Look on the Bright Side!!!

I’ve thought of some bright sides regarding the news that Elana Kagan is Obama’s pick to replace Stevens:

  • If ever SCOTUS needs money, Elana Kagan is a great fundrasier!
  • Imagine how it’ll make Republican heads explode when they realize Hamdan lawyer Neal Katyal may be Acting Solicitor General.
  • Given that Republicans will try to oppose Kagan on perceived sexual orientation, it’ll make potential gay bashing of Vaughn Walker over the Prop 8 trial much less effective and–assuming Kagan is confirmed–potentially counter-productive for the haters.
  • Next time someone has to defend the material support statute before SCOTUS, she probably won’t go so far as saying even lawyers who defend those accused of terrorist related crimes materially support terrorism.
  • Girls. Three of them. On SCOTUS. Just two more to go and we’ll have our fair share.

Got a bright side to the Kagan nomination? Put it in comments.

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Emptywheel Twitterverse
bmaz Hateful Eight looked killer; great writeup from Kim RT @SunsetGunShot Thoughts on The Hateful Eight live read http://t.co/JnaJqVs559
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bmaz @laRosalind The red is the best color on the Tesla. Would look even better on the Jaguar Musk STOLE his body design from.
28mreplyretweetfavorite
bmaz @BradMossEsq @SpyTalker At any rate, this is minuscule in relative scope, but helpful in showing there can be a deal cut.
33mreplyretweetfavorite
bmaz @BradMossEsq @SpyTalker Whether it is successful, or to what extent, who knows. But it is usable infer and precedent for fashioning the arg.
43mreplyretweetfavorite
bmaz @BradMossEsq @SpyTalker Irrespective, you get there by making arguments; I could sure fashion this and other cases into one.
44mreplyretweetfavorite
bmaz @SpyTalker That is a completely different criminal jurisdiction. Also, a defense atty has to try everything he can. I'd find this useful.
45mreplyretweetfavorite
bmaz @SpyTalker Is it a "winning" argument, no of course not; is it useful for mitigation, absolutely.
51mreplyretweetfavorite
bmaz @SpyTalker What displays is govt can move downward on such charges, there IS precedent; and there are many other instances too.
52mreplyretweetfavorite
bmaz @SpyTalker They are not in scope. But if you look at general overview, both involve removal of class info, both charge espionage etc.
54mreplyretweetfavorite
bmaz @SpyTalker also, stop calling me Shirley!
1hreplyretweetfavorite
bmaz @SpyTalker Mostly, yes. But it fits into an overall defense theme I've had in mind for a while as far as plea and sentencing.
1hreplyretweetfavorite
bmaz RT @MikeScarcella: Then: Six felony counts (three under Espionage Act). Now: One misdemeanor http://t.co/G2oKpbHl2h New charging doc: http:…
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