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Reginald Oh @reginaldohlaw.bsky.social · 05/03/2024

Why wouldn’t it be the courts?

Reginald Oh @reginaldohlaw.bsky.social · 05/03/2024

Permitting state supreme courts to disqualify a fed candidate under Sect 3 doesn't mean states have unchecked power. State ct rulings interpreting the U.S. Constitution are subject to SCOTUS review, which makes SCOTUS, not states, the ultimate decider.

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Reginald Oh @reginaldohlaw.bsky.social · 05/03/2024

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Reginald Oh @reginaldohlaw.bsky.social · 05/03/2024

Am I missing something? Permitting state supreme courts to disqualify a fed candidate under Sect 3 doesn't mean states have unchecked power. State ct rulings interpreting the U.S. Constitution are subject to SCOTUS review, which makes SCOTUS, not states, the ultimate decider.

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Reginald Oh @reginaldohlaw.bsky.social · 02/01/2024

Attn AALS attendees-please come to a panel that I put together- Brown, Equal Education and Democracy: Honoring the 70th Anniversary of Brown v. Board. Time/date: Fri, Jan 5, 10:00-11:40 a.m. Room: Independence Salon F, Level M4, Marriott Marquis THREAD

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Reginald Oh @reginaldohlaw.bsky.social · 02/01/2024

The panel will be moderated by @CaitlinAMillat of ASU. Hope to see you there! END

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Reginald Oh @reginaldohlaw.bsky.social · 02/01/2024

4. Osamudia James (UNC) will examine the right of parents to vote on school finance issues after having opted out of public schools, and discuss its implications for democracy, disproportionate political power, and unequal school financing.

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Reginald Oh @reginaldohlaw.bsky.social · 02/01/2024

3-I'll discuss Brown's racial integration mandate as a principle of equality & democracy. Integration should be viewed as a means to foster equal status relationships btw students, enabling them as adults to construct & participate in a racially inclusive democratic process.

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Reginald Oh @reginaldohlaw.bsky.social · 02/01/2024

2. Luis Fuentes-Rohwer (Indiana Bloomington) will explore the relationship btw race, equal education and voting rights. He will discuss the uneasy connection between Brown and Lassiter, the 1959 case that held that literacy tests do not violate equal protection.

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Reginald Oh @reginaldohlaw.bsky.social · 02/01/2024

Joy Milligan (UVA Law) will discuss reimagining the federal administrative state through the concept of racial repair. She will address a provocative question-what would the federal administrative state look like today if desegregation had proceeded as it could or should have?

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Reginald Oh @reginaldohlaw.bsky.social · 02/01/2024

In Brown, democracy was invoked to strike down school segregation. The Court, however, did not fully explain the relationship between race, equal education and democracy. The panel will examine the connections from various perspectives. The 4 presenters/presentations-

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Reginald Oh @reginaldohlaw.bsky.social · 02/01/2024

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Reginald Oh @reginaldohlaw.bsky.social · 20/12/2023

The Court would then have to identify what political institution does have the authority to determine if Trump is qualified. If not the courts, then whom? Congress? State secretaries of state?

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Reginald Oh @reginaldohlaw.bsky.social · 20/12/2023

Possibly. But the Court basically has a choice between various bad options. If the Court does decide to hear the case, that probably means that it will overrule on substantive grounds and ensure Trump gets to be in the ballot. Probably 6-3.

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Reginald Oh @reginaldohlaw.bsky.social · 20/12/2023

Cleanest way to not hear the case is to deny cert. I think that might happen with this case. But if other states start disqualifying Trump, then the Court may step in to put a stop to it, reminiscent of Bush v Gore.

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Reginald Oh @reginaldohlaw.bsky.social · 20/12/2023

Problem is that the CO STATE Supreme Court issued the ruling and presumably ruled that the plaintiff had standing under CO law. Federal justiciability doctrine is about whether the lawsuit may be brought in federal court. Says nothing about state court.

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Reginald Oh @reginaldohlaw.bsky.social · 12/12/2023

When the fetus is nonviable, there is NO “protect prenatal life” interest implicated. When that interest doesn’t apply, forcing women to carry a pregnancy to term is cruel and unusual punishment, an arbitrary and capricious invasion of bodily autonomy, and may reflect animus towards women.

