Richard Primus @Richard_Primus Twitter profile

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Richard Primus

7 years

Constitutional government is like playground basketball. If you care more about winning this round than about respecting your opponent in the spirit of the game, pretty soon there won't be a game at all.

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Richard Primus

@Richard_Primus

5 years

And now, a thread about smart women and misogyny. Whether or not you’re a woman on Twitter, you might know that… (1/14)

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Richard Primus

@Richard_Primus

5 years

It’s not OK. And Pam Karlan rocks. (14/14)

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Richard Primus

@Richard_Primus

5 years

Those of us whose social privileges make us not the normal targets of that garbage should practice actively remembering, day by day, that many of our colleagues face that gendered hostility all the time. And think of things we can do about that. (13/14)

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Richard Primus

@Richard_Primus

5 years

The point here, of course, is that the sick stuff was *unusual* in *my* notifications. But it was just a window into what abuse looks like on a regular basis for smart/expert/assertive women who speak up in public. (12/14)

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Richard Primus

@Richard_Primus

4 years

There’s actually an important upside when protestors in Michigan decide to fly Confederate flags. It’s clarifying. We know who they are and what they’re for.

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Richard Primus

@Richard_Primus

5 years

That kind of invective showed up when I saluted a woman who is a super-smart powerhouse of a professor, who does not apologize for who she is and what she knows, on the day she explained why the man who bragged about grabbing women by the pussy should be impeached. (11/14)

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Richard Primus

@Richard_Primus

5 years

I understand that Karlan often has a confrontational style. She’s wasn’t trying to make nice yesterday. But it’s hard to understand this flood of nasty replies as anything other than misogynistic. (8/14)

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Richard Primus

@Richard_Primus

5 years

…many women who are experts in their fields and who articulate unconventional ideas on Twitter—especially if they use humor/sarcasm or other confident/assertive/non-timid tones—are regularly insulted and otherwise verbally abused by other Twitter users. (2/14)

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Richard Primus

@Richard_Primus

5 years

Yesterday, I tweeted a compliment of Pam Karlan. She deserved it, and I stand by it. Agree with her or not, like her style or not, Karlan is one of the smartest constitutional lawyers alive. I’m writing this thread because of what happened next. (4/14)

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Richard Primus

@Richard_Primus

5 years

The U.S. Senate has sat for 230 years. Unless I’m missing something, tonight Val Demings became the third African-American woman to speak in one of its sessions. Ever.

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Richard Primus

@Richard_Primus

5 years

Also uninformed. But ignorance alone, without misogyny, doesn’t give rise to the hostility and the specific forms of invective used in these replies. (9/14)

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Richard Primus

@Richard_Primus

5 years

The replies attacking her were personal. About her appearance, her personality, her (real or imagined) personal life and sexuality. They used words that are paradigmatic terms of abuse toward women. There were pictures and GIFs. (6/14)

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Richard Primus

@Richard_Primus

5 years

After I tweeted my positive statement about Karlan, my notifications filled up with ugly replies. Lots of them. Some attacking me for speaking well of Karlan, but mostly just attacking Karlan. In ugly and non-substantive ways. (5/14)

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Richard Primus

@Richard_Primus

5 years

There were also replies asserting (just baldly asserting) that Karlan is stupid or ignorant or an incompetent professor. Which I assure you she isn’t. (7/14)

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Richard Primus

@Richard_Primus

5 years

Trash like that doesn’t usually come into my notifications in any quantity. There are people who don’t like my ideas, and sometimes people on Twitter assert that I know nothing about law. But even nasty repliers don’t usually react to me like *that.* (10/14)

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Richard Primus

@Richard_Primus

5 years

I’m a middle-aged white man. Sometimes I articulate unconventional ideas, and my tone is often assertive, and sometimes I get attacked in ways that are personal and inappropriate. But only sometimes. Most of the pushback I get is relatively civil, even on Twitter. (3/14)

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Richard Primus

@Richard_Primus

4 years

Any Michigander who holds or aspires to public leadership and who purports to value the rule of law needs to say, now and publicly, that it's not OK to use armed intimidation against officials acting lawfully, even if you don't like their actions.

