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Sarah Posner
@sarahposner.bsky.social
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THE ABORTION PLANK IS A PERSONHOOD PLANK
28 replies 184 reposts 631 likes
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Quinn Yeargain@yeargain.bsky.social |
206 followers 148 following 112 posts
1855 Professor of the Law of Democracy at Michigan State. I teach, write, and tweet about state constitutional law, institutional development, and criminal law. (they/he)
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Sarah Posner
@sarahposner.bsky.social
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THE ABORTION PLANK IS A PERSONHOOD PLANK
28 replies 184 reposts 631 likes
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Quinn Yeargain
@yeargain.bsky.social
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The Supreme Court will decide the constitutionality of gender-affirming care bans in Skrmetti—but state courts are already deciding these questions! In my latest for @brennancenter.bsky.social's State Court Report, I explain the status of, and need for, state litigation over these questions.
0 replies 2 reposts 1 likes
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Quinn Yeargain
@yeargain.bsky.social
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The U.S. Supreme Court will decide whether trans medical care bans are constitutional—but we don't need to wait for them! In my latest article, now out in the Ohio State Law Journal, I argue that state constitutions provide better bases for challenging these laws.
papers.ssrn.com/sol3/papers....
0 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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yes, politicians in Europe and the United States famously never talk about immigration or propose harsh immigration restrictions
1 replies 0 reposts 6 likes
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Quinn Yeargain
@yeargain.bsky.social
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Tomorrow, Montanans will pick Democratic and Republican nominees for a variety of statewide offices—including Clerk of the Supreme Court. It's the only state in the country to still have an elected supreme court clerk. In my latest, I explain why.
guaranteedrepublics.substack.com/p/why-does-m...
0 replies 1 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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man, it does not do hands well
0 replies 0 reposts 2 likes
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Quinn Yeargain
@yeargain.bsky.social
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this framing is, frankly, just so strange to me. Alito is not some Mr. Bean-like social klutz who whoopsy-daisied himself into a regrettable situation. he's a partisan ideologue with extreme views and an acute recognition that he is beyond consequences. it's really that simple.
3 replies 28 reposts 125 likes
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Tim Onion
@bencollins.bsky.social
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From the archives.
21 replies 681 reposts 2066 likes
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Quinn Yeargain
@yeargain.bsky.social
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this data will be incredibly important and I also dread the inevitable outrage that “the census is turning kids trans”
0 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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I’m very happy to share that I’ll be joining the faculty of the Michigan State University College of Law as an Associate Professor of Law in July!
2 replies 0 reposts 5 likes
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Quinn Yeargain
@yeargain.bsky.social
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Local prosecutors declined to pursue "election fraud" cases brought by Florida's election police. Instead, the Statewide Prosecutor is doing so—which Bob Williams and I argue he has no authority to do under the Florida Constitution. From us in @brennancenter.bsky.social's #StateCourtReport:
0 replies 1 reposts 3 likes
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Daily Kos Elections
@dailykoselections.bsky.social
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NEW from Quinn @yeargain.bsky.social: The MO GOP wants to block an abortion rights amendment by making voter-backed initiatives harder to pass. Their plan: Create an "electoral college" for ballot measures.
The problem: There's a good chance it's unconstitutional
1 replies 6 reposts 7 likes
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Quinn Yeargain
@yeargain.bsky.social
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New from me for @dailykoselections.bsky.social: Missouri Republicans have proposed a constitutional amendment that would require voter-initiated measures to receive a majority of the vote in 5 of 8 congressional districts. The proposal could violate one-person, one-vote:
0 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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One of the things I'm happiest about is the 16 page appendix that lists out every elected state board that's ever existed and when they were redistricted through the 2020 cycle. (And if you want to know more about state-level elected offices, I have big stuff coming!)
0 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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The result is that voters are frequently denied the opportunity to elect candidates of their choice in equitably (and lawfully) drawn districts, and lose their voices on important boards that set education, energy, and climate policies.
1 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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Apathy over these districts also dominates. Even in the midst of redistricting disputes in Louisiana after the 2020 Census, then-Governor John Bel Edwards said that he "wouldn’t lose sleep" if another Black-majority district wasn't created on the elected state board of education.
