Steve Vladeck (@stevevladeck.bsky.social) reposted reply parent
It matters plenty. The government is complying with 99% of the judicial decisions in cases it’s losing. Don’t get distracted by doomers.
Associate Prof at Northern Illinois University College of Law. Constitutional law, criminal law, abolition, philosophy, hoops, puppies (esp. Argo the Floof). “Mildly Sephirothic at worst.” He/him.
22,538 followers 608 following 23,093 posts
view profile on Bluesky Steve Vladeck (@stevevladeck.bsky.social) reposted reply parent
It matters plenty. The government is complying with 99% of the judicial decisions in cases it’s losing. Don’t get distracted by doomers.
Preorder Read This When Things Fall Apart (@mskellymhayes.bsky.social) reposted
Someone asked me what victory against the forces seeking to occupy Chicago looks like. Obviously, those forces being repelled is the goal, but there are layers to what success looks like in these deteriorating conditions. The first is to successfully resist the normalization of military occupation.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reposted reply parent
I’m not even sure what he’s doing at this point, but one state cannot invade another and that is what this would be if he’s using 502(f). That would be Texas invading Illinois.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
Yes henlo. We haz questions about the scope of Section 502(f) authority and possibly a lurking Article IV question.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
And I am taking a break until things clear a bit.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
I really feel like we don’t know enough to know what exactly they’re doing here
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
They have never invoked the insurrection act and appear very scared to do so
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
It could be just that straightforward but also… they got away with the Cali deployment so again, not sure
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Right, and they would be using a different statute that doesn’t require those triggers. Maybe.
Governor JB Pritzker (@govpritzker.illinois.gov) reposted
In the coming days, we expect to see what's playing out in LA and DC happen in Chicago. These efforts are not about fighting crime or making communities safer. This is about Donald Trump testing his power and producing political drama to cover up his own corruption.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Yeah—I really don’t know.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Also, holy shit is this confusing already and people are saying all kinds of stuff. Be careful before sharing.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
It’s illegal, Texas cannot invade Illinois. But, see above.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
Ok to all of the three-level hypotheticals about the possible military occupation of Illinois by Texas: I don’t know, and be very suspicious of anyone who confidently claims that they do
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
No idea
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
No idea. Highly doubt that that will happen.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Yeah we could chase this down several orders of illegality, it’s ridiculous. If he’s actually going to do it.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Whereas in California the state’s own national guard was federalized under a law which allows that. The problem there was that they went beyond the very limited things they can do without violating other laws.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
I’m not even sure what he’s doing at this point, but one state cannot invade another and that is what this would be if he’s using 502(f). That would be Texas invading Illinois.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Good overview here www.lawfaremedia.org/article/sect...
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
These problems are even bigger. As a constitutional matter, the deployment of unfederalized Guard personnel into a nonconsenting state can never happen. Never.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
He is extremely unlikely to do this because the Texas Nat Guard is acting on behalf of the federal government.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
ooooooh the Texans are coming oh no save us from the Texans help
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Mfer scared of getting hit with a Portillos
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
What a bunch of assholes. Go there yourself, tough guy.
Adam Schwarz (@adamjschwarz.bsky.social) reposted
Illinois Gov. Pritzker ahead of Trump National Guard deployment: "To Chicagoans... Look out for your communities and your neighbours. Know your rights. Film things that you see happening... Authoritarians thrive on your silence. Be loud for America."
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
“Cause when I'm looking at y'all, shit, it's no wonder it's why/ I need a visor, 'cause y'all are just sons in my eyes”
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
“That’s the chapter, bitches”
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
Look if you’re going to write a memoir you might as well flex
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reposted
What a gorgeous spike floof
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Do they know where that meme comes from nvm I don’t care
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
I’m being careful with my language because there is no specific order yet. It is very clearly illegal for the federal government to deploy troops into states because it has concerns about local crime. An order that said that would be an illegal order.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
In that case, different things are legally different. But the question and answer makes reference to shootings and none to immigration.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
If it turns out to be bullshit, great, disregard.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
There is not even a pretense of this having anything to do with attacks on federal personnel or buildings. Just wildly lawless stuff.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
Anyone who participates in what appears in context to be a proposed military occupation of Chicago “because crime” will be doing something that is illegal and is obligated not to do that. That’s all I’ll say.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reposted
FLOOF TEND GARDEN
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Look, I know my limits, and I reach them on trying to litigate things John Brown in this medium. This is what Douglass said. I think it’s important in thinking about Brown’s impact, which was not small. That’s all for now.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
There literally was a meteor shower in the days preceding his execution too!