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Richard Primus

@Richard_Primus

4 years

I get that it takes courage to bar entry to the VP. But the absence of that courage, in a hundred little ways, is what lets people who don’t respect the rules become a law unto themselves. I wish Mayo had modeled the right behavior. (5/5)

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Richard Primus

@Richard_Primus

2 years

Yesterday I met Judge Luttig in person for the first time, when he came to @umichlaw to be our Constitution Day speaker. A thread: (1/11)

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Richard Primus

@Richard_Primus

4 years

And now, a thread about something that the present post-election craziness says about the Trump impeachment trial, which seems like centuries ago, but which actually occurred this year. Yes, this year. (1/17)

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Richard Primus

@Richard_Primus

4 years

The decision by @VP Pence to refuse to wear a mask at the Mayo Clinic today is all too apt a symbol of some very deep and troubling problems. A short thread: (1/5)

Dan Diamond

@ddiamond

4 years

PENCE flouts Mayo Clinic policy that everyone on campus wear a mask, even as he meets with staff and a patient.

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Richard Primus

@Richard_Primus

4 years

I wish the Mayo Clinic had just said he couldn’t come in. Sorry, Mr. VP: we don’t let unmasked people into the operating theater, and right now we don’t let them in at all. Surely you understand that. (4/5)

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Richard Primus

@Richard_Primus

5 years

Reading @PeteButtigieg ’s book. He describes the town where I grew up well. But this is the sentence that brought me up short, thinking “This guy is from exactly where I’m from.”

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Richard Primus

@Richard_Primus

4 years

More deeply, he’s exhibiting the attitude that rules don’t apply to him. *Everyone else* needs to wear a mask, but he doesn’t. Why not? No practical reason; just ‘cuz I hold high office. It’s an attitude of aristocracy and out of place in a democratic republic. (3/5)

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Richard Primus

@Richard_Primus

4 years

First: Not wearing a mask sends the message that it’s OK not to wear a mask, even in a place where medical authorities order the wearing of masks. That’s bad. And irresponsible. (2/5)

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Richard Primus

@Richard_Primus

4 years

Not removing him in February at best delayed the pain. Because what’s happening now is at least as damaging as what would have happened then. And everyone should have known it. (17/17)(end)

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Richard Primus

@Richard_Primus

4 years

A president who doesn’t care about the future of his country or his party, and who is willing to commit impeachable offenses to stay in power, is also likely to be willing to break all kinds of rules to stay in office after losing an election. (8/17)

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Richard Primus

@Richard_Primus

2 years

It shouldn’t be unusual. But it is. That suggests that it’s hard, even if it shouldn’t be. Hence my respect. (11/11)

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Richard Primus

@Richard_Primus

5 years

Umm...Article I, Section 2, clause v and Article I, Section 3, clause vi of the U.S. Constitution? Will that do?

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Richard Primus

@Richard_Primus

5 years

To avoid serious damage, powerful Rs need to signal that they will not choose the President over the constitutional system. And they need to do it decisively, and fast. To tolerate tactics like yesterday’s is to invite disaster. (8/8

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Richard Primus

@Richard_Primus

4 years

Last summer a mob like today's DC mob occupied the Michigan statehouse, encouraged by President Trump. There were no consequences to the participants or to the President. Nobody gets to be surprised today.

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Richard Primus

@Richard_Primus

2 years

So without for a moment minimizing the importance of the serious disagreements I have with someone like Judge Luttig, I want to recognize and respect the character he shows in standing up for what is right here. (10/11)

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Richard Primus

@Richard_Primus

4 years

(2) An armed mob pushing its way into the state capital is a very bad thing, and every responsible leader in the state (and the national government) should say so. (Why do I need to say this?) (2/2)

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Richard Primus

@Richard_Primus

4 years

In a properly functioning constitutional democracy, "I will pardon you after you give a political speech praising me" would be career-ending. @ZekeJMiller

Zeke Miller

@ZekeJMiller

4 years

Trump has issued a full pardon to Alice Johnson a day after her speech to the Republican National Convention. He previously commuted her sentence.

