In its short order list today, the Supreme Court including something stunning. They have agreed to hear the case of Kian v. Florida in the fall, which is about the constitutionality of juries of less than 12 people. Kian was convicted of practicing medicine without a license by a 6-person jury, as allowed by Florida law for non-death penalty cases. 44 states require 12-person juries, so Florida is an outlier (with Arizona, Connecticut, Indiana, Massachusetts, and Utah). In Williams v. Florida (1970), the Supreme Court upheld this Florida 6-person jury law over the dissents of Justices Thurgood Marshall and John Marshall Harlan. Justice Marshall curtly said that anyone going to prison for the rest of their life should get a 12-person jury. Justice Harlan noted that federal cases get 12-person juries and state juries should be no less. Kian, in his petition, directly asked the Supreme Court to overturn the Williams precedent from 1970. For their part, Florida first didn't even respond and then when ordered to by the Court, warned that reversing Williams could overturn 5,000 convictions in the state. In 2022, Justices Kavanaugh and Gorsuch dissented from the Court's refusal to hear a challenge to Arizona's 8-person jury law. Kavanaugh did not explain his dissent, but Justice Gorsuch laid out his argument that the original meaning of juries at the Founding was 12, not 8. Gorsuch wrote in 2022: "Williams was wrong the day it was decided, it remains wrong today, and it impairs both the integrity of the American criminal justice system and the liberties of those who come before our Nation’s courts." In 2024, Justice Gorsuch dissented alone from a denial of another case, Cunningham v. Florida. He wrote that 6-member juries depart from the original meaning of the Constitution - juries at the Founding meant 12, not 6. Gorsuch wrote in 2024: "If there are not yet four votes on this Court to take up the question whether Williams should be overturned, I can only hope that someday there will be." That the Court will hear the case shows that now at least 4 justices want to hear the case. It will take 5 justices to overrule Williams. Also worth noting: Kian has no fancy law firm representing him. He filed a pauperis form asking that court filing fees be waived and is represented by a public defender. The case seems to have been missed by everyone until now - no amicus briefs were filed by any other organizations urging that the case be heard. (That will certainly change by when it's argued in the fall.) But someone - or 4 someones - on the Supreme Court picked it out of the thousands of appeals they get and decided to take it up as one of less than 100 cases they'll hear next term.

I’m so glad we threw their tea in the harbor

Marine Corp Band is stealing the show tonight. Incredible.

I want to introduce you to Steve. He’s 83. His wife died a few months ago and he comes to this lodge in Spring Mill, Indiana and draws. He taught art in Terre Haute, IN his whole life. He also did courtroom sketches in court cases. In the comments I’ll share some pics from his sketchbook. He was excited when I said I was going to share his sketches with the world.

Counterpoint: a bunch of dudes on dirt bikes hitting sick jumps over humvees with Marines in dress uniforms standing in front of the White House is cool as shit and everyone kind of knows why someone like you hates it

I spoke to Sid @MillerForTexas last evening. Sid said it was all a big misunderstanding, that he is a life-long Republican and would never support a Democrat. That’s good enough for me. #txlege

We’re conquering Chile. You heard it here first.

Abbott’s endorsement of closed Republican primaries comes just days after Secretary of State Jane Nelson announced she is stepping down. Nelson’s office has been fighting a lawsuit from the Texas GOP over closed primaries.

BREAKING: @GregAbbott_TX comes out in support of closing primary elections in Texas at @TexasGOP convention. “We are going to make clear: in the future, only Republicans will vote in Republican primaries.”

.@GregAbbott_TX backs closed primaries in his @TexasGOP convention speech. #txlege

BREAKING: Texas GOP Chair @abrahamgeorge concedes to @DrindaRandall

I want to congratulate @DrindaRandall and @CoveyTX on their nomination as Chair and Vice Chair of our @TexasGOP. While this race has come to an end, our mission continues. Now is the time to come together, unite behind our Republican nominees, support the entire Republican ticket in November, advance our legislative priorities in the next session, and continue standing firmly for the conservative principles outlined in our platform. I am grateful to everyone who supported our campaign, and I remain committed to serving our party and fighting for the values that make Texas strong.

I’m honored to be endorsed by our next US Senator Ken Paxton for State Chairman. Ken Paxton knows I have what it takes to keep Texas red. It’s time to unite our Party and beat the Democrats in November. @KenPaxtonTX

Self-financed campaigns usually fail because the ability to communicate with the public is a necessary but not sufficient condition to win elections. You also have t have a message that voters care about and the ability to build winning voter coalitions.

Called it.

Everyone there fits under the shade of two trees

I just love the idea that after presumably coming out to her community, doing IVF and raising two children with her non-Muslim, tattooed, lesbian life-partner, the woman in question remains committed to full Islamic modesty dress

"I'm a polytheist who believes God was once a man, that He's married to a female goddess and they live on a planet called Kolob, that Jesus and Satan are brothers, that there's a potentially infinite number of gods and I'll one day become the god of my own planet populated with my celestial space babies, I deny every single essential Christian doctrine, and reject every historic Christian creed. Now explain to me why I'm not a Christian right this second."

To better appreciate the WWII timeline, if D-Day had occurred TODAY: Dec. 7, 2023 - Japan bombs Pearl Harbor June 4, 2024 - Battle of Midway Nov. 8, 2024 - Allies invade North Africa Sept 3, 2025 - Allies invade Italy June 6, 2026 - D-Day Aug. 25, 2026 - Paris liberated Oct. 20, 2026 - Allies invade Philippines April 30, 2027 - Hitler commits suicide Its astonishing to think how much history was crammed into 40 months - the largest military mobilization and armament production in the history of mankind, multiple military campaigns and operations that could each stand alone as its own major war. As fast as the world seems to change now, it’s still hard to match those days.

I was once talking to a friend who had skipped class for several months in college about how I have an occasional recurring nightmare that it's the end of the semester and I'm desperately trying to remedy the fact that I haven't been to class in months. "That's funny ... your life ... is my nightmare." This is basically the lawyer equivalent of that.