I listened to the Sad Violin "podcast" this morning and all I have to say is @5DollarFeminist will always be my A#1 Law 'Splainer and good luck to those other guys in their Sartrean hellscape with No Exit.
1. Justice Clarence Thomas may recuse from the case, because of the involvement of his wife (Virginia Thomas) in some of the planning of some of the events described in the indictment (with John Eastman). That is what I would recommend to Justice Thomas, if I were his law clerk. There is no world where Justice Thomas would have ever hired me as his clerk;
2. If Justice Thomas does not recuse, I think he is the most likely to vote to grant cert, but I do not think that is even a guarantee;
3. I think Justice Alito is the next-most-likely to vote to grant cert.;
4. I think that Justice Gorsuch is the next-most-likely to vote to grant cert., but I think that is HIGHLY unlikely;
5. If there are not enough votes to grant cert., I do not know whether there will be a written dissent from the denial of cert. Justice Thomas (if he does not recuse) seems the most likely to write such a dissent; and
6. If cert. is being denied, I believe that Chief Justice Roberts will lobby the other Justices very hard not to make any record of dissent from that denial, to try to preserve the "dignity of the Court."
The only thing that I know *for certain* about the future is that it has not happened yet. We will see.
"Justice Clarence Thomas may recuse from the case, because of the involvement of his wife (Virginia Thomas) in some of the planning of some of the events described in the indictment (with John Eastman)."
Speaking of Eastman, it appears that 2/29/24 is the date by which we should know result of his hearing last fall, it’s leap year so lets take a leap of faith that justice prevails.
I listened to the Sad Violin "podcast" this morning and all I have to say is @5DollarFeminist will always be my A#1 Law 'Splainer and good luck to those other guys in their Sartrean hellscape with No Exit.
Great column.
Some additional possible permutations:
1. Justice Clarence Thomas may recuse from the case, because of the involvement of his wife (Virginia Thomas) in some of the planning of some of the events described in the indictment (with John Eastman). That is what I would recommend to Justice Thomas, if I were his law clerk. There is no world where Justice Thomas would have ever hired me as his clerk;
2. If Justice Thomas does not recuse, I think he is the most likely to vote to grant cert, but I do not think that is even a guarantee;
3. I think Justice Alito is the next-most-likely to vote to grant cert.;
4. I think that Justice Gorsuch is the next-most-likely to vote to grant cert., but I think that is HIGHLY unlikely;
5. If there are not enough votes to grant cert., I do not know whether there will be a written dissent from the denial of cert. Justice Thomas (if he does not recuse) seems the most likely to write such a dissent; and
6. If cert. is being denied, I believe that Chief Justice Roberts will lobby the other Justices very hard not to make any record of dissent from that denial, to try to preserve the "dignity of the Court."
The only thing that I know *for certain* about the future is that it has not happened yet. We will see.
"Justice Clarence Thomas may recuse from the case, because of the involvement of his wife (Virginia Thomas) in some of the planning of some of the events described in the indictment (with John Eastman)."
Oh, you sweet summer child.
Speaking of Eastman, it appears that 2/29/24 is the date by which we should know result of his hearing last fall, it’s leap year so lets take a leap of faith that justice prevails.
https://www.calbar.ca.gov/About-Us/News/News-Releases/attorney-john-eastman-charged-with-multiple-disciplinary-counts-by-the-state-bar-of-california
My thought exactly Liz. Mr Epner, I have a great amount of respect for you, but maybe you should read something about Clarence Thomas.
In my defense, the word "may" is doing a lot of work in that sentence.
I dig. When something is doing some heavy lifting it's important to remember Atlas Shrugged!
Looking forward to your next appearance!
I believe Judge Karen Henderson was appointed by George H.W. Bush, not his kid.