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Posts by David Daley

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The Most Offensive Thing a Supreme Court Justice Can Do Is Be Honest About the Supreme Court The legal profession has no problem with Clarence Thomas publicly railing against the evils of progressivism, as long as he doesn’t mention any colleagues by name.

At this point Clarence Thomas should be understood as a Breitbart commenter who happens to have life tenure

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The same with Shelby County, where Roberts made up a notion of equal sovereignty in Namudno, then applied his own phony doctrine as precedent to freeze the VRA

12 hours ago 3 1 0 0

It's almost like clerking for a justice who actively suppressed minority votes in Arizona, and then eviscerating the Voting Rights Act yourself!

14 hours ago 6 2 0 0
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From Res Publica to the United States of Trump This president's vulgar self-glorification is revolting to a self-governing people and must not stand

A deep dive on the history of our Roman-inspired republican symbolism and why Trump's desecrations of it are worse than merely being cringe-inducing.

21 hours ago 168 48 6 4
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Is the NC Supreme Court erasing its history? I just searched for the 2022 gerrymandering & voter ID rulings. They're not on the website. These were landmark rulings by the Democratic majority. Republicans overturned them in 2023 in an unprecedented power grab. #ncpol www.nccourts.gov/documents/ap...

23 hours ago 28 22 1 1

a vivid example. but it's the more everyday examples that are more important and insidious, especially inside the law professor world, which police allowed criticisms and too often remain silent entirlely

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Conservative Judges’ Early Hiring Fuels Two-Track Clerkship System at Harvard Law | News | The Harvard Crimson Federal judges — particularly those aligned with the conservative legal movement — are increasingly recruiting Harvard Law School students during their first year, accelerating a clerkship hiring proc...

“My understanding is that there were students in my section who, through Fed Soc, had clerkships lined up the fall of 1L,” Kaufman said. “There is no liberal student for whom that’s the case.”

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How the Supreme Court has Helped Destroy Free and Fair Elections I highly recommend a new book of essays edited by Geoffrey Stone and Lee Bollinger called "Money, Politics, and the First Amendment."   Nume...

How SCOTUS has aided and abetted the destruction of free and fair elections in America. www.dorfonlaw.org/2026/04/how-...

1 week ago 42 18 2 1

"Orban conceded so therefore Trump is no threat to US democracy" is quite the admission of not being a serious person.

Similar to "Jan. 6 didn't work so the extended two-month campaign that preceded it was not an attempted coup."

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CANNOT WAIT for this conversation tomorrow 🎉
Looking forward to hearing @audrelawdamercy.blacksky.app + @janainelson.bsky.social talk about SCOTUS, our Constitution, and what it all means for our democracy!
RSVP here: bit.ly/FairFightTog...

1 week ago 14 5 0 0
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Brett Kavanaugh’s Colleagues Are Getting Awfully Tired of Brett Kavanaugh Justice Sonia Sotomayor’s comments about the Supreme Court’s recent racial profiling case are just more evidence that Kavanaugh’s colleagues kind of hate his guts.

We are like 18 months away at most from a sitting Supreme Court justice publicly describing Brett Kavanaugh as a dummy

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‘Dark Money’ Kingpin Leonard Leo Revamps Operation Ahead of Midterms A key node in Leo’s nonprofit network quietly dissolved in January.

NEW: A makeover for Leonard Leo's "dark money" operation

Some scoopy stuff in there:

- The Concord Fund dissolved in VA in January
- The Lexington Fund gave $1M to RAGA last year
- The Yorktown Fund popped up in December

www.notus.org/money/leonar...

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And the consequences of both courts’ decisions were visible immediately—yet neither one backed down or changed course. It’s almost as if these were the outcomes they desired.

