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ElieNYC @elienyc.bsky.social · 2h

The case is submitted.

My prediction is that Section 2 is overturned, 6-3 Kav majority, saying that the Section 2 still *exists* but isn't allowed to do anything.

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ElieNYC @elienyc.bsky.social · 2h

Nelson says that her opponents have not done the *labor* of showing that we need to overturn precedent. They're saying they just want to "tweak" it but there's no record to support that.

"Tweak" of course, was ACB's word, not the lawyers. :)

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ElieNYC @elienyc.bsky.social · 2h

Nelson back for final rebuttal. She's going back to Milligan. I mean, Roberts and Kav are fully prepared to ignore that but, what else can she say other than "we JUST decided this guys!"

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ElieNYC @elienyc.bsky.social · 2h

They're still talking but Kavanaugh just articulated the holding and ACB said that she's not overruling precedent, she's "tweaking" it, so we are beyond done here.

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ElieNYC @elienyc.bsky.social · 2h

Kavanaugh is trying to articulate his concurrence. He's going to say that Section 2 isn't unconstitutional, just everything that Section 2 DOES is unconstitutional.

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ElieNYC @elienyc.bsky.social · 2h

Oh look, Neil Gorsuch pointing out a *legitimate* problem with the court's VRA jurisprudence. The Court says race cannot be the "predominate" factor, but Gorsuch asks "what does predominance mean?"

But, by his own admission, Gorsuch is teeing up the next case, he's made up his mind on this one.

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ElieNYC @elienyc.bsky.social · 2h

It's been over two hours now. I should really start writing instead of continuing to listen to the Republicans justify themselves. There was never a chance this would go well and it hasn't.

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ElieNYC @elienyc.bsky.social · 2h

Sotomayor pointing out that there is ample evidence that even white Democrats in Louisiana won't vote for Black candidates.

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ElieNYC @elienyc.bsky.social · 2h

Mooppan: "There's no reason to assume that because there's a large population of Democrats that don't have a district was done for *racial* reasons, and not partisan reasons."

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ElieNYC @elienyc.bsky.social · 2h

Sotomayor is putting it plainly, pointing out that Mooppan is arguing to just get rid of Section 2 of the VRA.

Instead of saying "no, not at all" (which would be a lie, but would be what Sauer would say), Mooppan is saying that we don't really need Section 2.

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ElieNYC @elienyc.bsky.social · 2h

Moopppan: "There's no reason to think that the Louisiana legislature would have done anything different if every black democrat was a white democrat."

ACTUALLY THAT DOESN'T MATTER. Because the VRA (section 2) isn't asking about INTENT it's asking about RESULTS.

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ElieNYC @elienyc.bsky.social · 2h

THE WHOLE REASON we're arguing the case this year, after it was ALREADY argued last year, is that Roberts couldn't figure out how to get away from the court's own ruling in Milligan. Now, he's figured it out.

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ElieNYC @elienyc.bsky.social · 2h

Ooh, Roberts question: he's asking Mooppan to help him distinguish Milligan from this case.

Again, Roberts thing is that Milligan is right because Alabama made stupid arguments and he can ignore Milligan now because Louisiana is making better arguments in favor of racism.

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ElieNYC @elienyc.bsky.social · 2h

Republicans are also being largely silent during Mooppan's argument. They're bored with this now. They're made their decisions and think they know how to justify it.

Democrats are still trying to point out Roberts' BLATANT HYPOCRISY, but he's gone, folks. Roberts ain't never coming back.

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ElieNYC @elienyc.bsky.social · 2h

So I like Mooppan more than Sauer (in this horrible world where i have to regularly listen to Trump's lawyers). *I think* it's because Mooppan is less intellectually dishonest than Sauer. Like, Sauer pretends that he's being reasonable while Mooppan is generally just like "we're gonna win, whatever"

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ElieNYC @elienyc.bsky.social · 2h

Lol. that was it. He was up for like 15 minutes of humiliation, and now he's gone.

Last up is Hashim Mooppan. Deputy SG for the Trump administration.

There's no real reason for the Trump admin to be here. But there's an opportunity for racism so I guess Trump wants to be involved.

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ElieNYC @elienyc.bsky.social · 3h

Roberts and Alito skipped their chance to ask questions.

Sooo... what's basically happening is that the Republicans have decided to let the Democrats absolutely dog-walk Ed Greim so they can feel better about this case that they're going to lose.

Greim, meet bus, tell me how the wheels look.

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ElieNYC @elienyc.bsky.social · 3h

It's rare in a case of this high profile that the court gives time to one lawyer from one side, and THREE lawyers from the other side.

*Technically* both sides are supposed to have equal time, so like, the 3 lawyers arguing for racism are supposed to share time. But it doesn't work out that way.

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ElieNYC @elienyc.bsky.social · 3h

Kagan is going back to the difference between Section 2 and Section 5. This would work if Roberts was an intellectually honest person. Unfortunately, Roberts hates Black people voting as much as any Klansman ever did.

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ElieNYC @elienyc.bsky.social · 3h

Louisiana: "The plaintiffs came in and said 'we want a second majority-minority district."
KBJ: "NO THEY DID NOT. They said our votes are being dilluted."
Louisiana: "That's the same thing."
KBJ: "No it's not. ... trust me on this."
:)

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ElieNYC @elienyc.bsky.social · 3h

One of my only remaining joys is that every single time Amy Coney Barrett makes a stupid argument, Ketanji Brown Jackson gets a chance to follow up and illustrate her stupidity.
And this will happen again, and again, for the rest of Barrett's life.

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ElieNYC @elienyc.bsky.social · 3h

Brett Kavanaugh is basically arguing tha there have been "sufficient remedies" for racism.

This seems like a good time to bring up the @politico.com about how young Republicans have *remedied* racism.

www.politico.com/news/2025/10...

‘I love Hitler’: Leaked messages expose Young Republicans’ racist chat

Thousands of private messages reveal young GOP leaders joking about gas chambers, slavery and rape.

www.politico.com

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ElieNYC @elienyc.bsky.social · 3h

Gotta say, it takes an *amazing* lack of shame for Louisiana to show up to the Supreme Court to make the exact OPPOSITE argument than they made last year in the same case.

I couldn't do it. But I have, you know, intellectual integrity.

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ElieNYC @elienyc.bsky.social · 3h

The thing about Kagan is that... if you show her your juglar, she's gonna go for it. :)

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ElieNYC @elienyc.bsky.social · 3h

Haaahahaha. Kagan says "in Milligan, we rejected a number of arguments. It seems to me that you just made every one of them." Then she started to list them.
... she's still listing them. :)

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