Joe DeMartin's Avatar

Joe DeMartin

@joedemartin

Davidson College 2021 Rising 3L at AUWCL Working to safeguard and expand the franchise

106
Followers
241
Following
113
Posts
21.11.2023
Joined
Posts Following

Latest posts by Joe DeMartin @joedemartin

I agree, quite apart from the merits of the case. Alito could only defend the Supreme Court's authority to intervene by grievously misrepresenting the facts. The reality is that there's no plausible argument SCOTUS had the power to do what it did. Why didn't that matter to six justices?

04.03.2026 16:04 πŸ‘ 1516 πŸ” 444 πŸ’¬ 32 πŸ“Œ 13

I would feel the same way if the Supreme Court issued a "liberal" shadow docket decision halting a conservative lower court order when it clearly lacked authority to do so. This is pretty basic stuffβ€”it's hard to say SCOTUS is still functioning as a court when it acts without jurisdiction.

04.03.2026 16:09 πŸ‘ 325 πŸ” 32 πŸ’¬ 5 πŸ“Œ 2

It also underscores the issue with the shadow docket that we don’t *actually* know the reasoning the majority used to claim it had jurisdiction.

We know what Alito’s thoughts were but are those shared by the majority of justices? Who’s to say?

04.03.2026 16:21 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

See also: bsky.app/profile/brad...

04.03.2026 03:07 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Hypocrisy of Roberts Court is astounding: they’re inventing one set of rules to uphold gerrymandered maps that benefit white voters & Republicans in states like Texas while using a completely different set of rules to strike down maps that benefit racial minorities & Democrats

03.03.2026 00:09 πŸ‘ 307 πŸ” 143 πŸ’¬ 8 πŸ“Œ 7

β€œ[T]he use of an unconstitutional district in the November election and the election of a Member of the House of Representatives whose entitlement to the office would be tainted. That is a prospect this Court should not countenance.”

The gall of Alito to write this…

03.03.2026 01:01 πŸ‘ 2 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
SUPREME COURT OF THE UNITED STATES
No. 25A914
NICOLE MALLIOTAKIS, ET AL. v. MICHAEL WILLIAMS, ET AL.
ON APPLICATION FOR STAY
No. 25A915
PETER KOSINSKI, ET AL. v. MICHAEL WILLIAMS, ET AL.
ON APPLICATION FOR STAY
[March 2, 2026]
The applications for
stay presented
to
JUSTICE
SOTOMAYOR and by her referred to the Court are granted.
The January 21, 2026 order entered by the Supreme Court of the State of New York, New York County, Index No. 164002/2025, is stayed pending the disposition of the appeal in the New York state courts and disposition of a petition for a writ of certiorari in this Court, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court.

SUPREME COURT OF THE UNITED STATES No. 25A914 NICOLE MALLIOTAKIS, ET AL. v. MICHAEL WILLIAMS, ET AL. ON APPLICATION FOR STAY No. 25A915 PETER KOSINSKI, ET AL. v. MICHAEL WILLIAMS, ET AL. ON APPLICATION FOR STAY [March 2, 2026] The applications for stay presented to JUSTICE SOTOMAYOR and by her referred to the Court are granted. The January 21, 2026 order entered by the Supreme Court of the State of New York, New York County, Index No. 164002/2025, is stayed pending the disposition of the appeal in the New York state courts and disposition of a petition for a writ of certiorari in this Court, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court.

JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and
JUSTICE JACKSON join, dissenting from grant of stay.
The Court's 101-word unexplained order can be summarized in just 7: "Rules for thee, but not for me." Time and again, this Court has said that federal courts have limited jurisdiction. Time and again, this Court has said that federal courts should not interfere with state-court litigation.
Time and again, this Court has said that federal courts should not meddle with state election laws ahead of an elec-tion. Today, the Court says: except for this one, except for this one, and except for this one. Ignoring every limit on federal courts' authority, the Court takes the unprecedented step of staying a state trial court's decision in a re-districting dispute on matters of state law without giving the State's highest court a chance to act. Because that order violates basic principles of jurisdiction, federalism, and equity, I respectfully dissent.

JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and JUSTICE JACKSON join, dissenting from grant of stay. The Court's 101-word unexplained order can be summarized in just 7: "Rules for thee, but not for me." Time and again, this Court has said that federal courts have limited jurisdiction. Time and again, this Court has said that federal courts should not interfere with state-court litigation. Time and again, this Court has said that federal courts should not meddle with state election laws ahead of an elec-tion. Today, the Court says: except for this one, except for this one, and except for this one. Ignoring every limit on federal courts' authority, the Court takes the unprecedented step of staying a state trial court's decision in a re-districting dispute on matters of state law without giving the State's highest court a chance to act. Because that order violates basic principles of jurisdiction, federalism, and equity, I respectfully dissent.

BREAKING: SCOTUS blocks New York state court redistricting order, over the strong dissent of the Democratic appointees.

02.03.2026 23:20 πŸ‘ 1852 πŸ” 738 πŸ’¬ 63 πŸ“Œ 221
Preview
Breaking: Supreme Court Reverses Lower Court Order That Redrew Congressional Map in Staten Island, with Ominous Implications for Voting Rights Act #ELB I’m on the road so this will be brief. The Supreme Court over the dissent of the three liberal Justices reversed a lower court order requiring the drawing of a minority opportunity district that the l...

Breaking: Supreme Court Reverses Lower Court Order That Redrew Congressional Map in Staten Island, with Ominous Implications for Voting Rights Act electionlawblog.org?p=154596

02.03.2026 23:57 πŸ‘ 241 πŸ” 139 πŸ’¬ 13 πŸ“Œ 20

Was wondering this too… do you think they’d release NY-11 before Callais and tip their hand?