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Both courts viewed protecting the right to vote as racial entitlement that gave undue preference to Black citizens. Both disingenuously encouraged citizens to win change in state legislatures and sent them unprotected to engage with an electoral process the courts debased to benefit white status quo

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Neither the Roberts court nor the Reconstruction-era court was blind to the democratic decay and inequality its disastrous decisions unleashed. Both courts were eager to declare victory over racism and end new federal protections of the vote in the name of a color-blind society only they could see.

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Nevertheless, Cruikshank’s parallels to our contemporary era of white minority rule—itself licensed and accelerated by a Roberts Supreme Court that sides with modern revanchist forces better mannered but no less determined than their nineteenth-century forebears—are impossible to miss.

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In the annals of our legal history, meanwhile, Cruikshank, despite the predictable horrors it unleashed, rarely sits alongside Dred Scott, Korematsu, Lochner, and Plessy v. Ferguson on lists of the Supreme Court’s most shameful decisions.

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Americans’ awareness of Reconstruction is so impoverished that until 2021, the historical marker in Colfax could proclaim it the scene of a Black riot that “marked the end of carpetbag misrule in the South.”

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It is a depressingly straight line from Colfax and the Supreme Court’s negation of the Reconstruction amendments to Shelby County and John Roberts’ evisceration of the Voting Rights Act.

forummag.com/2022/08/03/c...

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In competitive authoritarianism, leaders abuse state power to tilt the electoral playing field in their favor, manipulate the media environment and minimize opposition voices, maybe even steal close elections by lying about fraud. But they usually can't overcome a large majority voting against them.

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Trump is taking on Big Shit

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maybe another sign of an authoritarian regime is when the regime leader demands attention all the time in an endless game of will he or won’t he end civilization tonight

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The fact that nobody seriously believes there is an institution in this country that will check the president—that we’re all just sitting here hoping that he gets distracted and fails to follow through on his genocidal threats—is the most damning indictment of our political system I’ve seen yet.

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Trump's Executive Order Deciding Who Gets to Vote By Mail April 1, 2026 - David Daley backgroundbriefing.org/donate x.com/ianmastersmedia bsky.app/profile/ianmastersmedia.bsky.social facebook.com/ianmastersmedia

A look at Trump’s new executive order that could give him personal control over who votes by mail, raising major concerns about election fairness. Featuring @davedaley.bsky.social, author of Antidemocratic: Inside The Right’s 50-Year Plot to Control American Elections.

2 weeks ago 3 1 0 0

This. The court may even pair the release of the ruling in favor of birthright citizenship with the one gutting the Voting Rights Act, and the usual suspects will proclaim it’s a sign of moderation

2 weeks ago 3100 849 29 16
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Democrats’ problem isn’t just messaging – it’s the electoral math | David Daley The House, Senate and electoral college maps pose the party’s biggest issue. It’s time to focus on structural changes

This was my shot at it a year ago
www.theguardian.com/commentisfre...

2 weeks ago 4 0 0 0

Totally agreed on PR, of course. to me, the importance of talking about 2032 is to create the urgency to act on these reforms right away.

2 weeks ago 4 1 1 0
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This congressman says Muslims ‘don’t belong’ in the US. How does he keep winning a district with so many? | David Daley Andy Ogles’ election victories in Tennessee are a product of an electoral system broken by gerrymandering

This congressman says Muslims ‘don’t belong’ in the US. How does he keep winning a district with so many? | David Daley

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Utah Republican petition to repeal redistricting law fails after signature removal campaign The ballot initiative received the endorsement of Trump and support from Turning Point Action.

The Republican effort to repeal Utah’s ban on gerrymandering has FAILED to qualify for November’s ballot after opponents convinced enough voters to remove their signatures.

Voters passed a gerrymandering ban in 2018, & a court replaced the GOP’s congressional gerrymander with a fairer map for 2026

3 weeks ago 87 19 4 6
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A significant portion of the court's conservative justices appear to either not understand how American elections work or actively believe in conspiracy theories surrounding them. trib.al/n57JrRB

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