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— David Pepper (@DavidPepper) November 8, 2022
Short break from Election Day to inform you: never have I seen a more thorough ass-kicking in a legal document than the amicus brief filed by Amar, Amar & Calabresi in the Moore v. Harper case.
Among many points, they point out that the central…
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“Petitioners actually lead their brief with this fake and call this sham precursor to Article I, Section 4 “crucial[]” to their argument.”
— David Pepper (@DavidPepper) November 8, 2022
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“This error is important both for its own sake and for a deeper point: Petitioners are not expert historians—alas, not even…”
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...but I remember Alito ignored the record (not the history of the Constitutional Convention, just the facts of the case) to write an opinion that suited his predilections for the “praying coach” who wasn’t fired for praying on the field; his short-term contract just wasn’t picked up.BTW, Calabresi was a co-founder of the Federalist Society. π
— David Pepper (@DavidPepper) November 8, 2022
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