Right after Justice Kennedy retired, #SCOTUS materially shifted its Eighth Amendment jurisprudence, moving away from a test tied to "evolving standards of decency," and toward a static assessment of what was cruel and unusual in 1791. That shift will matter a *lot* if there's a challenge in Hasan.

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This is cool idea. Know what would be cooler? Live televised and audio of SCOTUS oral arguments and decision reading.

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So I edited this story. And I wanna share on thought on language, & telling the truth We talked about: the "government is lying to you" It may sound saucy. It may sound like opinion But it's just true And if something is true then you should just say it, clearly That's just good journalism

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Sure, Alito could get stuck with no ability to retire and get a like-minded replacement. That said, this certainly could be seen as public comments made to give Senate Republicans a talking point in their effort to keep the Senate in Republican control. news.bloomberglaw.com/us-law-week/...

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A victory for the government in this case would greenlight long-term mass civil detention at a level not seen since Japanese internment during WWII. It would represent the largest change in how the US treats immigrants facing removal since 1996, and remind us again that the 96 law must be erased.

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