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#lawfed — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #lawfed, aggregated by home.social.

  1. Anyone else get Marbury v. Madison energy from the Colorado lower court decision finding that Trump did in fact engage in insurrection but that he could not be struck from ballot bc the Disqualification Clause does not apply to Presidents?

    Damns the actor, but then says can't rule against him

    #law #lawfed #lawProf #lawfedi #Trump #SCOTUS #colorado #insurrection #FourteenthAmendment #conlaw

  2. The Court decided on recklessness.

    What exactly does recklessness entail? According to #Counterman, "in the threats context, it means the speaker is aware that others could regard his statements as threatening violence and delivers them anyway."

    Kagan notes: "reckless defendants have done more than make a bad mistake. They have consciously accpeted a substantial risk of inflicting serious harm."

    #SCOTUS #SupremeCourt #TrueThreat #speech #FreeSpeech #law #lawFedi #lawFed #FediLaw

  3. #SupremeCourt's third and last decision for today is Smith v. United States,

    "Const permits retrial of defendant following a trial in an improper venue conducted before a jury from the wrong district"

    Here is the link: supremecourt.gov/opinions/22pd

    #SCOTUS #law #lawFedi #Lawprof #lawfed #retrial