Quinn Yeargain 🥥🌴
@yeargain
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@MSULaw 1855 Professor of the Law of Democracy. I teach, write, and tweet about state constitutions, elections, and criminal law. Floridian expat. (they/he)
Harrisburg, Pennsylvania
Joined January 2016
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Pinned Tweet
🚨🚨🚨 Huge, earth-shattering announcement from me: I've made a Substack!
I decided it made sense to drift away from long Twitter threads into longer-form essays, where I can talk about state-level legal developments. Follow if you'd like!
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reminder that Marsha Blackburn opposed the confirmation of Judge Andre Mathis, a Biden appointee to the Sixth Circuit, because he had three traffic tickets, which she characterized as "a rap sheet with a laundry list of citations"
If the Left can weaponize our judicial system to take down a former president, they can do it to you too.
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having a law student comment on the indictments is certainly a choice!
As a law student, seeing attorneys named as co-conspirators and threatened to have their licenses revoked only because they gave legal advice to former President Trump worries me. This is against the very nature of the American justice system I’ve long aspired to be a part of.
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First Past the Post Voting: 61% of voters cast ballots for Democrats. A Republican won.
Ranked Choice Voting:
60% of voters cast ballots for Republicans. A Democrat won.
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Gosh, it sure seems like the Court wants to constrain executive branch power in some instances and unleash it in others, depending on what better serves conservative policy goals!
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BREAKING: Oregon Supreme Court rules that voters did, in fact, vote to bar state legislators who are chronically absent from seeking re-election. Several Republican state senators who wanted to run for another term this year will be unable to.
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This is another L for Tulsi, who left the Democratic Party and immediately endorsed the hardest-right, most insurrection-friendly Republicans she could find
I’m honored to be endorsed by
@TulsiGabbard
! Tulsi is leading the political realignment to put our families & our nation 1st. This movement is about our common love for our nation, not political labels. Join us & lets take our nation back!
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Big words from someone who literally favorably cited Ben Shapiro’s “How to Debate Leftists and Destroy Them: 11 Rules for Winning the Argument” in an opinion.
Wisconsin Supreme Court liberal majority moves to limit chief justice
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Here's how bonkers this is. The Mississippi Supreme Court says that the constitution needs to be amended for one of its own provisions to be enforceable.
...but the court killed the ability of voters to amend the constitution!
So now it's *entirely* up to the legislature.
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I feel genuinely bad for the Columbia Law Review students who put together a really cool call for papers about the law of protest and then had their university administration turn the entire campus into a simulation of the topic
Columbia Law Review is now accepting abstract submissions for our Fall 2024 Symposium on the Law of Protest! Please submit your abstracts to Shaunak Puri, our current Symposium & Book Review Editor, at symposium
@columbialawreview
.org.
#LRSubmissions
@ScholasticaLR
@ColumbiaLaw
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Well, the good news for Ohio Republicans is that they both *lost* the battle to make it harder for the abortion-rights measure *and* primed the electorate to realize that they're trying to take their rights away from them
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I’m very happy to share that I’ll be joining the faculty of the Michigan State University College of Law as an Associate Professor of Law in July!
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The state constitution allows voters to initiate constitutional amendments, and organizers are required to gather signatures from five congressional districts—but there are only four districts following the 2000 census.
So, oops! No initiative process anymore.
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DeKalb County is such a fucking nightmare for the GOP; a black middle class, a shit-ton of young voters, and super high-propensity college-educated voters
A large chuck of DeKalb County (AP estimates just over 40%) is in, giving Warnock statewide lead back. He's up 50.4-49.6 with 67% of estimated vote in.
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Playing the “oh ho ho it’s not in the constitution” game sometimes, and the “ah but you see there’s actually this unwritten principle underpinning all of this” game other times
Justice Thomas: "The Constitution provides courts no power to draw districts, let alone any standards by which they can attempt to do so. ... It is well past time for the Court to return these political issues where they belong—the political branches."
