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David Daley

@davedaley

Author, "Antidemocratic," "Ratf**ked," "Unrigged." Likes democracy, Boston College basketball

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09.11.2024
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Latest posts by David Daley @davedaley

Ha, I'll answer that! The robed partisans prefer the political result of this decision.
(And I say this being no fan of the D's NY gerrymander.)

04.03.2026 17:47 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Rethinking Preclearance in the Age of Trump #ELB With Monday’s shadow docket decision in Malliotakis v. Williams, the Staten Island NYVRA case, the Supreme Court has doubled-down on its resistance to lower courts issuing preliminary injunctions agai...

In a new Election Law Blog, I argue that, in prepping for a post-Trump world, we need to re-think preclearance. Using the mid-decade redistricting fights as an example, the post argues that DOJ should be sidelined and/or courts given power to review preclearance grants.

electionlawblog.org?p=154611

04.03.2026 15:33 πŸ‘ 1 πŸ” 2 πŸ’¬ 0 πŸ“Œ 0

Clock is steadily ticking making it impossible for states to draw new districts in response to a Callais ruling before candidate filing deadlines for the 2026 primary elections. Already too late in many states!

04.03.2026 15:09 πŸ‘ 25 πŸ” 10 πŸ’¬ 2 πŸ“Œ 0

reading over Malliotakis v. Williams and lowkey think New York courts/the NY Redistricting Commission should be like...since the Supreme Court clearly lacked jurisdiction to intervene in the case at this time, we are treating it as the nonbinding advisory opinion that it is, thanks for the input tho

03.03.2026 21:01 πŸ‘ 967 πŸ” 218 πŸ’¬ 17 πŸ“Œ 20
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Ex-NC Lawmaker Gets Probation For Campaign Money Scheme A former North Carolina state lawmaker was sentenced Tuesday to probation and ordered to pay a fine for an unlawful scheme to siphon campaign dollars to his family farm.

Not quite as good as being convicted in a corruption scheme like David Lewis, the architect of the last several anti-democratic NC gerrymanders, but couldn't happen to a nicer guy.

www.wunc.org/politics/202...

04.03.2026 02:30 πŸ‘ 6 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Wild that the king of the North Carolina gerrymander, strongman Phil Berger, looks like he is cooked in the GOP state legislative primary.

04.03.2026 02:25 πŸ‘ 95 πŸ” 11 πŸ’¬ 3 πŸ“Œ 5

The rule is perfectly clear: Heads, Republicans win. Tails, Democrats lose.

03.03.2026 00:15 πŸ‘ 17 πŸ” 7 πŸ’¬ 0 πŸ“Œ 0

Emmet is an icon and hero, this is terrific

02.03.2026 16:24 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The MAGA Plan to Take Over TV Is Just Beginning

Who is behind the attacks on Kimmel, Colbert and Late Night tv?

Daniel Surh Center for American Right - former Federalist Society, Leonard Leo staff.

No paywall

archive.ph/FK1Sj

www.nytimes.com/2026/01/12/m...

01.03.2026 16:00 πŸ‘ 19 πŸ” 12 πŸ’¬ 1 πŸ“Œ 0
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You Guys Look Miserable The Supreme Court’s silliest annual tradition: a handful of justices white-knuckling their way through a two-hour State of the Union without changing their facial expressions.

Please do not mistake this as sympathy for Supreme Court justices, but it's a very funny quirk of our politics that at the State of the Union, they are expected to just sit there for two hours without making any facial expressions, even when Trump looks directly at them and tells them they suck

27.02.2026 17:52 πŸ‘ 134 πŸ” 18 πŸ’¬ 11 πŸ“Œ 2
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Supreme Court Says You Can’t File Tort Suits Against Postal Carriers Who Won’t Deliver Mail to Black People According to Clarence Thomas, mail that your mail carrier steals from you is really just β€œlost,” if you think about it.

You can't sue the government if postal workers accidentally drop the glassware you ordered or lose a letter from your pen pal

The Supreme Court ruled yesterday that this means you also can't sue if postal workers refuse to deliver your mail because you're Black

ballsandstrikes.org/scotus/posta...

25.02.2026 14:12 πŸ‘ 2436 πŸ” 1105 πŸ’¬ 193 πŸ“Œ 194
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perhaps I have made a mistake

25.02.2026 02:10 πŸ‘ 5419 πŸ” 758 πŸ’¬ 401 πŸ“Œ 179
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This is all John Roberts' fault

21.02.2026 00:04 πŸ‘ 15 πŸ” 4 πŸ’¬ 0 πŸ“Œ 0
If "It Takes a Theory to Beat a Theory," Originalism Loses Justice Antonin Scalia, who died 10 years ago this month, was fond of saying over and over again that β€œit takes a theory to beat a theory.”...

There is no longer a serious metric or common definition to understand how originalists would approach hard constitutional cases. Originalism is much more of a political identification than a theory of constitutional interpretation. www.dorfonlaw.org/2026/02/if-i...