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Reginald Oh @reginaldohlaw.bsky.social · 12/12/2023

The fetus has a fatal condition and has no chance of survival. So, the “protect prenatal life” interest isn’t implicated. So, what is the “legitimate” state interest for banning an abortion necessary to protect a woman’s health? How does the ban even meet rational basis review?

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Reginald Oh @reginaldohlaw.bsky.social · 12/12/2023

Here’s my question-The fetus has a fatal condition and has no chance of survival. So, the “protect prenatal life” interest isn’t implicated. So, what is the “legitimate” state interest for banning an abortion necessary to protect a woman’s health? How does the ban meet rational basis review?

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Reginald Oh @reginaldohlaw.bsky.social · 12/12/2023

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Reginald Oh @reginaldohlaw.bsky.social · 11/12/2023

Welcome any thoughts or comments!

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Reginald Oh @reginaldohlaw.bsky.social · 11/12/2023

My article, "The Anti-constitutionality of the Deeply Rooted Test in Dobbs," was just published by the CSU Law Rev. In it I argue Alito's deeply rooted test is at odds with CJ John Marshall's notion of the Integrated Constitution & should be rejected. engagedscholarship.csuohio.edu/clevstlrev/v...

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Reginald Oh @reginaldohlaw.bsky.social · 07/12/2023

Attention all Law and Humanities junior scholars- Please submit your paper for the Law and Humanities Workshop for Junior Scholars. Submissions deadline: December 15. Go to our website for the call for papers. LawandHumanitiesWorkshop.org

lawandhumanitiesworkshop.org

Home | TRIPLEX

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Simon Stern @simon8.bsky.social · 23/11/2023

The call for proposals for the loveliest, warmest, most intellectually stimulating, & most fun conference of your year is now LIVE! LCH 2024 will be in Vancouver, 17-18 May 2024, about the Senses of Law. CFP here lawculturehumanities.com/event/2024-t.... Your brilliant ideas due 31 January 2024

lawculturehumanities.com

2024 Twenty-Sixth Annual Conference - Law, Culture, and the Humanities

2024 Twenty-Sixth Annual Conference May 17, 2024 - May 18, 2024 University of British Columbia 2329 West Mall Vancouver, British Columbia V6T 1Z4 Canada Share this page Become an LCH Member Join our i...

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Reginald Oh @reginaldohlaw.bsky.social · 07/11/2023

Just voted in Ohio. Will be interesting to see how the two initiatives fare, one on abortion and one on legalizing marijuana. Wonder about the turnout of young voters.

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Reginald Oh @reginaldohlaw.bsky.social · 21/10/2023

There are about 14 seasons of Dr Who, so if you watch it and like it, lots of episodes to watch!

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Reginald Oh @reginaldohlaw.bsky.social · 21/10/2023

Mr Queen and Live Up To Your Name are on Netflix with subtitles. Dr Who is on Amazon Prime/BBC. My Perfect Stranger is on Viki.

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Reginald Oh @reginaldohlaw.bsky.social · 21/10/2023

Dr. Who Korean time travel dramas- Mr. Queen-a 21st guy travels back in time into the body of a Korean queen My Perfect Stranger-a man travels back to 1987 to find the person who’ll murder him in 2024 Live Up To Your Name-a 17th century doctor travels to practice medicine in 21st century

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Reginald Oh @reginaldohlaw.bsky.social · 09/10/2023

Quite startling how Heller/Bruen transformed gun control discourse-Take #2 I remember when senseless gun violence/terrorism made gun rights supporters defensive. Now when gun violence occurs, they call for more guns, more lethal guns, more people armed w/ guns, etc.

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Reginald Oh @reginaldohlaw.bsky.social · 09/10/2023

Read some tweets about Rahimi, & it’s startling just how much Heller and Bruen have shifted the Overton Window on gun control discourse. The language of gun control has gone out the Window (pun intended) and the language of gun rights now frames all gun discourse.

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Reginald Oh @reginaldohlaw.bsky.social · 07/10/2023

First time posting here in months and of course I had to post about my Wordle achievement.

