Eric W. (@EWess92) header
Eric W. (@EWess92) profile picture

Conservative, Textualist, Originalist. University of Chicago AB/JD. Mostly bad takes, but politely. Generally Solicitous in Iowa

Des Moines, IA
Joined June 2009
Photo by Eric W. (@EWess92)Photo by Eric W. (@EWess92)Photo by Eric W. (@EWess92)Photo by Eric W. (@EWess92)Photo by Eric W. (@EWess92)Photo by Eric W. (@EWess92)Photo by Eric W. (@EWess92)Photo by Eric W. (@EWess92)Photo by Eric W. (@EWess92)Photo by Eric W. (@EWess92)
Can a nursing union and San Francisco sue Secretary Mullin to stop @DHSgov's election integrity program? Apparently, DHS cannot investigate non-citizen voters (despite California admitting it doesn't check for them). Bad day for election integrity in California.
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As for scope of relief, the injunction itself is a bit of a cypher. Federal Defendants contend the injunction is "inscrutable". The response, again, is the Supreme Court-stayed Vasquez Perdomo. I'm highly skeptical. Almost taunting the Supreme Court, too.
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Is the federal prohibition on “who has been adjudicated as a mental defective or . . . committed to a mental institution” to possess a good firearm constitutional? Yes as applied to this person, per Judge Murphy (invoking a fun James Otis anecdote). Conviction affirmed
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A long time IT worker at Cincinnati Bell was eventually overworked and quit. He sued, alleging that he was illegally underpaid under the Fair Labor Standards Act. His claims fail, explain Judge Ritz. Summary judgment for the company is affirmed.
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Read the full opinion here: govinfo.gov/content/pkg/USCO…
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A repeat felon was released on bond by a magistrate judge over the prosecution's objection. After conviction, before sentencing, he committed armed robbery against a woman and stole almost $100k in cash and jewelry. No reversible error, per Chief Judge Pryor. Affirmed
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Can President Trump get California to set aside up to 20,000 ballots of accused noncitizens? As presaged in the earlier order saying no for lack of jurisdiction, the same Ninth Circuit panel says no again here. And again, Judge Bumatay dissents.
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"20,000 noncitizens are registered to vote in California...common sense also tells us that the federal government shouldn’t have to sit on its hands while a State allows the violation of federal law, especially when the integrity of federal elections is at stake." Bumatay dissent
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Can President Trump *Temporary* Protected status for Venezuela and Haiti? The Supreme Court said yes, and vacated the Ninth Circuit decision that said otherwise. All of the District of Massachusetts injunctions are gone. But the Ninth Circuit is dragging it out. Wild!
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Read the full order here: cdn.ca9.uscourts.gov/datasto…
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Can Idaho enforce its law protecting unborn life? In a *HUGE* Pro-life win in Idaho for @Raul_Labrador, the answer is yes, 2-1. The Ninth Circuit decides to faithfully apply Dobbs, after the district court tried to say that Roe and Casey were still good law. S/o to @ADFLegal too
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Kudos again to AG Labrador, SG Michael Zarian, and the whole team working together with ADF on this vital win for life (and the rule of law). Read the opinion here: cdn.ca9.uscourts.gov/datasto…
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Some folks accuse judges on the right of being results oriented. I am not sure that I have seen a more results-oriented outcome than in this Judge Berzon dissent, which, despite the clear language of Dobbs, says that Dobbs didn't overrule Roe and Casey.
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