Matthew Stiegler
@matthewstiegler.bsky.social
7K followers 1K following 4.5K posts
Appellate lawyer, president of Third Circuit Bar Association, former prosecutor, fellow of American Academy of Appellate Lawyers. Boring until fascism. Views here: just mine.
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matthewstiegler.bsky.social
We lose it all if we don’t unite in time.
dhnexon.bsky.social
🧵 Authoritarianism, Democratization, and Coalition Politics.

The consensus around here is, more or less, that the United States is currently a consolidating authoritarian regime controlled by a mix of reactionary populists and fascists.
matthewstiegler.bsky.social
I wish I believed this piece overstated things, but I don’t. On the mark.
harrylitman.bsky.social
There isn’t another side to the argument. Every actor in the system—from defense attorneys to Justices on the Supreme Court—recognizes what is happening. The only question is how the criminal justice system should respond.”

open.substack.com/pub/harrylit...
The Irredeemable DOJ
Why James has an even stronger case of selective prosecution than Comey.
open.substack.com
Reposted by Matthew Stiegler
vanhollen.senate.gov
These are the same kind of weasels who would’ve called George Washington & America’s revolutionaries “terrorists.” They spend their days sucking up to King Trump & demonizing peaceful protest just as some in America sought to appease King George III. 

Looking forward to No Kings Day.
Johnson describes planned No Kings rally as ‘hate America,’ ‘pro-Hamas’ gathering
Organizers largely blew off the rhetoric, but some Democrats online criticized the tone.
www.politico.com
matthewstiegler.bsky.social
Holy mackerel, it’s Richard Scarry not Richard Scary, also.
matthewstiegler.bsky.social
One of the central points of Timothy Ryback's excellent Takeover is just how close the wheels were to coming off the Nazi train right up until the moment Hitler managed to seize power.
matthewstiegler.bsky.social
matthewstiegler.bsky.social
Cover songs.

My local public radio station @wxpnfm.bsky.social is getting listeners to submit lists of the best covers ever.

For #1 I chose Crimson and Clover by @joanjettofficial.bsky.social.

I mean, obviously.

1/
Joan Jett, rock goddess
matthewstiegler.bsky.social
Would it be more efficient for everyone if the professor just gave us a list of any bad-faith conservative academic grievances he does NOT insist that we fall for? Just a thought.
matthewstiegler.bsky.social
When Mike Davis tells you what they're up to, believe him.

The title of Davis's latest piece on Federalist says it all: "Rampant DOJ Insurrection Should Lead To Massive Housecleaning, Especially In Virginia District."

In MAGA-world, "insurrection" means "independence."

"Massive Housecleaning."
The Adams lesson bears repeating. Prosecutors in the Eastern District of Virginia, like those in the Southern District of New York, are not independent. The post-Watergate myth of the so-called independent Justice Department is constitutional nonsense. Article II of the Constitution vests the executive power in a president — currently President Trump. Attorney General Pam Bondi reports to President Trump. Deputy Attorney General Todd Blanche reports to Bondi. These self-proclaimed independent prosecutors are accountable to the elected president and his Senate-confirmed subordinates, though the prosecutors are seemingly blind to that reality.

The Eastern District of Virginia is a leak-infested cesspool. If Ben’Ary is anything resembling a representation of that office, the Eastern District is in dire trouble. The administration should bring in fresh prosecutors to remove the stench of politicization that has infested the Eastern District. Only then can justice have a chance of prevailing.
matthewstiegler.bsky.social
What a treat, the Liberal Intellectual who scolded us for not accepting Ilan Wurman's good faith is back to scold us for not continuing to fall for the woke students bit.
matthewstiegler.bsky.social
The world has forgotten that, when everyone thought Hillary was going to win in 16, Shapiro wrote a piece entitled, "The Senate Should Refuse To Confirm All Of Hillary Clinton’s Judicial Nominees," arguing, "the Senate is fully within its powers to let the Supreme Court die out, literally."

Not me.
donmoyn.bsky.social
Worth bearing in mind that Shapiro is the master at turning any perceived slight into self-promotion. Did not get fired at Georgetown for calling KBG unqualified. Cancelled!
Much of this arises from the gap between his self-assessment and how other people view him.
bsky.app/profile/donm...
donmoyn.bsky.social
Shapiro wrote a being contacted by someone looking for suggestions for law school Deans. Ilya decided to apply, despite having only two years experience as an adjunct lecturer. Was "pissed off" on the fact he did not get an interview for a job he was unqualified for, blamed it on a "diversity hire"
matthewstiegler.bsky.social
Would Mascott's vote be outcome-determinative for the en banc? I haven't analyzed that carefully, but offhand I don't think it's very likely. So while the accelerated confirmation is unusual, I suspect it won't end up flipping the outcome.

/end
matthewstiegler.bsky.social
Why do I suspect she'll join in time?

1. She was confirmed on 10/9, and commissioning within 4 working days wouldn't be unusual.

2. Senate Rs rushed through her confirmation, jumping her ahead of others who'd had SJC hearings earlier. And the en banc argument is the only obvious reason why.
4/5
matthewstiegler.bsky.social
The en banc appeal is from a dist ct ruling that NJ's ban on assault rifles & large magazines doesn't violate the 2A. As @mikesacks.bsky.social and @jacobdcharles.bsky.social have posted, it has national significance because it could create a circuit split.

www2.ca3.uscourts.gov/OralArgSumma...
3/5
United States Third Circuit Court of Appeals - Oral Argument Cases
www2.ca3.uscourts.gov
matthewstiegler.bsky.social
If Mascott were to join the court after the en banc argument, she would not participate in the en banc proceeding, meaning she wouldn't get to vote on who wins.
2/5
matthewstiegler.bsky.social
I predict Jennifer Mascott will receive her commission and become a Third Circuit judge by Wednesday, in time to participate in the en banc case being argued that morning.

She hasn't received it yet, according to CA3's and FJC's websites.
1/5
matthewstiegler.bsky.social
Nobody can compel the justices to write opinions, just like nobody can force them to rule lawfully or act ethically.
matthewstiegler.bsky.social
Step one is getting through this. But let us resolve that, one day, the other side will bitterly accuse us, even once, of doing everything in our power.
kylegriffin1.bsky.social
Sens. Schumer, Merkley, Murray, and Peters are calling for the resignation of OMB Director Russell Vought.

"By impounding billions of dollars … and aggressively pursuing the illegal use of pocket rescissions, Vought has done everything in his power to gut the federal government piece by piece."
matthewstiegler.bsky.social
Neither external requirement nor mere courtesy. More like self-preservation. They’re how judges establish their own legitimacy, and how appellate courts inform lower courts and the public.
Reposted by Matthew Stiegler
grahamformaine.bsky.social
We have armed secret police kidnapping people off the street based on the color of their skin.

When we win: we will haul them before a Senate committee. The masks will come off. There will be consequences.
matthewstiegler.bsky.social
As if Trump could care any less if Scotus writes shadow docket opinions or not.