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
I mean we can admire two different people for different reasons despite their different flaws
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
To the extent that that first claim is defensible, it’s because you do not mean what the scholar means by it.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Literally the Battle Hymn of the Republic was inspired by Brown.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
That’s the point. There is no One Way.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
A forthcoming book by one of America’s leading constitutional scholars will celebrate Douglass but depict Brown as a “violent fanatic” with little impact on anything. I regret that it will be necessary to put this canard to rest.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
The sort of analogy is to Marx hemming and hawing about the Paris Commune and then wholeheartedly supporting and celebrating it.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
I’ll have to watch it! Heard good things. Douglass was certainly right about the short-term aims, and JB wrong. But the raid became about more than that.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
And Douglass, well. He wrote this. www.contextus.org/Frederick_Do...
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Anyway: www.penguinrandomhouse.com/books/140728...
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Also, fun fact: Brown wrote his racially egalitarian constitution in Douglass’s home. Douglass’s wife Anna Murray sheltered him on the run. He planned the raid in her home, during that time.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Even more strongly: this speech is an argument that the raid actually worked, in the broadest possible sense
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
no, he did not join the raid. Also, no, it was not because he had any principled objection to it. And with the benefit of reflection, it’s hard to escape the sense that he thought Brown went an extra mile.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Delivered at Harper’s Ferry. monadnock.net/douglass/joh...
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Plz do not believe anyone who positions the “Frederick Douglass way” against the “John Brown way” thanks
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
Frederick Douglass on John Brown, 1881
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
FLOOF TEND GARDEN
gamera obscura (@ohrobin.bsky.social) reposted reply parent
Lucas Miotto (@miottoluc.bsky.social) reposted
A new Legal-Phi interview is out! We spoke with Alma Diamond about how practices shape obligations, constitutional meaning, and much more. Check it out 👇https://legalphi.wordpress.com/2025/09/02/alma-diamond-practices-obligations-and-constitutions/
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reposted
BERNER ZOOMIES
gamera obscura (@ohrobin.bsky.social) reposted
Irish national Kitty O’Brien being absolutely brutalized by Berlin police during a peaceful pro-Palestine rally. Kettled, badly beaten, their arm shattered, they say, “you don’t fucking scare us.”
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
But no one should doubt that he is an 11 on the 1-10 fash scale
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Literally the only thing that could be better about Vance is that he is so thoroughly uncharismatic and unctuous that nobody could possibly be persuaded by him to do anything
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
You use whatever tools you have. Lord knows they’re doing that.
Haley S. Anderson (@hsanderson.bsky.social) reposted
A bit belated, but I’m very excited to share that my job market paper is now forthcoming in the Washington & Lee Law Review. And I’m officially on the law faculty market for civ pro, int’l law, fed courts & related fields. I appreciate help spreading the word! papers.ssrn.com/sol3/papers....
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Gotta say, though—there’s some satisfying irony in the PCA being deployed against a racist administration, given that it was originally designed to protect southern racism from federal intervention.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Plus there’s a stay and will be appeals so I wouldn’t even get excited about its deterrent effect for other potential deployments yet. It’s not nothing, but less than Something.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
I considered it basically impossible for the admin to do what it claimed to be doing with these deployments without violating the PCA, so this comes as no surprise. That being said, I am sure this will come as cold comfort at this point.
Steve Vladeck (@stevevladeck.bsky.social) reposted
#BREAKING: Judge Breyer has held that the Trump admin. *violated* the Posse Comitatus Act in its military deployments in and around Los Angeles, and has enjoined further use of those troops for law enforcement tasks. The order is stayed through 12 PDT on 9/12: georgetown.app.box.com/file/1973361...