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Richard Primus

@Richard_Primus

5 years

So we’re clear in advance: SCOTUS shouldn’t rule against the govt in the census case to save the Court’s legitimacy. It should rule against the govt b/c the govt’s action was flagrantly illegal. It’s also true that endorsing flagrant illegality is bad for the Court’s legitimacy.

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Richard Primus

@Richard_Primus

2 years

…for someone like Judge Luttig, it’s genuinely costly. It costs you friendships and other long-term relationships you value. It exposes you to excoriation by reference groups from whom you used to draw positive reinforcement. (7/11)

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Richard Primus

@Richard_Primus

2 years

In short, it’s a big test of character. One that way too many people have failed. (8/11)

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Richard Primus

@Richard_Primus

2 months

Fundamentally, the problem is the same as it has always been: the system is not built to withstand a Holmesian Bad Man as president.

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Richard Primus

@Richard_Primus

4 years

It can be true both (a) that @realDonaldTrump has wielded power ineffectually and (b) that it is appropriate for people to denounce his authoritatian rhetoric. Indeed, that it would be inappropriate not to. @jacklgoldsmith

Jack Goldsmith

@jacklgoldsmith

4 years

“When somebody is president of the United States, the authority is total,” says @realDonaldTrump . Heads will now explode over his authoritarian rhetoric. But the reality is that Trump, during COVID-19 crisis as before, has wielded presidential power ineffectually.

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Richard Primus

@Richard_Primus

4 years

Impeachment/removal would not have brought 11 weeks of a dangerous/desperate lame-duck President still giving orders. And it’s hard to bring totally baseless claims of voter fraud against an electorate of 100 Senators voting publicly. (15/17)

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Richard Primus

@Richard_Primus

4 years

The idea that we could avoid the pain of impeachment/removal and deal with Trump’s misconduct at the ballot box presumed that if he lost the election, he’d be out of office without the pain/crisis of impeachment/removal. And that was always naïve, as we’re now seeing. (7/17)

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Richard Primus

@Richard_Primus

2 years

For the last several months, Judge Luttig has been working with others to try to get people who voted for Trump and who have identified with the GOP to recognize the reality of the threat and to do what’s necessary to meet it. (4/11)

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Richard Primus

@Richard_Primus

2 years

Our disagreements are still deep and important. But right now we agree about some of the most important issues facing our constitutional democracy. Most of all, we agree about the threat posed by Trump and Trumpism. (3/11)

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Richard Primus

@Richard_Primus

4 years

Nobody should have thought “Trump lies/cheats/breaks things to tamper with the election in advance, but he’ll play by the rules once he’s lost.” He was never going to do that. Removing him by election was always going to involve the pain/damage/distrust we’re seeing now. (10/17)

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Richard Primus

@Richard_Primus

4 years

And if he’d been removed in February, the country would have stood up for the principle that presidents are accountable. (To say nothing of the difference for COVID, among other things.) (16/17)

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Richard Primus

@Richard_Primus

7 years

This seems like a good moment to mention that every bad thing about the Trump presidency so far was 100% foreseeable before the election.

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Richard Primus

@Richard_Primus

4 years

Because the guy who needs to be impeached for the stuff Trump was impeached for is also the guy who won’t go gracefully after he loses an election. He’ll burn the house down around him. As everyone should have known. (13/17)

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Richard Primus

@Richard_Primus

5 years

Thread: Yesterday, when I saw news of Rs in Congress “storming” the meeting their (D and R) colleagues were conducting, I didn’t tweet my first thoughts. I wanted to give myself a little time to reflect. It’s the next day now. Know what? It’s really bad. (1/8)

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Richard Primus

@Richard_Primus

4 years

2 points. (1) I have yet to hear any of Gov Whitmer's critics explain why Michigan law (MCL 30.417(d)) doesn't make perfectly clear that she's exercising lawful authority. People may not like her decisions, but I don't see a basis for the claim that she's acting unlawfully. (1/2)

