things will surely go better once he's President again.
0 replies 2 reposts 3 likes
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Matthew Segal
@segalmr.bsky.social
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what a way to spend your time as a lawyer www.texastribune.org/2024/05/10/t...
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Evan Bernick, a finite mode with a floof
@evanbernick.bsky.social
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Everything that Paul Butler writes is drop-everything-and-read material, and this is no exception. balkin.blogspot.com/2024/05/the-...
1 replies 5 reposts 6 likes
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J.J.
@jdotj.bsky.social
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The best time of the year: at least once a week and maybe twice per week through June, we get to learn which new people are losing their civil rights
6 replies 58 reposts 352 likes
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Matthew Segal
@segalmr.bsky.social
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If, hypothetically, it were hard to convict a former president in a timely fashion, that would be all the more reason to avoid writing judge-made exceptions into the plain text of the 14th Amendment's disqualification clause.
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Matthew Segal
@segalmr.bsky.social
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Together with my ACLU colleague Bridget Lavender, I wrote for @brennancenter.bsky.social's #StateCourtReport about the use of rap lyrics against criminal defendants: statecourtreport.org/our-work/ana...
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Matthew Segal
@segalmr.bsky.social
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The court excluded Swift on the theory that some of her songs *are* autobiographical. But my colleague and I put it in this piece: statecourtreport.org/our-work/ana...
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Matthew Segal
@segalmr.bsky.social
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Not only guilty of murder, but also on record in favor of riding the lightning
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Matthew Segal
@segalmr.bsky.social
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Texas Court of Criminal Appeals: Admitting rap music or videos in criminal trials is highly prejudicial, especially bc "by no means is rap the exclusive genre for glorification of criminal activity."
Some examples from the Court:
search.txcourts.gov/Case.aspx?cn...
15 replies 62 reposts 250 likes
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Michael Tae Sweeney
@mtsw.bsky.social
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People are still not paying close enough attention to the solar+storage energy revolution that's happening right now. Absolutely seismic shifts that are still *accelerating* every year
19 replies 145 reposts 548 likes
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Quinta Jurecic
@qjurecic.bsky.social
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"...a NYT/Siena poll conducted earlier this month found an astonishing divergence between how men and women view the gravity of the hush-money charges. Women were twice as likely as men to consider the case “very serious,” while men were twice as likely to consider it “not at all serious.”"
5 replies 46 reposts 150 likes
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Matthew Segal
@segalmr.bsky.social
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I agree that schools should not worry too much about missing out on clerkship opportunities with certain judges. But they will likely feel better about it if they see state court clerkships not just as consolation prizes but as great gigs.
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Matthew Segal
@segalmr.bsky.social
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Schools that wish to mitigate the risk of being protested by federal judges should encourage their students to work for state judges.
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Matthew Segal
@segalmr.bsky.social
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My field is law not music, but if I'm understanding things correctly one side filed its brief and then Kendrick Lamar immediately e-filed his reply brief?!?!
0 replies 0 reposts 4 likes
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Mike Ensminger Fan Account
@laplanck.bsky.social
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Quite the five-justice (of seven) concurrence in today's California Supreme Court opinion about whether police had reasonable suspicion to detain an individual who refused to interact with police (as was his constitutional right).
20 replies 315 reposts 914 likes
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Taniel
@taniel.bsky.social
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Oklahoma just adopted a law that bans the use of ranked-choice voting by local governments.
It also adopted a law that will make homeless encampments on public property a misdemeanor.
www.newsfromthestates.com/article/gov-...
7 replies 17 reposts 32 likes
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Matthew Segal
@segalmr.bsky.social
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Sorry if this sounds alarmist but this week at SCOTUS was alarming. People should be alarmed.
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Matthew Segal
@segalmr.bsky.social
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And the same could be said for Trump v. Anderson. In both cases, the court is just musing about public policy in general, without paying much attention to *either* the facts of the case *or* the Constitution's text.
