In the cold light of morning, I'm still completely amazed by the legal belly flop that @ThomasMoreSoc filed in the DC District Court. It's the legal equivalent of watching the butt fumble, live
EVERYTHING you could possibly get wrong in a complaint, they managed
Are the plaintiffs state legislatures?
Again
More from Akiva Cohen
So, quick rundown of the latest #Squidigation decision: It's very thorough; 36 pages of Judge Parker explaining that Powell and her merry band of fuckups lose for every conceivable reason
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
Hi, #Squidigation fans. New developments in the Michigan tentacle. Driving little man to school this morning, but we can talk about it when I get back https://t.co/m6GxK7g5T1
— Akiva Cohen (@AkivaMCohen) December 7, 2020
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
More from Law
We are live tweeting from the preliminary hearing of the Employment Tribunal case in which #AllisonBailey is suing Stonewall and Garden Court chambers.
The judge has ruled that for this hearing only, the names should remain redacted.
It is a Rule 50 Order. These particular individuals are members of Stonewall’s Trans Advisory Group and their names may well be known elsewhere. What is relevant is the messages from the group to Garden Court.
The judge states she would not make the same decision at the full hearing. This is only for the preliminary hearing.
Having dealt with the anonymity issue we now move to the main submissions in the case.
The entire first part of the hearing related to messages sent by certain individuals from the Stonewall Trans Advisory Group seeking cooperation with trans allies at Garden Court. So far all the discussion has been about whether their names must remain redacted.
— LGB Alliance (@ALLIANCELGB) February 11, 2021
The judge has ruled that for this hearing only, the names should remain redacted.
It is a Rule 50 Order. These particular individuals are members of Stonewall’s Trans Advisory Group and their names may well be known elsewhere. What is relevant is the messages from the group to Garden Court.
The judge states she would not make the same decision at the full hearing. This is only for the preliminary hearing.
Having dealt with the anonymity issue we now move to the main submissions in the case.