24.02.2026 16:33 πŸ‘ 18 πŸ” 7 πŸ’¬ 4 πŸ“Œ 0
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Republican Judges Are Using Imaginary Voter Fraud to Empower Real Voter Suppression Fifth Circuit Judge Edith Jones says mail-in balloting is a β€œrich field for fraud” in Texas. The numbers tell a different story.

In LUPE v. Abbott, a federal appeals panel of three Republican judges insisted that voter fraud is a huge problem that states have every right to solve by punishing voters and the people who assist them

citation is...very much needed

ballsandstrikes.org/law-politics...

23.02.2026 17:58 πŸ‘ 183 πŸ” 64 πŸ’¬ 8 πŸ“Œ 5

My "hot take" on the tariff decision is that Justice Alito would never stay silent amid a full-on SCOTUS food fight (which the many squabbling concurrences & dissents reflect), unless he was busy cooking up something else nefarious & genuinely awful in which he is writing for the majority.

Sorry.

22.02.2026 22:49 πŸ‘ 1391 πŸ” 274 πŸ’¬ 72 πŸ“Œ 15
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The Lesson Of Neil Gorsuch The justice’s tariff-decision concurrence underscores a broader truth: The Supreme Court is no less political β€” or conniving β€” than everyone else in power.

I'm currently reading @davedaley.bsky.social's "Antidemocratic," in which he shows pointedly how true it is that #SCOTUS is SUFFUSED with politics, not above it. Much of that revolves around the Federalist Society, which is MUCH more than a "debating society".
www.levernews.com/the-lesson-o...

22.02.2026 19:25 πŸ‘ 2 πŸ” 1 πŸ’¬ 1 πŸ“Œ 0

Trump getting rid of Roberts, then Dems winning Senate control in midterms, so seat remains vacant until AOC appoints @audrelawdamercy.bsky.social Chief Justice would be just the perfect answer to how McConnell got us into this mess in the first place.

21.02.2026 13:02 πŸ‘ 147 πŸ” 13 πŸ’¬ 3 πŸ“Œ 3

Nah, they just sided with daddy Leonard Leo instead of daddy Trump

21.02.2026 15:49 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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21.02.2026 13:16 πŸ‘ 18 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Putting on my political theorist hat, what you're seeing here is someone with considerable power protecting and reinforcing the institution which empowers him. The power of SCOTUS is Katyal's power because he plays by its rules, so he'll exert effort to legitimate that power with claptrap like this.

21.02.2026 12:00 πŸ‘ 436 πŸ” 59 πŸ’¬ 13 πŸ“Œ 5

"The architect of the current Court β€” the Federalist Society’s Leonard Leo β€” was behind the litigation that undid the tariffs. That tells you all you need to know."

20.02.2026 23:19 πŸ‘ 230 πŸ” 75 πŸ’¬ 12 πŸ“Œ 3
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Utah Supreme Court rejects legislature's request to halt new map The Utah Supreme Court has rejected the legislature's request to halt the new congressional map from being implemented.

The Utah Supreme Court has rejected the GOP-led legislature's attempt to prevent the state's new congressional map from being used this year. The new map gives Democrats a strong chance to flip a GOP-held seat.

21.02.2026 00:17 πŸ‘ 236 πŸ” 66 πŸ’¬ 2 πŸ“Œ 4

The ”major questions doctrine” is as made-up as the β€œequal sovereignty doctrine” that Roberts fabricated in Shelby County.

20.02.2026 23:29 πŸ‘ 3 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0

Roberts Court Decoder Ring:

When it comes to corporations or the Epstein Class:
Rule of law for me; rule by law for thee

Stop keeping score by Trump’s W/L, but by the W/L record of those who spent billions to capture the court. You don’t need to be a ConLaw professor; just look out the window.

20.02.2026 17:09 πŸ‘ 89 πŸ” 26 πŸ’¬ 1 πŸ“Œ 3
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John Roberts’ Rebuke of Trump’s Tariffs Is Withering, Confident, and Genuinely Encouraging In truth, Trump’s tariffs were always on shaky legal ground

1. Trump's global tariffs were always on shaky legal ground.
2. Still heartening that Roberts, Gorsuch, & Barrett had the spine to say they're illegal.
3. The liberals held on the line on major questions!
4. Kavanaugh's dissent is an abomination.
5. Thomas' is even worse!
slate.com/news-and-pol...

20.02.2026 17:13 πŸ‘ 857 πŸ” 253 πŸ’¬ 50 πŸ“Œ 16

There's three votes for anything on the supreme court. If trump said "I'm the god-king of arrakis" he'd get three votes and a lengthy opinion about the long history and tradition of english common law with regards to the spice melange

20.02.2026 15:41 πŸ‘ 5477 πŸ” 949 πŸ’¬ 92 πŸ“Œ 39

issuing a correction on this. it isn't just the justices' portfolios, importantly, it is also those of the billionaires with business before the Court who are constantly giving the justices massive bribes. I regret the error

20.02.2026 16:07 πŸ‘ 230 πŸ” 50 πŸ’¬ 2 πŸ“Œ 0