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Cobolli’s inside-out forehand is an absolute rocket!
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Replying to @LieberCode
15/Well, this decision comes close to making the Constitution a suicide pact.
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Replying to @LieberCode
14/There's a famous quote: The Constitution is not a suicide pact.
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Replying to @LieberCode
13/That's bonkers and elevates Article II protection to a full-blown constitutional obsession over all other competing constitutional norms, as well as common sense.
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Replying to @LieberCode
12/This gets everything backward. It basically suggests that the Constitution needs to protect an Article II authority to discuss subverting an election and overturning the will of the people.
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Replying to @LieberCode
11/"Applying a criminal prohibition to the President’s conversations discussing such matters with the Vice President—even though they concern his role as President of the Senate—may well hinder the President’s ability to perform his constitutional functions."
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Replying to @LieberCode
10/Finally, the majority adds this shocker to its discussion of this issue:
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Replying to @LieberCode
9/Immunities are for the defendant to assert and carry.
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Replying to @LieberCode
8/Of course, a presumptive immunity can be overcome, but the problem is that it shifts the burden of disproving the immunity to the government, where it doesn't belong.
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Replying to @LieberCode
7/None of this should be "presumptively immune" from prosecution for this category of conversations.
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Replying to @LieberCode
6/It seems odd for SCOTUS to conclude that the Constitution protects a president's authority to violate the Constitution. That would be self-defeating for a Constitution to do that.
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Replying to @LieberCode
5/None of this should be regarded as "official conduct" under any circumstances.
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Replying to @LieberCode
4/even worse hypothetical: "Your official responsibility under the Constitution is to take care that the laws are faithfully executed, but you should do the opposite of what the Constitution requires."
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Replying to @LieberCode
3/even worse hypothetical: "Your official responsibility is to do x, but you should ignore it and commit a murder." Or....
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Replying to @LieberCode
2/Imagine the following hypothetical conversation: "Your official responsibility is to do x, but you should ignore x and commit a coup with me." Or....
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1/The opinion says that "Whenever the President and Vice President discuss their official responsibilities, they engage in official conduct." This cannot be correct.
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"With fear for our democracy, I dissent."
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Replying to @ianmkysel
@ianmkysel @CornellLaw @profbethlyon We are honored to have you here! You've done great work and have even more contributions ahead of you. I'm so excited to see what the next few years will bring.
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Jens David Ohlin retweeted
At the Rethinking SLIC conference, a surprise guest speaker makes an appearance
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The cats, all eight of them, are in charge at my house.
At the Rethinking SLIC conference, a surprise guest speaker makes an appearance
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