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Reginald Oh @reginaldohlaw.bsky.social · 07/10/2023

I am incredibly proud of my achievement. I’m beating Wordlebot at Wordle.

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Reginald Oh @reginaldohlaw.bsky.social · 21/09/2023

I can’t quite place the tone of the article.

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Reginald Oh @reginaldohlaw.bsky.social · 13/09/2023

The problem isn’t the translating part, it’s figuring out the illegible hand-writing. Here’s the letter

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Reginald Oh @reginaldohlaw.bsky.social · 12/09/2023

Help needed: Is there anyone who can read German? I need some German writing translated into English. The writing is difficult to read, but maybe it would be easier to make out the words if the person reading it knows German. It’s only 6 sentences. Any help would be appreciated!

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Reginald Oh @reginaldohlaw.bsky.social · 01/09/2023

The two cases are not analogous. The difference is that when the nonpaying father goes to another state, he is still violating child support laws in the state he left. OTOH, a woman who leaves AL to get a legal abortion in CA isn’t committing any crime in AL under AL law.

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Reginald Oh @reginaldohlaw.bsky.social · 25/08/2023

Question for con law profs and historians - when did the Supreme Court tradition of Justices delivering/reading their opinions from the bench begin?

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Reginald Oh @reginaldohlaw.bsky.social · 23/08/2023

I’m teaching Marbury v Madison in Con Law this afternoon. I’ve taught it multiple times before, but I’m trying something new this year to try to make it more accessible for students. I’m going to teach Marbury as a movie-a historical legal thriller. We’ll see how it goes!

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Reginald Oh @reginaldohlaw.bsky.social · 23/08/2023

Just finished class. That was incredibly fun! Most fun I had teaching any class ever. I think it worked and got the students engaged. One student even said the class was amazing! I may write a thread about how I taught Marbury as a movie, if people are interested. Let me know!

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Reginald Oh @reginaldohlaw.bsky.social · 23/08/2023

That sounds really interesting and informative. I’ll recommend it to my students. For class, I want to treat Marbury as a legal drama with a surprise ending of sorts.

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Reginald Oh @reginaldohlaw.bsky.social · 23/08/2023

Ah, I didn’t know about that! I’ll have to take a look at it.

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Reginald Oh @reginaldohlaw.bsky.social · 23/08/2023

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Reginald Oh @reginaldohlaw.bsky.social · 17/08/2023

It’s sad and frightening that the supremacy argument has some force because of the *real* possibility that a dysfunctional, polarized Congress could and would let a President who has committed murder and/or felonies keep his powers and stay in office.

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Reginald Oh @reginaldohlaw.bsky.social · 17/08/2023

I know. I had to use shorthand, was running out of characters.

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Reginald Oh @reginaldohlaw.bsky.social · 17/08/2023

That supremacy argument would give the President the power to go on a murderous shooting spree on 5th Ave and be free from being detained by the state. If unable to discharge his duties b/c of incarceration, 25th A. kicks in, VP takes over, fed laws continue to be enforced. No supremacy problem.

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Reginald Oh @reginaldohlaw.bsky.social · 15/08/2023

Here’s a perplexing question-In the grocery store, if you have only a few items, do you go to the express checkout with many people in line, or to the regular checkout with a few people with lots of items? I've *finally* figured out the answer-go to the line with the faster checkout clerk.

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Reginald Oh @reginaldohlaw.bsky.social · 15/08/2023

And by “step fly” I meant strongly. Weirdest autocorrect ever

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Reginald Oh @reginaldohlaw.bsky.social · 14/08/2023

The best kinds of comments are positive ones that reflect real understanding of the argument and provide helpful points that actually deepen and flesh out my argument.

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Reginald Oh @reginaldohlaw.bsky.social · 14/08/2023

Not that I am happy to get those kinds of comments. And you need to be fairly confident in your paper to take in those critiques or they could be totally demotivating and discouraging.

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Reginald Oh @reginaldohlaw.bsky.social · 14/08/2023

I actually find certain kinds of critiques helpful. Critiques that point out a hole or troubling implication in my argument that I didn’t address help shore up my argument. Even general, vague critiques (“I’m not convinced by your argument”) can motivate me to make the draft even better.

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