27.02.2026 20:10 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

It’s a direct appeal to Alito, Thomas, Kavanaugh, Roberts, and Barrett.

26.02.2026 23:05 πŸ‘ 5 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

The Conference of Catholic Bishops is... not playing around in this brief.

www.supremecourt.gov/DocketPDF/25...

26.02.2026 20:54 πŸ‘ 3270 πŸ” 1093 πŸ’¬ 117 πŸ“Œ 138
What the Roberts Court Is Actually Trying to Accomplish
It’s not about Trump.
By Sarah Isgur

What the Roberts Court Is Actually Trying to Accomplish It’s not about Trump. By Sarah Isgur

Spiritually, you already knew, right

24.02.2026 19:18 πŸ‘ 151 πŸ” 4 πŸ’¬ 8 πŸ“Œ 0

holy shit hahahahhaha

24.02.2026 19:22 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

People actually rely on him and the family separation woman for their legal news and analysis.

23.02.2026 13:37 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

It will be a public service.

21.02.2026 19:42 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Kagan explains this in detail in her concurrence too lmao. So embarrassing.

21.02.2026 19:13 πŸ‘ 5 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Kagan literally writes this explicitly in her concurrence… it’s basic reading comprehension.

21.02.2026 18:55 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

The establishment legal press corps’s willingness to accept Sarah Isgur’s desperate rebrand as a Thoughtful Legal Pundit media personality remains mystifying and embarrassing

21.02.2026 18:37 πŸ‘ 265 πŸ” 46 πŸ’¬ 18 πŸ“Œ 1
Post from Sarah Isgur responding to a critique of Thomas, Alito, or Kavanaugh on the other site:

β€œPerhaps a fair pointβ€”after all they voted to strike down Biden's student loan debt forgiveness. But then what do you think of Kagan, Sotomayor, and Jackson? They, of course, voted to uphold Biden's debt forgiveness.”

Post from Sarah Isgur responding to a critique of Thomas, Alito, or Kavanaugh on the other site: β€œPerhaps a fair pointβ€”after all they voted to strike down Biden's student loan debt forgiveness. But then what do you think of Kagan, Sotomayor, and Jackson? They, of course, voted to uphold Biden's debt forgiveness.”

Checking in on Dispatch SCOTUS Blog for more neutral very well informed very smart commentary.

21.02.2026 18:31 πŸ‘ 78 πŸ” 4 πŸ’¬ 4 πŸ“Œ 7

i also think if you’re going to write a piece about the court’s independence from Trump you might want to include some data about how often they have sided with him *this* term

21.02.2026 16:55 πŸ‘ 945 πŸ” 42 πŸ’¬ 14 πŸ“Œ 0

personally I think the New York Times’ chief legal correspondent should know that the court was not a 6-3 conservative majority during Trump’s first term

21.02.2026 16:52 πŸ‘ 2629 πŸ” 334 πŸ’¬ 39 πŸ“Œ 19

jfc that's embarassing

21.02.2026 16:55 πŸ‘ 7 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
With New Momentum, Republican States Push Broader Limits for Trans Americans In states that once focused mainly on health care and sports for transgender minors, debates now revolve around the validity of transgender identity.

With New Momentum, Republican States Push Broader Limits for Trans Americans In states that once focused mainly on health care and sports for transgender minors, debates now revolve around the validity of transgender identity.

The subheadline on this NYT piece is going to turn me into the Joker.

Like... this... is exactly what trans people have been saying was going to happen for years.

21.02.2026 15:59 πŸ‘ 8052 πŸ” 2217 πŸ’¬ 63 πŸ“Œ 204

John Roberts used a fake "doctrine" to manufacture the outcome he wanted generate precisely these headlines / this coverage.

21.02.2026 13:25 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

This is the first time in a while that I’ve actually listened to him for more than :30 and holy shit this is incomprehensible babbling.

20.02.2026 18:35 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

John Roberts has somehow created a regal impunity, in a republic nonetheless influenced by British common law, stronger than that enjoyed by the British royals themselves. In-f’ing-credible.

19.02.2026 10:44 πŸ‘ 1463 πŸ” 384 πŸ’¬ 21 πŸ“Œ 12

That movie has soured me on basically any new Star Wars project. I can’t bring myself to watch.

I remember sitting with my brother in the theater sharing the distinct feeling of what the hell did we just witness.

Incoherence and incompetence at every artistic level.

18.02.2026 20:47 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
Preview
The Supreme Court Forgot to Scrub the Metadata in Its Trump Ballot Decision. It Reveals Something Important. What happened? Most obviously, the Supreme Court rushed out this opinion and forgot to check the metadata.

Worth recalling that it wasn’t as 9-0 as it may have seemed. slate.com/news-and-pol...

slate.com/news-and-pol...

17.02.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
Preview
β€œNot Ready for Prime Time.” A Federal Tool to Check Voter Citizenship Keeps Making Mistakes. The Department of Homeland Security pushed out the revamped tool while it was still adding data. That led to widespread misidentification, particularly for citizens born outside the U.S.

The Department of Homeland Security has had to correct information provided to at least five states after its SAVE voter tool misidentified some voters as noncitizens, according to correspondence between state and federal officials.

With @texastribune.org

15.02.2026 02:00 πŸ‘ 1821 πŸ” 902 πŸ’¬ 76 πŸ“Œ 89

Repeat after me:
An executive order is not a royal edict; it is not law. It is a direction to the executive branch as to how to carry out the law.

Also:
Key parts of Trump's last EO on elections have been stopped by federal courts, ruling that the President has no role to play in federal elections

13.02.2026 22:17 πŸ‘ 1785 πŸ” 607 πŸ’¬ 35 πŸ“Œ 12