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Yeah, I’m giving it a chance but I have similar misgivings. I just played through the original, and it really is special and I can already tell that this is not going to match up.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Think the RE4 remake but with only graphical and gameplay changes. Story, voice acting, sequence of events identical to original.
Alexandra Petri (@petridishes.bsky.social) reposted
Apologies! You have reached the end of your free trial period of America
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
MGS 3 delta is a very weird experience that I’m not sure how I feel about yet but am glad someone put together, just to see if something like this is at all worth it. What it is: a graphical overhaul and quality-of-life tweaking of an old game that changes nothing else.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
What a gorgeous spike floof
womensartbluesky.bsky.social (@womensartbluesky.bsky.social) reposted
Sophie Nash, contemporary UK artist who studied Zoology and is known for specialising in wildlife, based in Cornwall, UK #WomensArt #Tuesday
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Yeah I think ppl are hoping it’s health related and… I’m not going to get my hopes up
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
The Athletic (@theathletic.com) reposted
TCU's admin had some fun after the Horned Frogs dominated Bill Belichick and the Tar Heels 😅🐸
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
BERNER ZOOMIES
I Post Animal Vids... 😊 (@realjfairclough.bsky.social) reposted
Yoga - you mean Doga surely?? Doggy Yoga who knew...🤣 #dog #dogday #bluesky
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
*chariots of floof soundtrack plays*
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
WHO U CALL “GIANT BREED”?!
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Why has Zohran Mamdani not condemned this avian menace?
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reposted
no wonder New Yorkers are afraid to set foot outdoors. Look at this absolute unit.
Joey Fishkin (@fishkin.bsky.social) reposted
The federal govt's extortion of UCLA has numerous problems. One is that it is ostensibly based on some factual allegations that are so exaggerated that they are actually false. I wrote about this today in a long blog post reflecting on what I saw at UCLA and how lawyers later mischaracterized it:
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
FREE SMOL HOOMAN FROM BABYJAIL
Kerry Reid (she/her) (@kerryreid.bsky.social) reposted
A friend took this at a rally today and I barked laughing.
Noah Berlatsky (@nberlat.bsky.social) reposted
so, I think this is conventional wisdom for a lot of centrist Ds, and it's really wrong headed for a whole bunch of reasons. 1
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
This part is killing me. There is never an example of a dem elected saying the thing for something like 5 years if ever, and yet somehow literally everyone needs to stop saying it NOW or we lose elections. That is ridiculous. Also, we should defund the police, I said it and I'm glad.
Marisa Kabas (@marisakabas.bsky.social) reposted
if your answer isn’t an unequivocal “yes” then you’re a shit journalist
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reposted reply parent
Hecc. Just trying to enjoy my labor doggo weekend with a big floofy book
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Dude also clearly just swallowed a small skyscraper
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
tf are these bread crumbs. Give me a steak or it’s ur life next time
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social)
no wonder New Yorkers are afraid to set foot outdoors. Look at this absolute unit.
Molly Bangles (@mollybangles.bsky.social) reposted
Finally met the big pigeon 🐦🏙️ Dinosaur by Iván Argote - the High Line, NYC
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Such people exist, but redeemers original and more recent are not among them
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
I mean honestly the people we're talking about here have never been committed to anything meaningfully labeled "limited government."
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Hence the fear of "replacement." They can't conceive of sharing power, because they regard would-be power sharers as unequal, unfit to hold any power, and they claim the right to dominate their unequals.
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
They don't need to be thinking of any of this for it to explain their behavior. Why that's a nail that needs a hammer has hundreds of years behind it that they could never retrace. But the primal fear is of losing power over people, who will thereby gain power over you. It's a zero-sum picture
Evan Bernick, a finite mode with a smol hooman and a lorg floof (@evanbernick.bsky.social) reply parent
Biracial society is, for people who feel racially entitled to rule rather than share power, domination. Lynching served to reestablish the correct hierarchy.