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Richard Primus

@Richard_Primus

4 years

That was always a terrible argument, for lots of reasons, including first that if a president does something for which he should be removed, he should be removed; and second… (5/17)

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Richard Primus

@Richard_Primus

2 years

It’s relatively costless for someone like me to keep saying that Trump, Trumpism, and the people who enable it are threats to the Republic. I’ve been a Democrat since before I was old enough to vote. But for someone like Judge Luttig… (6/11)

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Richard Primus

@Richard_Primus

4 years

…that it’s especially weak to say that the remedy for tampering with an election should be the election itself. If he is trying to tamper with the election, the election might not be a reliable remedy. So far, this is old news. Here’s the new point: (6/17)

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Richard Primus

@Richard_Primus

6 years

It looks like more people voted in Broward County than in Wyoming and North Dakota combined.

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Richard Primus

@Richard_Primus

5 years

I signed this letter. It’s a pretty clear case.

Protect Democracy

@protctdemocracy

5 years

500+ legal scholars have signed a letter explaining: @realDonaldTrump engaged in impeachable conduct. He abused presidential power to pressure a foreign gov into helping him distort an American election. The evidence is clear. #ThisIsImpeachable

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Richard Primus

@Richard_Primus

2 years

I’d like to think I’d pass that test of character if I were called on to do so. But I don’t know that I would, because I haven’t been tested. It’s not my party that nominated and supported (and still overwhelmingly supports) Trump. (9/11)

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Richard Primus

@Richard_Primus

4 years

The point is that it was never reasonable to think the country could minimize the pain/damage/distrust attending his exit by showing him the door after an election rather than with an impeachment. (12/17)

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Richard Primus

@Richard_Primus

1 year

So we’ve now heard audio of a former president revealing national security secrets. But if you have been paying attention for the last eight years, there is nothing important about DJT that you know tonight that you didn’t already know a long time ago.

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Richard Primus

@Richard_Primus

4 years

If he’d been removed in February, there would have have pain/trauma/distrust to get through. But it wouldn’t have been worse than what we’ve got now. Right now millions of Americans are being told the election was stolen. (14/17)

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Richard Primus

@Richard_Primus

5 years

The bigger problem is it’s an attempt *by Members of Congress* to use physical disorder to block the work of Congress. That’s terrifying. And completely inappropriate. Constitutional government can’t function that way. (3/8)

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Richard Primus

@Richard_Primus

8 years

Gorsuch is qualified. D’s should confirm him as soon as Trump renominates Garland, R's confirm, and another seat opens.

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Richard Primus

@Richard_Primus

2 years

That’s hugely important. It doesn’t make my areas of disagreement with Judge Luttig go away, but it’s hugely important. And what I want to say about it most of all is this: (5/11)

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Richard Primus

@Richard_Primus

4 years

I’m glad that Lebron James @KingJames and Michael Jordan @Jumpman23 are putting up money to fight voter suppression in Florida. But why them and not @TomSteyer and @MikeBloomberg ?

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Richard Primus

@Richard_Primus

8 years

Here's mine. My mom was a refugee, and she got on a plane to NY, and when it landed she was allowed in.

Trump Hotels

@TrumpHotels

13 years

Tell us your favorite travel memory - was it a picture, a souvenir, a sunset? We'd love to hear it!

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Richard Primus

@Richard_Primus

4 years

As you’ll remember, Trump was impeached because he used his office to try to undermine the fairness/integrity of the presidential election process, by pushing a foreign government to throw (made-up) mud on Biden. (2/17)

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Richard Primus

@Richard_Primus

5 years

On the heels of AG Barr’s troubling speech to @FedSoc , here’s a thread about why I consider myself a member of the Resistance to Trump and Trumpism and what I mean when I say that I am part of this Resistance. (1/17)

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Richard Primus

@Richard_Primus

6 years

The Whitaker appointment might be illegal and it might be unconstitutional. But it's definitely anti-constitutional. Even if it's meticulously legal, it's a corrupt threat to the rule of law.

