Owen Barcala
@obarcala.bsky.social
I would prefer not to. NM civil litigator. Trials, appeals, plaintiff, defense, you name it. Opinions are my own, not my firm's
created July 6, 2023
6,966 followers 1,280 following 3,186 posts
view profile on Bluesky Posts
Steve Vladeck (@stevevladeck.bsky.social) reposted reply parent
I think Illinois can and should sue Texas in the Supreme Court’s original jurisdiction and seek a preliminary injunction against the use of any un-federalized Texas National Guard troops in Illinois.
Chris Geidner (@chrisgeidner.bsky.social) reposted
BREAKING: On a 2-1 vote, D.C. Circuit denies the Trump administration's request to let Trump fire a Federal Trade commissioner during appeals. Citing Humphrey's Executor, about the FTC: "To grant a stay would be to defy the Supreme Court's decisions that bind our judgments. That we will not do."
Gabriel Malor (@gabrielmalor.bsky.social) reposted
8th Cir. holds that it does not violate the Second Amendment for state to offer no mechanism for restoration of rights of a forcible felon because the colonial-era penalty for these crimes was death. ecf.ca8.uscourts.gov/opndir/25/09...
Jordan Fischer (@jordanonrecord.bsky.social) reposted
NOW: Another grand jury refusal — this time a woman accused of threatening President Donald Trump. Judge Boasberg said last week the threats appeared to be the "rantings" of a woman with no ability to carry them out. A D.C. grand jury apparently agrees. www.wusa9.com/article/news...
Adam Klasfeld (@klasfeldreports.com) reposted
NEWS A federal judge BLOCKS the Trump admin from using the military in California for civilian law enforcement in violation of the Posse Comitatus Act. Ruling storage.courtlistener.com/recap/gov.us... Background www.allrisenews.com/p/general-sc...
Owen Barcala (@obarcala.bsky.social)
The difference is even more stark when you compare them to the Romulans
Joshua J. Friedman (@joshuajfriedman.com) reposted reply parent
Judge: I got a call at 2:36 a.m. because the govt chose this time on a holiday weekend to execute this plan. I have been up since then. I haven't been able to reach anyone from govt until this morning at 9:30 a.m. So absent this intervention, all children would already have been sent to Guatemala!
Joshua J. Friedman (@joshuajfriedman.com) reposted
HAPPENING NOW: Judge Sparkle Sooknanan holds an emergency hearing as the Trump admin is reportedly trying—imminently—to deport hundreds of Guatemalan children without required process or access to representation. www.courtlistener.com/docket/71240...
Owen Barcala (@obarcala.bsky.social)
You can't prosecute me for crimes, I've already criticized you!
Ann M. Lipton (@annmlipton.bsky.social) reposted
I'm enjoying VC Cook's opinion in Dalby v. Kastner, which is mainly a tale of boardroom conflict and intrigue, but Cook's spiced it up with art: courts.delaware.gov/Opinions/Dow...
Steve Vladeck (@stevevladeck.bsky.social) reposted
By a 7-4 vote, the full Federal Circuit has *affirmed* a lower-court ruling holding that many of President Trump’s tariffs exceed his statutory authority. The ruling won’t go into effect until October 14, though—which gives the Trump administration plenty of time to seek intervention from #SCOTUS:
Brad Heath (@bradheath.bsky.social) reposted
A federal appeals court has ruled that President Trump’s tariffs exceeded his authority under an emergency powers law.
Owen Barcala (@obarcala.bsky.social)
Looking forward to a headline like: "1st Circuit upholds dismissal of Dershowitz's defamation suit over pierogi stall owner's comment that he 'looks like the offspring of a goblin and sort of a burnt-up old Furby'"
Brad Heath (@bradheath.bsky.social) reposted
A federal grand jury has declined to indict another person arrested as part of President Trump's D.C. crime surge. This was the only case we know of in which the National Guard participated in an arrest. After the grand jury declined to return an indictment, DOJ moved to dismiss the case.
ProPublica (@propublica.org) reposted
NEW: More than two decades after victims and families of the 9/11 attacks began trying to hold the Saudi government responsible for aiding the Qaida terrorists who carried out the plot, a judge has ruled that a lawsuit against the kingdom can go to trial.
Owen Barcala (@obarcala.bsky.social)
It's interesting, as a businessman, to grab the first three reviews for your product and say, This is it!
Owen Barcala (@obarcala.bsky.social)
How do I train my dog not to bark at Amazon deliverers and only bark at real threats, like ICE agents or RFK Jr.?
Owen Barcala (@obarcala.bsky.social) reply parent
Lake's only argument is that a two-level protection is unconstitutional under the new "original" theories we're discovering. But the judge points out that he's still removable at will, as are the board members. There's no restriction on removal, it's just a little more inconvenient.
