The story of the Scalia clerk who quietly became a legal mastermind

[mahatmakanejeeves]

Last edited Tue Apr 5, 2022, 02:35 PM - Edit history (2)

Dave Weigel Retweeted

NEW: The story of Scalia clerk who quietly became legal mastermind behind Texas abortion law. Our reporting found he explicitly wrote the law so it could survive regardless of what court did. His efforts to flummox court date to ‘13 when he 1st tried this.

Link to tweet

Behind the Texas Abortion Law, a Persevering Conservative Lawyer

Jonathan F. Mitchell

[no_hypocrisy]

1. In law school, specifically my orientation and legal procedure,

it was stressed that one could de-construct The Law as well as bolster it.

This is an example of the former. Hitler's attorneys did something similar as well as replacing its judicial system with lackey judges.

[mahatmakanejeeves]

2. From Virginia Law Review, 2018: The Writ-of-Erasure Fallacy

Behind Texas Abortion Law, an Attorney’s Unusual Enforcement Idea

Jonathan F. Mitchell taught law and clerked for Supreme Court Justice Antonin Scalia before devising a provision that has confounded abortion-rights advocates and animated their opponents

By Jacob Gershman
https://twitter.com/jacobgershman
[e-mail]
Sept. 4, 2021 9:38 am ET

Behind a Texas law that has confounded legal scholars and given abortion opponents hope is a publicity-shy, 45-year-old West Coast litigator known for his command of abstruse legal theory.

The Texas Heartbeat Act has survived a brush with the Supreme Court and made Texas the most restrictive in the nation for abortion access, thanks largely to its unusual enforcement scheme. The law puts ordinary Texans—not any government official—in charge of enforcing a prohibition on performing or aiding abortions after six weeks of pregnancy, making it more difficult to challenge in court.

TO READ THE FULL STORY
SUBSCRIBE
SIGN IN

Here's where he described what he had in mind.

.pdf: The Writ-of-Erasure Fallacy

.html: The Writ-Of-Erasure Fallacy

[mahatmakanejeeves]

4. Here's some biographical information about him.

Senate Judiciary Committee questionnaire

[The Unmitigated Gall]

5. So, an educated white male writes the legal framework...

To FUCK the lives of thousands of women.