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Matthew Segal
@segalmr.bsky.social
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Narrowly limiting presidential disqualification and broadly expanding presidential immunity, all in the same term, all based on no Constitutional text whatsoever, and all to the benefit of Donald Trump, would be among the more remarkable things the Supreme Court has ever done.
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Matthew Segal
@segalmr.bsky.social
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Since Trump did, in fact, try to seize power, you'd think someone advancing this remarkable theory would be able to point to evidence that Trump did so out of concern that he would be prosecuted if he ceased being president.
2 replies 0 reposts 13 likes
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Matthew Segal
@segalmr.bsky.social
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A little over a year ago I semi-retired from practicing in federal court and this week has made that decision look pretty good.
0 replies 0 reposts 6 likes
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Matthew Segal
@segalmr.bsky.social
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IDAHO: if a doctor says an abortion was warranted to protect a woman's life **but a prosecutor disagrees** then Idaho law gives the prosecutor discretion to prosecute the doctor.
2 replies 4 reposts 15 likes
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Taniel
@taniel.bsky.social
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Today a judge has ordered a review of ALL death penalty cases out of Alameda County after evidence of decades-old misconduct showed how prosecutor's office excluded Black people and Jewish people from juries. oaklandside.org/2024/04/22/a...
4 replies 68 reposts 194 likes
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Matthew Segal
@segalmr.bsky.social
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People are entitled to their own opinions about Grants Pass but the issue is not a “right to camp.”
It’s whether a city can enforce anti-camping ordinances against people for whom *there is no other place in the City for them to go.*
casetext.com/case/johnson...
0 replies 2 reposts 6 likes
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Matthew Segal
@segalmr.bsky.social
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Excuse me?!?! t.co/GdIiUgJvZ1
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Matthew Segal
@segalmr.bsky.social
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Dobbs relied on the majority’s views about what is “implicit in the concept of ordered liberty.”
And I guess I think not being forced to miscarry in a restroom is, in fact, implicit in the concept of ordered liberty. www.seattletimes.com/seattle-news...
0 replies 8 reposts 21 likes
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Matthew Segal
@segalmr.bsky.social
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Suppose there were a country with strong rights to publish information, including about jurors and witnesses. That hypothetical country's legal system would need to immediately address any attempts by parties to intimidate jurors or witnesses — instead of letting them slide.
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Popehat
@kenwhite.bsky.social
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USC’s handling of this is an unmitigated, unprincipled train wreck. Given how many people they have working in disaster mitigation and crisis management these days, it’s amazing that they are handing this so badly.
/1
www.npr.org/2024/04/16/1...
17 replies 214 reposts 723 likes
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Matthew Segal
@segalmr.bsky.social
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It is very concerning!
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Matthew Segal
@segalmr.bsky.social
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People talk about the Trump immunity case as if it's just about his past actions. It is equally about his future actions. Imagine what Trump will do if SCOTUS says presidents are immune and Trump once again becomes president.
3 replies 9 reposts 40 likes
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Chris Geidner
@chrisgeidner.bsky.social
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Today's final SCOTUS opinion is in Bissonnette v. LePage Bakeries Park St. In the arbitration case, Roberts has the opinion for a unanimous court interpreting a clause of the Federal Arbitration Act *exempting* people from forced arbitration broadly. www.supremecourt.gov/opinions/23p...
4 replies 4 reposts 13 likes
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Popehat
@kenwhite.bsky.social
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So you’re saying that me telling a jury that the opposing party is “more awful than 4th Edition Dungeons and Dragons” is not the rhetorical brilliance I think it is
21 replies 5 reposts 155 likes
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Matthew Segal
@segalmr.bsky.social
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Got it. Thank you. Still learning how to navigate threads on this darn thing.
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Matthew Segal
@segalmr.bsky.social
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That is part of what I'm talking about. But only part.
1 replies 0 reposts 3 likes