1 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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Historically, these districts weren't redrawn, even after one-person, one-vote. The districts used for the Mississippi Public Service Commission and Transportation Commission haven't changed since 1987. Montana went from 2003 to 2022 without a redraw for its PUC.
1 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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Across the country, there are a lot of different state boards that are elected by district: boards of education, university regents, public utility commissions, executive councils, and other, state-specific boards.
1 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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Yay! "Shadow Districts" is now out in print from the Cardozo Law Review. I argue that elected state boards are getting left behind in redistricting reform efforts and litigation—and that there are too many failures to equitably redraw these lines.
cardozolawreview.com/yeargain-sha...
1 replies 0 reposts 1 likes
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Quinn Yeargain
@yeargain.bsky.social
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I've written a lot of footnotes, but this is the one that I'm the most amused actually made it to print
0 replies 0 reposts 1 likes
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Peter Sagal
@petersagal.bsky.social
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So you’re saying, Justice, that as circumstances change, the original meaning of the Constitution and subsequent rulings isn’t sufficient to address them?
41 replies 254 reposts 1303 likes
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Quinn Yeargain
@yeargain.bsky.social
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the U.S. Department of the Treasury sanctioned two of his cabinet officials over this, and yet CPAC allowed him to launder his reputation and pretend that he's embarked on some robust anti-gang initiatives
home.treasury.gov/news/press-r...
0 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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really nuts that after conservatives have fearmongered for years about MS-13, they give a hero's welcome to an aspiring authoritarian whose government cut deals with MS-13 to strategically reduce murders during elections for his political benefit
apnews.com/article/cpac...
1 replies 1 reposts 1 likes
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kilgore trout
@kilgoretrout.bsky.social
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never saw anyone get obliterated by a poll reply before
60 replies 301 reposts 2234 likes
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Nora Reed (they/them ze/hir)
@nora.zone
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Republicans would rather have dead kids than kids they don't have control over.
14 replies 194 reposts 618 likes
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Quinn Yeargain
@yeargain.bsky.social
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But, uh, the Alabama Supreme Court is engaged in social revanchism, not sober contemplation of the full meaning of the Alabama Constitution. And more decisions like this are probably coming in states with anti-abortion constitutional provisions—like Louisiana, Tennessee, and West Virginia.
0 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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If the court is inaugurating a new theory of holistic constitutional interpretation that views any policy statement as affecting constitutional interpretation, then okay. That policy statement—policy interest in unborn life, et cetera—is fair game here.
1 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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I actually think it's consistent with state supreme courts' professed commitment to interpreting their states' constitutions as whole documents for them to view policy statements as affecting their broader understanding of the constitutional text. But I’m quite sure that’s not what’s happening here!
1 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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State courts don't normally view statements that expressly set out a "policy" as enforceable at all, much less a "constitutionally imposed canon of construction." In the abstract, I don't think I *really* object to a court viewing a policy statement that way.
1 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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There are 5 other “policy” statements in the Alabama Constitution that COULD be interpreted the same—including the “policy” of the Alabama Constitution for the government to “[p]rotect” and “manage” lands and waters as “a trustee of the environment.” The court hasn’t read that provision similarly!
1 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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On its path to a truly unhinged ruling that frozen embryos are children, the Alabama Supreme Court construed an unenforceable “policy” statement in the state constitution as a “constitutionally imposed canon of construction.” I can’t recall another state supreme court doing something like this.
2 replies 0 reposts 0 likes
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Matt Gabriele
@profgabriele.com
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Just a profoundly stupid asshole
128 replies 212 reposts 1587 likes
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Jason O. Gilbert
@gilbertjasono.bsky.social
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Interestingly, "who" and "why" are the two questions I asked myself when I got this push notification
11 replies 33 reposts 367 likes
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Quinn Yeargain
@yeargain.bsky.social
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it is a deep sickness in this country that people feel empowered to be publicly and proudly Islamophobic. anyone believing this shit should be shamed, not given a prominent spot in the Wall Street Journal.
