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Clark Neily
VP / Project on Criminal Justice. Bane of bureaucrats & lover of liberty. More Constitution, less govt.
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Clark Neily Jun 21
Thread. Our elected and appointed representatives in the criminal justice system do hundreds or even thousands of utterly unforgivable things like this in our names every single day. But we could absolutely do better—we just choose not to. Which is itself unforgivable.
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Federalist Society Jun 20
[TODAY] Courthouse Steps Decision Teleforum: Gamble v. United States Featuring Call begins at 2p ET.
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Clark Neily Jun 15
Confirm that man!
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Clark Neily Jun 11
Replying to @LidskyLidsky
I'm so happy to hear this wonderful news! Congratulations!!!
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Clark Neily May 30
Replying to @CrimeADay
Things fall apart, the center cannot hold. Mere [statism] is loosed upon the world. (I took at little poetic license there, as you may know.)
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Clark Neily May 30
The bigger, the better. But what would you expect from a Texan?
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Clark Neily May 30
Fact.
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Clark Neily May 24
Bentley: What is it, Major Lawrence, that attracts you personally to the desert? Lawrence: It's clean.
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Clark Neily May 24
I've been on a social-media hiatus for the past month, but this wonderful news is grounds for taking a hiatus from that hiatus. Congratulations, Anthony--a spectacular choice to carry the banner of judicial engagement! (Now back to my virtual cave.)
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Clark Neily Apr 14
Replying to @sheldongilbert
This would be fascinating even if the fam was not headed to Portugal for vacation tonight. Which we are. Though not, apparently, for the vultures.
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Sheldon Gilbert Apr 13
" 'It's not you, it's me.' No, scratch that. 'It's totally you, not me.' Hmm. Too informal. 'When in the course of human events...' "
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Clark Neily Apr 13
Replying to @michaelZfox
You guys probably begrudge police the 11,959 bayonets they got under DOD’s 1033 program too, don’t you? Squishes.
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Clark Neily Apr 13
I don’t believe there is such a thing as “good faith rational basis review” because the rational basis test is itself an exercise in bad faith. I mean, just look at the requirement that P “negative” every conceivable justification for the law. That is literally impossible to do.
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Clark Neily Apr 13
Yes, and most lower courts have been applying rational basis review while calling it intermediate scrutiny. I suspect that chicanery has vexed a number of the justices.
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Clark Neily Apr 13
Replying to @IHasTrees @bhrondeau
Yes, but w/o the indignation. 5 justices want a case involving an insignificant gun law in which they can send a message to lower courts to stop applying rational basis review while calling it heightened scrutiny. This case is an ideal vehicle for that. So they won’t dismiss it.
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Clark Neily Apr 13
True, but my hunch is that five justices really want to tell lower courts to stop applying rational basis review and calling it by another name in Second Amendment cases. This case presents an excellent opportunity to do that because the regulation at issue is so trivial.
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Clark Neily Apr 13
Replying to @bhrondeau
Same here, but I suspect Paul Clement will dress that up some.
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Clark Neily Apr 13
Agreed. Although in this case, “Words, words, words” would likely work equally well.
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Clark Neily Apr 13
You feel like you know exactly which 11-year-old kids need body-slamming do you?
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Clark Neily Apr 13
So now we know what it takes for a DOJ prosecutor to be meaningfully disciplined by DOJ’s Office of Professional Responsibility. You probably will *not* be surprised to learn who the aggrieved party was.
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