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This is absolutely stunning. In the face of an outdated constitutional provision, the Mississippi Supreme Court just threw up its hands, killing the state's voter-initiated amendment process.
Opinion here:
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I went to law school with Courtney. She was actively involved in the plot to steal Georgia, which she helpfully documented in real time by posting it on her Instagram. Here’s a picture of her in the room where the fake electors met:
Republican Courtney Kramer, an attorney, has also entered the race for Fulton DA
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such a weird admission that all but concedes that (1) there are *impermissible* grounds for impeachment and (2) impeachment is tit-for-tat punishment for a lawsuit's existence
Assembly Speaker Robin Vos tells
@WisEyeLisa
he's offering Dems an "off ramp" to impeachment with his new nonpartisan redistricting model proposal.
He also explains more about how why he's asking former justices to review impeachment framework.
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North Carolina is one of the states where gubernatorial power automatically transfers to the next-in-line, which is far-right Lieutenant Governor Mark Robinson, this year's Republican gubernatorial nominee. That's bad, and it's one of the reasons Cooper rarely leaves the state.
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Ziegler: "For 40 years, the role of the Chief Justice has been understood and respected."
Yes, from 1977 to 2015, at which point, the Wisconsin Legislature made the Chief Justice accountable to the court's majority in a successful effort to strip CJ Abrahamson of her powers.
Supreme Court feud escalates as Chief Justice Ziegler vows to post court director job
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Well, my first time on national television, so nowhere to go but up!
Decent Assistant Law Professor setup. Likes trees. Nice cup. Too many black books. Tweak lighting. 8/10
@yeargain
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An update to this: I’ll be joining Michigan State not just as an Associate Professor, but also as the 1855 Professor of the Law of Democracy!
I’m very happy to share that I’ll be joining the faculty of the Michigan State University College of Law as an Associate Professor of Law in July!
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again, fundamental disconnect here between Alito and Thomas repeatedly having major ethical lapses and facing situations where they should recuse, and Protasiewicz, who is facing *impeachment* for an allegation that the state Judicial Commission dismissed as unsubstantiated
NEW: In a sharp statement attached to today's orders, Justice Alito REJECTS Sen. Durbin's call to recuse himself from a major tax case, saying Durbin "fundamentally misunderstands the circumstances under which Supreme Court Justices must work."
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A lot of governors are potential running mates for Kamala—but how would their selection affect day-to-day governance in their states? In many states, governors cannot exercise power once they leave the state, and their successor temporarily takes over. I mapped it out here. 🧵
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This case involved medical marijuana. Organizers were trying to put on the ballot an amendment to expand Medicaid. The Republican-dominated legislature seems...less than likely to go out of its way to amend the constitution to allow voters to amend the constitution.
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really quite something that the Biden campaign produced a TV ad that’s truly going viral, getting millions of views basically for free
Here's the spot, titled "For You" --
Joe Biden in navy blue Polo quarter zip to camera:
"Look, I'm not a young guy. That's no secret. But, here's the deal. I understand how to get things done for the American people"
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if it's SO objectionable for lawyers to forum shop that they risk jail time for doing so, I sincerely look forward to serious sanctions for all of the attorneys who bend over backwards to file their cases in very specific divisions of the Northern District of Texas
This is a HUGE story, and I intend to do much more with it, but I felt it important to at least lay out the contours of this story for the public in light of Burke's latest moves — and the lawyers' decision to go to the Eleventh Circuit briefly today:
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Lots to say about Loper Bright, but the idea that non-Article III entities “have no special competence in resolving statutory ambiguities” is one of the most self-important things I’ve read in a judicial opinion.
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@TimJarrellAZ
@AndrewRCraig
Yes, which is why the first words in my tweet were "first past the post voting."