0 replies 0 reposts 0 likes
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BeijingPalmer
@beijingpalmer.bsky.social
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this is a really consistent new york times thing and I know from asking that it is an *editorial* policy - editors frequently *remove* credit offered by journalists in the original drafts of the story. it's absolute shit and the NYT should be explicitly shamed for it as often as possible.
10 replies 248 reposts 678 likes
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Quinn Yeargain
@yeargain.bsky.social
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Come hang out with me (virtually) at the Widener Commonwealth Law Review Symposium and talk about recent changes in administrative law! We have Judge Michelle Childs as the keynote speaker and are lining up some great panels. Abstracts are due on February 15!
0 replies 1 reposts 1 likes
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Tobias Wilson-Bates
@phdhurtbrain.bsky.social
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It cannot be stressed enough how much “Innovation” in our current moment generally means “divert money from a public good to a hypothetically profit generating sector”
17 replies 702 reposts 2283 likes
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Quinn Yeargain
@yeargain.bsky.social
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helpful to know that, since reporting on Neri Oxman's alleged plagiarism is anti-semitic, anti-Zionist, and not newsworthy, the reports about Claudine Gay's alleged plagiarism were racist and not newsworthy
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ryan cooper
@ryanlcooper.com
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Chris Rufo and the crypto reactionaries at the NYT got what they wanted. they'll now be hugely emboldened
14 replies 104 reposts 529 likes
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Adam Serwer
@adamserwer.bsky.social
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At some point we just need to acknowledge that nothing will satisfy other than the near-total resegregation of elite and governing institutions in the United States.
28 replies 431 reposts 1593 likes
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Quinn Yeargain
@yeargain.bsky.social
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Now out in the UC Davis Law Review: Administrative Capacity in Direct Democracy. I chronicle, for the first time, voters' role in building state administrative structures—and argue that this history should inform how courts interpret direct democracy today.
lawreview.law.ucdavis.edu/sites/g/file...
0 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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new year, new Canvas icon for Criminal Law
0 replies 0 reposts 0 likes
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Quinn Yeargain
@yeargain.bsky.social
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Regardless of anyone’s feelings about federalism or Trump’s removal from the ballot, I think it’s absolutely nuts that national candidates file for the presidency state-by-state, subject to each state’s idiosyncratic requirements. That’s no way to administer a national election.
0 replies 0 reposts 1 likes
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Quinn Yeargain
@yeargain.bsky.social
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it's absolutely nuts that Louisiana's new Secretary of Wildlife and Fisheries is a 26-year-old Republican campaign strategist with no experience whose leadership experience is being rowing team captain at Ohio State
www.nola.com/news/politic...
0 replies 0 reposts 3 likes
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Cristian Farias
@cristianfarias.com
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Calling it now: News organizations are going to treat the meaning and import of Section 3 of the Fourteenth Amendment like a horse race, and I’m gonna end up losing my mind.
0 replies 5 reposts 7 likes
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Becky Hammer
@beckyhammer.bsky.social
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This obit in the Harvard Magazine has sent me down the most delightful Wikipedia rabbit hole
11 replies 89 reposts 266 likes
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Quinn Yeargain
@yeargain.bsky.social
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Nice-a
0 replies 0 reposts 1 likes
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A.R. Moxon
@juliusgoat.bsky.social
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People who say of Nazis “deal with bad ideas is by defeating them in the marketplace of ideas” are smuggling in the notion that Nazi ideas have not already been defeated on the merits, and are still valid and worthy to consider, or that Nazi "ideas" involve bloodless debate.
75 replies 1007 reposts 3846 likes
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Tom Scocca
@tomscocca.bsky.social
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Year after year Rufo just goes on Twitter and announces, "Here's the next fuss we're going to make, 100 percent as a cynical pretext, to get the media to parrot our message and advance our right-wing agenda," and every time the press is like, thank you for the valuable news tip
28 replies 634 reposts 2110 likes
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Kieran Healy
@kjhealy.bsky.social
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OK I laughed
40 replies 1536 reposts 5043 likes