Patrick Jaicomo
@pjaicomo
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Civil rights litigator at the Institute for Justice. Lover of freedom. Fighter of bullies. (All my tweets have typos and express my own views.)
Arlington, VA
Joined May 2019
ATTN: LAW REVIEWS My @IJ colleague Daniel Nelson & I have submitted our article "Section 1983 (Still) Displaces Qualified Immunity." Building on the work of @WilliamBaude & @aar718, we trace the history of #QualifiedImmunity and import of its lost "Notwithstanding Clause." 1/
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@legalstyleblog I think that's true. But given how thin the early precedent is, it seems like the plain language of Article III should control. Especially, post-Marbury. (Either way, Congress hasn't even *tried* to do this, so the point is moot.)
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Is Kendrick really not going to do say “Bing-bop-boom-boom-boom-bop-bam”?
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@Freedom10792732 @seanmdav They could not be eliminated while occupied. They could be eliminated once vacated. But eliminating seats is not the same as eliminating courts. (And the Supreme Court is not even covered by the “ordain and establish” clause.)
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@Freedom10792732 @seanmdav It can restructure. But it cannot eliminate the position of a judge once invested with the judicial power of Article III.
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@Freedom10792732 @seanmdav It means that Congress has the ongoing power to ordain and establish additional inferior courts by, e.g., creating new circuit and district courts.
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@Freedom10792732 @seanmdav The words are pretty clear. Eliminate is not among them. Certainty, Congress cannot eliminate judicial offices that are currently occupied.
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It does mean that, when the question is one within the judicial power, the lowest member of the judiciary has MORE power than the President and a majority of Congress. That’s the point. Or it’s supposed to be. Unfortunately, the system in practice works as you seem to prefer.
BEHOLD, THE CONSTITUTIONAL SEPARATION OF POWERS: - Legislative Branch: “The President can just do whatever.” - Executive Branch: “The courts will stop me if this is wrong.” - Judicial Branch: “We defer to Congress and the President.”
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@renegoupillaud @CatoOnLaw If you feel that way, I would encourage you not to apply for the position.
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And as of 2023 - more than a decade after all this came to light - she was still employed by St. Paul, making $140,000 a year as a sergeant. (The average St. Paul employee made $56,000 a year on 2023.)
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Oh wow, more prosecutorial malfeasance? Well, I’m sure these unnamed prosecutors were punished or held accountable somehow. Sure, there’s #ProsecutorialImmunity. But we can always rely on the state bar and other prosecutors to keep these powerful gov’t workers in check.
Prosecutors “purposefully manipulated evidence,” a lawmaker says. Now, the state is trying to make amends with a $5.4 million compensation plan to three wrongfully convicted men:
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