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With a recount looming on the horizon, it may be helpful to quickly spell out the rules for a recount in Arizona. The process is pretty straightforward! A quick thread from me:
Maricopa County has posted final results. The last batch was 1,372 ballots that broke 63/37 for the R slate.
@AbrahamHamadeh
net 340 votes. He will go into the automatic recount trailing
@krismayes
by 510.
All counties are count complete.
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Redistricting news! A 3-judge panel just struck down 17 Michigan state legislative districts—Senate Districts 1, 3, 5, 6, 8, 10, and 11, and House Districts 1, 2, 7, 8, 10, 11, 12, 13, 14, and 26—as unconstitutional racial gerrymanders.
h/t
@RedistrictNet
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Please, call me “No Prefix”; “No Prefix Yeargain” was my father.
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This decision is one of the most flagrantly lawless, arrogant decisions I've ever read. The court gleefully refuses to follow the Florida Supreme Court's previous decisions interpreting the state Constitution—and bets that the current court won't shut it down. It may be right.
BREAKING: The 1st District Court of Appeals has reversed a lower court's ruling that Florida's congressional map violated state law.
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Turns out adding a right to make “health care decisions” to your state constitution actually includes the right to make health care decisions, as I wrote about in
@boltsmag
earlier this month:
Abortion legal again in Wyoming after judge blocks ban
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And with that, Kamala Harris finally tied John C. Calhoun’s record of most tie-breaking votes by a Vice President.
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It's actually unclear to me under New Hampshire state law how this tie vote is meant to be resolved. It's said that the General Assembly will break the tie . . . but I'm not so sure. Quick thread from me:
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If Buck wanted to screw over Boebert, this is probably the one thing he could do—and it’ll be devastatingly effective, because she loses either way.
If she gets the nomination and wins the special, she’ll either have to resign, causing another special, or delay taking office.
Ken Buck represents CO-4; Lauren Boebert, who represents CO-3, is running to replace him. If Boebert wins a special election to replace Buck she'll have to resign CO-3, creating a new vacancy. But if she doesn't run in the special she risks losing her chance to remain in Congress
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this is an absolutely disgraceful, deeply shameful thing to file. denigrating the careers, accomplishments, and scholarship of faculty members of color is just gross.
In what is perhaps the most unhinged legal complaint I’ve read filed by actual lawyers, the extremist group America First Legal issues a conspiracy theorist rant on behalf of allegedly aggrieved white men in the legal academy where ppl of color occupy a mere 20% of all faculty.
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It’s always interesting when Republicans discover the need for voting accommodations when their voters are disproportionately affected by events beyond their control.
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In 2022, following several Republican walkouts from the state legislature, which deprived the legislature of a quorum to do business, voters ratified an amendment to the Oregon Constitution that added the following language:
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Hamadeh was genuinely one of the most frightening candidates on the ballot this year. The combination of far, far right; underqualified; and bad faith is dangerous to have in an AG’s office.
This is the first time since election night where I feel comfortable saying that it’s likely that all of Arizona’s far-right slate went down.
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It's the first time since 1939 that Colorado won't have any Republicans in statewide office.
CNN: “This will be the first time since Reconstruction that Florida won’t have any Democrats in state-wide office.”
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Major props to
@gardnerphil
for running a stellar campaign in a tough district—and coming out on top against one of the most horrifying candidates running this year.
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@nickwabraham
This is amazing! I'm the Associate Director of the Yale Center for Environmental Law and Policy. I'm deeply interested in the value of democracy in making environmental decisions. I'd welcome a chance to talk with you—or anyone else at LCV or NCV—about your experiences here.
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I made a spreadsheet of every federal court in the country! It includes judges' biographical information, party control of each court, and a feature that tracks when a judge is eligible for senior status.
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this is just the modern translation of George Wallace's schoolhouse door speech
This statement by Alabama Gov. Kay Ivey saying that the legislature knows the state “better than the federal courts or activist groups” is something else.
