David French and David Lat discuss a range of interesting topics, including partisan gerrymandering, courtroom cameras, Wisconsin's judicial elections, Alabama's redistricting wars, and Elon Musk's crusade against the ADL. Exciting news from Sarah Isgur and updates on Purdue Pharma are also covered.
Wisconsin's popular election of judges raises concerns about power politics and potential undermining of election outcomes.
The three-judge panel ruling in Alabama highlights the legislature's defiance of the Supreme Court and the ongoing redistricting wars.
Elon Musk's controversial tweets and threats against the ADL demonstrate the complexities and limitations of defamation lawsuits.
Deep dives
Wisconsin Supreme Court Drama
Wisconsin is testing the idea of popular election of judges to the extreme. A more progressive candidate beat a conservative in a closely watched election, leading to tension and drama within the Wisconsin Supreme Court.
Alabama Redistricting Case
The three-judge panel in Alabama ruled that the legislature must draw a new remedial map that includes an additional opportunity district. The legislature defied the Supreme Court, leading to this ruling.
Elon Musk and Twitter
Elon Musk's recent tweets about Twitter's advertising revenues and the Twitter blue verification system have caused controversy. The ADL has criticized the platform for hosting anti-Semitic content and called for action against it.
Threats to Impeach a Justice
In a post-Dobs election, Janet Protessowitz won as a progressive justice in Wisconsin, causing tensions among GOP leaders who are now threatening to impeach her. Impeachment of a justice in Wisconsin requires only a simple majority vote by the GOP-controlled state assembly, making it an easy process. However, if the trial on the impeachment is not held, the justice remains indefinitely suspended, creating a sort of permanent limbo. This situation raises concerns about power politics and the undermining of election outcomes in favor of personal agendas.
Defamation Lawsuit Threat
Elon Musk has threatened to sue the Anti-Defamation League (ADL) for defamation based on their criticism of Twitter's handling of anti-Semitic content. However, it seems unlikely that such a lawsuit would be successful. The ADL has not directly accused Musk of being anti-Semitic, but rather expressed concern about Twitter's failure to remove flagged anti-Semitic content. Defamation lawsuits require a false statement of fact to be the basis of an allegation, and subjective opinions or judgments are protected. Additionally, filing a defamation lawsuit against a non-profit like the ADL would likely be viewed as a strategic lawsuit against public participation (SLAPP) and face legal challenges.
Exciting news from host-in-absentia Sarah Isgur. Partisan gerrymandering. Cameras in courts. David French and guest-host David Lat have so much to cover in so little time. Here we go:
-New arrivals
-Purdue Pharma update
-Should the Trump trials be televised? (The Davids disagree)
-Wisconsin's judicial elections mess
-Alabama's ongoing redistricting wars and systemic racism