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Richard Primus

@Richard_Primus

4 years

Including by fanning distrust among his supporters and otherwise doing lasting damage to the country and its electoral system. (9/17)

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Richard Primus

@Richard_Primus

5 years

The Rs who “stormed” the SCIF know that. They’re signaling, yet again, that the President’s camp is willing to do anything—to violate any norm, to destroy any process or institution—to protect its own interests. (4/8)

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Richard Primus

@Richard_Primus

4 years

Impeachment and removal, they said, breeds mistrust and damage downstream, because pro-Trump Americans will think their guy was unjustly sacked. Elections, they said, are cleaner and more authoritative and provide better resolution. (4/17)

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Richard Primus

@Richard_Primus

2 years

For many years, Judge Luttig to me embodied so much of what I disagreed with in the world of constitutional law. I thought he was so wrong about so many things. I’m confident he’d have thought the same of me. (2/11)

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Richard Primus

@Richard_Primus

4 years

Hutzpah: Telling tens of thousands of people (or more) that they must occupy real space with strangers if they want to vote... ...while refusing to do your own job (which can easily be done at 6-ft distances, or by video conference) because there’s a pandemic on. #Wisconsin

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Richard Primus

@Richard_Primus

5 years

First, it’s a stunt aimed to distort reality. It’s supposed to make people think that Rs are being kept out of a secret D hearing, when in fact there are more than 40 Rs on the investigating committees (Intelligence, Foreign Affairs, Oversight). But that’s the least of it. (2/8)

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Richard Primus

@Richard_Primus

4 years

At the time, many people said that the President shouldn’t be impeached & removed for that; that instead, the voters should pass judgment on it in the election that was soon to come. (3/17)

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Richard Primus

@Richard_Primus

5 years

The chairman of the board of ⁦ @FedSoc ⁩ says that the 6th Amendment, whose text specifies application to criminal proceedings, applies to impeachments. He offers no argument for why. How do textualists and originalists feel about this?

CALABRESI: House Democrats Violate The 6th Amendment By Denying Trump A Public Trial

The amendment guarantees a speedy, public trial. The process being conducted violates those terms.

dailycaller.com

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Richard Primus

@Richard_Primus

7 years

Any baby born here is ours, not somebody else's. Amendment XIV, Section 1. That is all.

Steve King

@SteveKingIA

7 years

Wilders understands that culture and demographics are our destiny. We can't restore our civilization with somebody else's babies.

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Richard Primus

@Richard_Primus

4 years

May I recommend that we start saying "physical distancing" instead of "social distancing"? We actually need a lot of social closeness right now. Just at a physical distance.

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Richard Primus

@Richard_Primus

5 years

As things come to look worse for Trump, he and his supporters will resort to increasingly desperate/destructive tactics. That’s how institutions collapse. (7/8)

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Richard Primus

@Richard_Primus

4 years

I hope everyone understands we have not hit bottom with the post-election shenanigans. Trump will grow increasingly desperate and will act accordingly. The enablers who have enabled him so far will keep enabling him. It’s who they are. We’ll get there. But buckle up.

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Richard Primus

@Richard_Primus

4 years

The point here isn’t that Trump will manage to stay in office despite losing the election. I don’t think he will. His days are numbered. (11/17)

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Richard Primus

@Richard_Primus

4 years

@OrinKerr This -- except that there's also the group that saw the con early and now has forgotten, or pretends it doesn't see. (E.g., Lindsey Graham.)

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Richard Primus

@Richard_Primus

4 years

I will miss her. But I will not wonder what she would have wanted me to do.

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Richard Primus

@Richard_Primus

5 years

But in one sense what happened yesterday was *more* troubling than the Bleeding-Sumner incident: it was organized. And the people who organized it are probably not planning to stop at this point. (6/8)

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Richard Primus

@Richard_Primus

5 years

@FedSoc To me, this Resistance has two premises. Premise 1: The Trump presidency is morally repugnant and a threat to the rule of law. Premise 2: I am obligated to exert myself, above and beyond my normal level of civic engagement, to meet the threat. (4/17)

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Richard Primus

@Richard_Primus

7 years

Law students take note: client management is an important part of winning hard cases.