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New from me in
@boltsmag
: Abortion-rights constitutional amendments triumphed in California, Michigan, and Vermont as anti-abortion measures look like they failed.
As always, I'm playing my usual tune: state constitutions matter ✨
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I received an email from a law professor at another school this morning that began by deadnaming me—which I assume was deliberate, given the disconnect between my deadname and my email address—and continued by suggesting I cite more of his work in an article draft I have on SSRN.
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@AnthonyMKreis
that's a good distinction! presenting a law student as a quasi-expert is definitely inadvisable. I think talking to law students about what it feels like for this to be happening as they're in law school is deeply interesting and important.
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"separation of church and state" may not appear in the Oklahoma Constitution but these words do:
It’s my firm belief that once again, the Oklahoma Supreme Court got it wrong. The words ‘separation of church and state’ do not appear in our Constitution, and it is outrageous that the Oklahoma Supreme Court misunderstood key cases involving the First Amendment and sanctioned
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If Knopp is right, and Republican legislators "literally have no reason to show up"—a ridiculously revealing view of how Republicans view governance—then a new constitutional amendment will be needed. This is no way for a modern legislative body to function.
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NEW from me in
@boltsmag
: Conservatives amended state constitutions after the passage of Obamacare to include "health care freedom" provisions. Abortion-rights advocates in Ohio and Wyoming are now using these provisions to challenge abortion restrictions.
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Regardless of anyone’s feelings about federalism or Trump’s removal from the ballot, I think it’s absolutely nuts that national candidates file for the presidency state-by-state, subject to each state’s idiosyncratic requirements. That’s no way to administer a national election.
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Oh my goodness. Today is my last class, and I stopped by my office to see this. 🥹
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Early voting is happening in Ohio for the August 8 election—with record turnout! More Ohioans have voted as of July 20 than voted early or absentee in the entire 2022 primary. But the increase in turnout isn't uniform, so I mapped out what it looks like:
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Even when Democrats win by landslide margins against unacceptable opponents, it's their fault that Republican primary voters picked that opponent.
Republican primary voters have no agency, it seems—which is giving away the game in ways that I don't think these people realize.
"Three cheers for Shapiro? Not so fast. He may have acted as if the threat posed to democracy by his opponent, Doug Mastriano, was severe, but he also helped Mastriano triumph over his more normal Republican opponents in the primary election."
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@AnthonyMKreis
As a former Executive Board member of the Emory Law Journal, I absolutely, unequivocally stand by the actions of the Board in refusing to publish this—and am quite impressed by their moral clarity and resolve. It’s not easy to push the academy on stuff like this.
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In a narrow, 3-2 vote, the New Hampshire Supreme Court REJECTS partisan gerrymandering challenge to State Senate and Executive Council districts; UPHOLDS the constitutionality of the maps under the New Hampshire Constitution.
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Something understated—a huge number of people showed up to vote in South Dakota *solely* to vote against Amendment C. There are ~35K votes in the Republican primary as of right now but ~53K in the Amendment C race. There are no statewide Dem contests! Only one leg primary!
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Very pleased to share that "Litigating Trans Rights in the States" will be published in the
@OhioStateLJ
!
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[mysterious old lady flips tarot card revealing a dude who looks exactly like Marc Molinaro losing a special election in a Biden+2 district in an ostensibly Republican-favored midterm election year]
Kevin McCarthy: is that good
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@lawindsor
@daveweigel
Sounds like they're also pretty explicitly admitting that Biden fairly won Georgia.
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Breaking: The New Mexico Supreme Court allows a Republican challenge to the state's congressional districts to proceed, holds that partisan gerrymandering is justiciable under the state constitution, and lays out a standard.
Link:
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This is only a problem because North Carolina elects its governor and lieutenant governor separately—a very silly way to do things. This problem doesn't arise in any of the other states with governors who may be on Kamala's shortlist. But it's a big risk in picking Cooper.
