Steven Mazie
SCOTUS correspondent for The Economist. Political studies prof at Bard Early College-Manhattan.
- Law prof takes pains to move Overton window by writing NYT op-ed contesting more than a century of understanding of the Citizenship Clause then...praises Donald Trump for "uncanny" (HOW DID HE DO THAT?!) ability to move Overton window in NYT news story
- Glossip v. Gross (2015), McDonnell v. US (2016), Trump v. Hawaii (2017), Rucho v. Common Cause (2019), Seila Law v. CFPB (2020), NYSRPA v. Bruen (2022), Trump v. Anderson (2024), Loper-Bright v. Raimondo (2024)
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- Janus v. AFSCME
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- The beauty of the book is how it conveys the vibes of the past few years and of what we’re seeing at SCOTUS right before our eyes.
- MANY choice passages in LAWLESS, @leahlitman.bsky.social's fab book on SCOTUS out tomorrow. Ch. 2 stands out for its analysis of attacks on LGBTQ equality increasingly posing as religious free-exercise claims. Essential reading for the current case on LGBT books in public schools, among others!
- We've been saying satire is dead for a while but this really might be its requiem
- I keep saying it but Trump v Anderson is going to be a top 5 anti-canon one day. I know no one agrees, I don’t care.
- Not sure about top 5, but no doubt it's an impressively lousily reasoned opinion.
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- Well maybe but did you know that progressives are the number one threat to free speech and the free exchange of ideas?
- NEW: the justices' statements on the passing of David Souter
- Here is what Justice Souter wrote about Justice Stevens when he died six years ago
- Compare Breyer's statement today:
- Thank you to the journalists who doggedly posted the minute-by-minute of the happily concluded Rümeysa Öztürk hearing for us. I tried to re-post a variety of your posts. Good news on this Friday afternoon.
- The judges are all right
- This is a tough argument to prepare for. As some have pointed out, there is no single Question Presented as in a regular merits case.
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- I am
- theory 1 - They've been wanting to pull back on universal injunctions for a while and this is a good opportunity if they ALSO make clear that the EO's theory of birthright citizenship is wrong in the opinion accompanying order
- theory 2 - They're overwhelmed with emergency-docket applications and want to stem the tide by removing this tool from district court judges' hands. (But as @stevevladeck.bsky.social points out in his most recent Substack, that might backfire as litigation could mushroom.)
- The lawyers must be prepared to debate virtues & vices of courts issuing universal injunctions (the main item on the agenda, as it's the emergency plea from the government for a partial stay) but also need to be well versed on the underlying issue of what the Citizenship Clause means and why.
- That plea www.supremecourt.gov/DocketPDF/24...
- NEW at SCOTUS: we have the lawyer lineup for the birthright citizenship case on May 15th
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View full threadFeigenbaum is the young (~35?) solicitor general of New Jersey. He graduated from Brown in 2011 and went on to Harvard Law School and a clerkship with Justice Elena Kagan.
- Corkran is the more experienced litigator. She clerked for Justice Ruth Bader Ginsburg. www.law.georgetown.edu/icap/our-tea...
- John Sauer, Trump's recently confirmed solicitor general, will argue for the government. He prevailed a year ago in arguing Trump v. United States, the presidential immunity case
- Two lawyers will oppose narrowing the injunctions against Trump's birthright citizenship order: Jeremy Feigenbaum and Kelsi Corkran
- BREAKING: Justice David Souter has died
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View full threadHis leftward drift later led to Republican calls for "No More Souters" in SCOTUS appointments, with the Federalist Society taking on a central role in ensuring that GOP nominees would remain faithful to the cause.
- Here is a great episode of the More Perfect podcast all about Justice Souter and his legacy www.youtube.com/watch?v=5dID...
- Justice Souter is the only member of the Court in recent memory to retire in his prime after a good, long stint of 19 years—rather than serve into his 80s or die in robes. He was 70 when he retired and has spent the last 15 years enjoying life in his home state of New Hampshire.
- He was also the last justice to depart meaningfully from the ideology of the president who appointed him. Souter was appointed by George Bush the elder and, within a few terms, started voting in most contentious cases with the liberal wing of the Court.
- Something funny about radio people putting it this way: “the first American Pope in 2000 years!”
- Calling it now: the Chicago-born Pope will replace communion wafers with deep-dish pizza bites to boost attendance at mass
- Two straight Francises. What are the chances?
- NEW: Trump administration files its 14th emergency application. This one concerns parole revocation for undocumented immigrants.
- I should have added…at the Supreme Court
- A week from today, SCOTUS hears oral argument about Donald Trump's bid to limit birthright citizenship—but the main question is about the proper scope of injunctions. It's going to be interesting. Here's my @economist.com preview www.economist.com/united-state...
- Including insights from Mila Sohoni, Sam Bray and @stevevladeck.bsky.social
- Here's a gift link www.economist.com/united-state...
- NEW: @c-span.bsky.social asks Chief Justice Roberts to televise the oral argument on birthright citizenship next Thursday, May 15th
- SCOTUS has never televised a hearing and the chances it will start next week are zero. But good for C-SPAN to ask. There's no good reason to keep these things under wraps.
- BREAKING: Supreme Court lets Donald Trump implement his ban on transgender soldiers in the military. The apparent vote is 6-3.
- There is no opinion explaining the result. Justices Kagan, Sotomayor and Jackson dissent.
- They let you do it. You can do anything. Grab ’em by the papacy.
- NEW at SCOTUS: yet another emergency application from the Trump administration. This 13th plea asks the Court to let DOGE access Social Security records and files, staying a lower court’s injunction against this
- This application is the second from the Trump administration in as many days. The Court has ordered a response brief by May 12.
- The judge the president called a "Radical Left Lunatic" is not a radical left lunatic. My new weekend profile of James Boasberg @economist.com www.economist.com/united-state...
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- Nobody’s perfect.
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- In this case.
- Here's a gift link. (If it expires and you're thinking of subscribing, DM me for another.) www.economist.com/united-state...
- Locke, Montesquieu, John Marshall and Every Single Founding Father could not be reached for comment
- Trolling: A think tank founded by Stephen Miller sued John Roberts last week, asking a judge to declare that the White House should control the federal court system talkingpointsmemo.com/news/trump-a...
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- I have it on good authority that we are at war with Venezuela
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- NEW: the Court has ordered a response by May 8, a week from today.