Donald J. Trump

@realDonaldTrump

7 years

The Justice Dept. should have stayed with the original Travel Ban, not the watered down, politically correct version they submitted to S.C.

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Richard Primus

@Richard_Primus

4 years

The list of amici in today’s GOP House members’ filing in support of Texas may be the greatest roster of constitutional shame since at least the Southern Manifesto. (1/2)

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Richard Primus

@Richard_Primus

4 years

I’m appreciating the 20th Amendment right now. #ItCouldBeWorse

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Richard Primus

@Richard_Primus

3 years

Good to see the Civil Rights Act of 1871, aka the Klan Act, being used to combat political violence. That’s what it was passed to do.

Natasha Bertrand

@NatashaBertrand

3 years

NEWS: A White House staffer and former Texas state rep are among those suing several participants of a "Trump Train" that allegedly harassed a Biden campaign bus in Texas, claiming in a lawsuit filed today that the Trump supporters violated the KKK act

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Richard Primus

@Richard_Primus

5 years

We’re not yet at Preston Brooks walking onto the Senate floor and caning Charles Sumner senseless. (5/8)

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Richard Primus

@Richard_Primus

6 years

This. Journalists: when you report on a court decision, PLEASE link to the document containing that decision. Thank you.

walter dellinger

@walterdellinger

6 years

The failure of news organizations to provide links to judicial decisions in stories about those decision continues to be inexplicable.

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Richard Primus

@Richard_Primus

7 years

This rubber stamp came in the mail today. Love it. Thanks to the responsible parties (and yes, I remember).

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Richard Primus

@Richard_Primus

6 years

Fellow liberals: I know it’s been a hard week. But two things, please. (1) Don’t blame a Deutsche Bank loan for anything about the Supreme Court, b/c it makes no sense. (2) Don’t embrace court-packing. Maybe it’s a therapeutic fantasy, but it’s a destructive way to think & talk.

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Richard Primus

@Richard_Primus

6 years

Ever wonder what you would do if your government was praising brutal dictators and ripping children away from parents who are among the most powerless and vulnerable people in the country? You’re doing it now.

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Richard Primus

@Richard_Primus

1 year

This is by far not the most important or troubling thing about the Gorsuch opinion in SFFA. But I’d prefer that senior members of the US Gov’t not use the word “bureaucrats” as a term of invective. Government is necessary, & it has to be staffed, & public service is honorable.

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Richard Primus

@Richard_Primus

4 years

I won’t be teaching on Election Day. As with previous Election Days, I encourage students to spend the day as campaign volunteers/poll workers/etc. It’s vital work, and I know from experience that you learn a ton about democracy (& lawyering) by doing it. #2020SafeElectionUMich

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Richard Primus

@Richard_Primus

4 years

The big problem w/ @VP 's saying he didn't wear a mask so he could look people in the eye & thank them isn't that he doesn't know how masks work. It's that he thinks (or thinks his audience will think) his wanting to look people in the eye could be an OK reason not to wear a mask.

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Richard Primus

@Richard_Primus

5 years

Two fundamental rules of modern con law: (1) Brown v Board was rightly decided; (2) If you come for Pam Karlan, you are likely to get your butt kicked.

Aaron Rupar

@atrupar

5 years

Pamela Karlan *is not* messing around: "Here Mr. Collins I would like to say to you, sir, that I read transcripts of every one of the witnesses who appeared in the live hearings ... I'm insulted by the suggestion that as a law professor I don't care about those facts."

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Richard Primus

@Richard_Primus

1 year

FWIW, even before the present 14/3 controversy, there were people who had written papers arguing that the President is not an officer of the United States. FWIW, none of those arguments ever made sense to me. The President is an officer of the United States.

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Richard Primus

@Richard_Primus

4 years

It has been my honor these last two days to join my fellow clerks standing watch with RBG. Leaving DC now. So much work to be done.

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Richard Primus

@Richard_Primus

4 years

So right on schedule, within 24 hours of the naming of a nonwhite nominee, here come the natural-born citizen objections. Disgust is not too strong a word.

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