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NEW from me in
@boltsmag
:
Yesterday, the South Carolina Supreme Court struck down the state’s six-week abortion ban, holding that it violated the state constitution’s explicit right to privacy. Here’s my latest, which breaks down the court’s ruling:
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it's weaponizing the legal system when a wealthy, powerful white man finally faces consequences, but it's a "rap sheet" worthy of keeping someone off the federal bench when it's a Black man with traffic tickets
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he is going to torch his legacy. if anyone in his inner circle actually cares about him, they must come to this realization and do something before it's too late. he will not be remembered kindly if he blows this.
.
@GStephanopoulos
: And if you stay in and Trump is elected and everything you're warning about comes to pass, how will you feel in January?
Biden: I'll feel, as long as I gave it my all, and I did as good a job as I know I can do, that's what this is about.
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@TimJarrellAZ
@AndrewRCraig
"First past the post" refers to an electoral system in which the candidate who receives the most votes, even if it is a mere plurality, wins the election.
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Ex-felons in Florida were falsely told they could vote—then were arrested after they voted. Local prosecutors dismissed the cases, but the Statewide Prosecutor continued them. In this brief, Bob Williams and I argue that the Statewide Prosecutor's actions are unconstitutional.
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The literal language of the amendment is somewhat ambiguous, though. Read literally, "the term following the election after the member's current term is completed" would seemingly refer to the term *after* the next election.
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I'm so, so pleased to share that I've been appointed as an Assistant Professor of Law at Widener University Commonwealth Law School (
@WidenerLawCW
) beginning this summer! I can't think of a better place to continue my academic career.
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Here's a not-so-fun fact: Democrats' gain of the trifecta in Michigan is only the 𝙛𝙞𝙛𝙩𝙝 𝙩𝙞𝙢𝙚 since the Civil War that Democrats will have held the governorship and state legislature in the state.
The previous four times:
• 1891–93
• 1933–35
• 1937–39
• 1983
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I genuinely have zero idea what this means. The fear among Wisconsin Democrats is that . . . a federal court will hear a partisan gerrymandering claim? Does Rucho not exist anymore? What is this?
NEW: Wisconsin Republicans are considering passing legislative maps originally proposed by Gov. Tony Evers (D). But some Democrats are concerned that the maps could set off a major legal battle and leave Wisconsin stuck with gerrymandered districts.
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Because the text was ambiguous, the court considered voter intent. The explanation on the ballot, for example, was a pretty good indication of what voters intended. The "Yes" statement clearly said that the measure related to the "term following current term of office."
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I’m so happy that my first post-law school article has been published by the
@MoLRev
in its latest issue.
I do a deep dive into fake polls, which were likely meant to manipulate PredictIt political betting markets, and argue that they could be wire or commodities fraud.
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Following the Supreme Court's opinion in Dobbs, attention has rightly focused on state constitutions. In my latest piece for
@boltsmag
, I analyze each state (and territorial!) constitution to determine the current status of abortion rights.
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This is a genuinely revolutionary opinion. The role that voters have played in building state government capacity is massively understated, and, as I've argued before, ought to be taken into account when evaluating restrictions on direct democracy.
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Yesterday, a three-judge panel struck down Tennessee's state senate maps . . . for not consecutively numbering state senate districts?
Why is the lack of consecutive numbering a big deal—and such a big deal that the maps were invalidated? A quick thread 🧵 from me:
#NEW
: A three-judge panel has issued an injunction against Tennessee’s new state Senate map.
The panel orders lawmakers to come up with a new redistricting plan within 15 days. If they can’t meet the deadline, the court will come up with an interim plan.
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If Cooper is picked—and he'd be a great choice!—he would obviously have to leave the state more regularly. Unless he plans to come back to North Carolina really regularly, Robinson would be acting Governor for a good chunk of this year.
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@AnthonyMKreis
I'll join with you to request oral argument on why she shouldn't have granted oral argument to the other three 😊
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oh? you don’t like it when the results of a contest are overridden?