Owen Barcala (@obarcala.bsky.social)
This is an interesting decision because it sort of straddles the line of a lot of recent arguments. The VOA director can only be fired by a majority vote of a board, which is also appointed by the President. No one contends that has happened b/c there has been no quorum this year.
Owen Barcala (@obarcala.bsky.social) reply parent
We can discuss whether capping prescription drug costs is a good idea over dinner, but if you talk about your support for deporting people to an El Salvador gulag to avoid due process, I'm going to lose my appetite
Owen Barcala (@obarcala.bsky.social)
This is such a funny thing to poll without making an attempt to acknowledge that the effects "political views" are wildly asymmetric Cutting off friends for wanting to expand the child tax credit is a little different from, say, wanting to overturn the election or deport kids with stage 4 cancer
Kyle Cheney (@kyledcheney.bsky.social) reposted
JUST IN: Judge COBB has set a 10am hearing for *tomorrow* on the emergency bid by Lisa Cook to remain in her job at the Fed.
Owen Barcala (@obarcala.bsky.social)
I wish I were an author so I could help
Steven Mazie (@stevenmazie.bsky.social) reposted
NEW at SCOTUS: Louisiana has done an about-face and is no longer defending its redrawn congressional map that complied with §2 of the Voting Rights Act by adding a second majority-Black district. Now it says its map is unconstitutional. Filed yesterday: www.supremecourt.gov/DocketPDF/24...
T. Greg Doucette (@gregdoucette.bsky.social) reposted
You'll never guess what party this guy's in www.wral.com/news/local/s...
Gabriel Malor (@gabrielmalor.bsky.social) reposted
In what will certainly get further review (en banc or SCOTUS), 9th Cir., 2-1, holds that noncitizen can sue for damages under the Federal Tort Claims Act after being removed. cdn.ca9.uscourts.gov/datastore/op...
Owen Barcala (@obarcala.bsky.social)
I do mostly defense work, so I forget how intoxicating it is to get a plaintiff case that is basically proved by video evidence. It's like the difference between crawling through a minefield and skipping through a patch of daisies.
whet moser (@whetmoser.com) reposted
used to be you could get an indictment against a ham sandwich. now you can't even indict a guy who throws a ham sandwich. folks, www.nytimes.com/2025/08/27/u...
Dr Alex Cruikshanks (@alexsaysstuff.bsky.social) reposted
How it started - How it's going
Kyle Cheney (@kyledcheney.bsky.social) reposted
JUST IN: A federal judge rules that a lawsuit against Elon Musk and his America PAC — alleging they broke a promise to pay voters for signing a political petition — may proceed. storage.courtlistener.com/recap/gov.us...
Gabriel Malor (@gabrielmalor.bsky.social) reposted
Fed. judge holds there is no judicial immunity from criminal prosecution in the case of a state judge accused of attempting to impede federal immigration enforcement. Also rejects idea that Tenth Amendment has an unwritten carve-out for state courthouses/judges. assets.bwbx.io/documents/us...
Owen Barcala (@obarcala.bsky.social)
"I can forgive Nobel for inventing dynamite, but only a fiend in human form could have invented the Nobel Prize." George Bernard Shaw
Owen Barcala (@obarcala.bsky.social) reply parent
The court set a hearing at 1:15 if she wasn't released by 1:00. It is now 2:30 in DC and there is nothing on the docket indicating a hearing took place, so hopefully that means she was released after a certain AUSA changed his or her trousers. Docket: www.courtlistener.com/docket/71193...
Owen Barcala (@obarcala.bsky.social) reply parent
Not standard practice to end an emergency motion with "HELP!!!!," but I'll allow it in this case
Owen Barcala (@obarcala.bsky.social)
Federal judges are really going to have to get over this thing with believing the feds will comply with their orders in good faith
Adam Klasfeld (@klasfeldreports.com) reposted
News Wisconsin Judge Hannah Dugan loses her bid to dismiss her indictment on immunity and 10th Amendment grounds. The judge will hold a hearing on Sept. 3 to discuss scheduling. Ruling storage.courtlistener.com/recap/gov.us...
Brad Heath (@bradheath.bsky.social) reposted
A federal judge in D.C. says the District has unlawfully detained a woman charged with spitting on a National Zoo police officer after she was arrested for entering a staff-only area at the zoo's Bird House. The city jail "has chosen not to comply with this Court’s Order."
Owen Barcala (@obarcala.bsky.social)
I'm extra thankful that President Trump banished the night this morning and caused the sun to rise by pulling it behind his great chariot
❀°。Der Siebenschläfer *.゚✿ ⋆ (@sababausa.bsky.social) reposted
I got the complaint in the horrific OpenAI self harm case the the NY Times reported today This is way way worse even than the NYT article makes it out to be OpenAI absolutely deserves to be run out of business
Owen Barcala (@obarcala.bsky.social) reply parent
"Hill to die on" is a weird choice of phrase for this. "Muddy shell crater full of corpses and barbed wire to die in" would be more appropriate to the subject matter.