What we learned today is that you can go undefeated and win your conference championship game, but the College Football Playoff committee will ignore these results.
Congratulations to
@FSUFootball
on an outstanding season and winning the ACC championship!
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Today, in Guaranteed Republics: I discuss Kathy Hochul's argument that the New York State Senate is constitutionally obligated to vote on Hector LaSalle's nomination to the Court of Appeals.
Spoiler: Hochul is wrong.
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Cleo Fields represents Senate District 14. In a stunning coincidence, Wikipedia user "Sendist14"—who's only ever edited Cleo Fields's page—removed from his Wikipedia page any information about the time he was caught on camera stuffing cash from Edwin Edwards into his jacket. Odd!
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Republicans have a supermajority in the North Carolina Legislature, so Robinson's ability to sign legislation that Cooper would've vetoed doesn't accomplish much. But Robinson could make appointments or issue executive orders when Cooper leaves the state.
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As one of the disqualified Republican senators said yesterday, though, the outcome doesn't matter, because Republican legislators will fall on their swords and disqualify themselves to deny Democrats the ability to achieve their legislative goals.
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Since Dobbs was handed down, access to abortion in many states has gotten significantly harder. But taking the fight for abortion rights to the states has meant that voters have paid a lot more attention to what their state constitutions say and who their elected officials are.
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The court held that the language was susceptible to several different plausible—though not *equally* plausible—interpretations.
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The voter pamphlet distributed to voters included a similar explanation in the summary:
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In so doing, Joe Biden now has the 24th most judicial nominees confirmed of any President at the end of just his first year in office—leapfrogging over Abraham Lincoln, William McKinley, and George Washington.
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This is a truly excellent piece that breaks down a stunning failure of transparency on the part of courts, judges, and local governments.
After Breonna Taylor's 2020 shooting death, a wave of reforms targeted no-knock search warrants.
In Mississippi, many courts block or don't even keep search warrant records, thwarting scrutiny and oversight.
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the 8th Circuit is asking the bold questions that no one else will, like "what if the Voting Rights Act didn't exist during Republican presidencies"
#BREAKING
: In a 2-1 decision, the 8th Circuit has upheld a lower court ruling that private individuals can't bring lawsuits under Section 2 of the Voting Rights Act.
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Did you happen to interview Felicia Sonmez or
The Post interviewed 13 women journalists worldwide about the effect hate and smear campaigns have had on their careers.
Stories that might have been told — or perspectives that might have been shared — stay untold and unshared.
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Looks like VoteVets is endorsing Andy Kim—more signs that he’s starting to consolidate support.
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Just imagine hopping on Twitter to defend depriving survivors of a hate-motivated mass shooting of mental health counseling to address their very real trauma—and using the fact that the State has *always* failed to give them counseling as support for the current deprivation.
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Earlier this week,
@boltsmag
published a database I pulled together on the state supreme courts in every state. I'm always so happy to have the chance to break down how state government actually works—because it's not always obvious (or easy to find out)!
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It is absolutely nuts that Ken Paxton, one of the most corrupt officeholders in the country, has not only managed to escape ANY consequences for his criminal conduct and abuse of office, but may well successfully enact revenge tonight on EVERYONE who has ever wronged him.
.
@CoveyTX
wins 55% of the Orange County early vote, dropping
@DadePhelan
below 50% thru combined early returns in Jefferson and Orange. Overall state of
#HD21
right now:
Phelan 47.7% (8,044 votes)
Covey 47.5% (8,018 votes)
Davis 4.8% (812 votes)
#txlege
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It’s an honor to be awarded the Douglas E. Ray Excellence in Faculty Scholarship Award by my colleagues. I’m really happy that I got to begin my academic career at Widener Law Commonwealth and I’m grateful for the kindness and support that my friends on the faculty have shown. 😊
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