Owen Barcala (@obarcala.bsky.social)
Walking in circles around the office repeating half a sentence to myself until the words lose all meaning
Owen Barcala (@obarcala.bsky.social)
As Krugman indicates, if anyone believes a guy whose main defense to decades of loan fraud was "it doesn't count if the banks are still paid" actually cares about mortgage fraud, they are being paid to be credulous Not a bribe—credulousness as a profession.
Owen Barcala (@obarcala.bsky.social)
Called in to a meet and confer only to be told that we had actually set it for tomorrow
Mike Scarcella (@mikescarcella.bsky.social) reposted
Trump administration cannot sue Maryland federal judges over immigration order, judge rules www.reuters.com/legal/govern...
Sam Thorpe (@samthorpe.bsky.social) reposted
Lots of reporting on Cook's firing at the Fed overlooks probably the most important part: the presidents of all 12 regional Feds are up for renewal in February 2026!! If Trump replaces Cook by then, he will have appointed a majority on the Board of Governors, who approve regional Fed appointments. 🧵
Owen Barcala (@obarcala.bsky.social)
This is a try-out for firing Powell
Owen Barcala (@obarcala.bsky.social)
Have there ever been three consecutive no bills on the same charge?
Joshua J. Friedman (@joshuajfriedman.com) reposted
Judge Xinis: Your clients are *absolutely forbidden* from removing Mr. Abrego from the continental United States. You understand this? DOJ: Yes.
Owen Barcala (@obarcala.bsky.social)
Say what you will about scavenger hunts, but it sounds like Mamdani made it through without bribing or sexually assaulting anyone
Joshua J. Friedman (@joshuajfriedman.com) reposted
NEW: The Maryland disctrict court automatically enjoins the govt from removing Kilmar Abrego Garcia from the US until 4 p.m. Wednesday (at least for now) as it prepares to hear arguments. (This is the court’s standard policy in the Trump era.) storage.courtlistener.com/recap/gov.us...
Owen Barcala (@obarcala.bsky.social)
People refer to WW2 for obvious reasons, but the Vietnam and Afghanistan wars didn't really end in negotiation either. They ended with the foreign armies leaving and local forces regaining control of all formerly occupied territory.
Owen Barcala (@obarcala.bsky.social)
If Trump said we have to occupy every journalists' house because they're doing so much more crime these days, you'd probably think, 'Wait a sec, that's not true. If anything, crime is a little down since Mark Halperin got fired. There must be another reason.' That's not speculation, it's journalism
Owen Barcala (@obarcala.bsky.social)
Hypothetically, if you stopped posting but that meant there were fewer dumb things on the internet, would you do it?
Owen Barcala (@obarcala.bsky.social)
This is just going to incentivize people to run If you get over a waist high fence you've basically gotten away
Anna Bower (@annabower.bsky.social) reposted
NEW: Kilmar Abrego Garcia’s defense team says that the government is attempting to coerce him to plead guilty to his criminal charges. Per filing, the government promised to deport him to Costa Rica if he pleads guilty — and is now threatening to remove him to Uganda if he doesn’t accept the deal.
Owen Barcala (@obarcala.bsky.social)
This whole bit makes more sense when you realize she has written articles supporting RFK Jr. and DOGE
Owen Barcala (@obarcala.bsky.social)
@asharangappa.bsky.social is dialed in
Owen Barcala (@obarcala.bsky.social) reply parent
Mistake to not go a little oranger...
Owen Barcala (@obarcala.bsky.social)
It looks like he's using white out to hide the reminders he writes on his hand
Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) reposted
UPDATE: Fox News reports that ICE told Kilmar Abrego Garcia they are going to deport him to Uganda on Monday.
Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) reposted
WOW! After months of the Trump administration saying that he would never be allowed back into the country — they brought him back. Then after months saying he would never be let free — he's back home. He still faces very serious criminal charges, and ICE may still move to arrest and deport him.
Owen Barcala (@obarcala.bsky.social)
One of my partners just told me that in law school he didn't know what a justified margin was. He would get assignments back with the comment "justify" on the side of the page and think, "I've already written a justification, what more do they want me to say!"
Owen Barcala (@obarcala.bsky.social)
For the curious, a search shows that only 3 federal opinions have used the word "Calvinball" before Jackson's dissent yesterday: 8th Circuit Bankruptcy Panel (name of a cited article), a 5th Cir dissent ("it's statutory Calvinball"), and a 4th Cir op ("more like Calvinball than the rule of law")
Owen Barcala (@obarcala.bsky.social)
Masked man carrying banker's bag of money outside bank says he just found it lying around
Owen Barcala (@obarcala.bsky.social)
Dems should only agree to stop saying heteronormative if republicans agree to stop saying they've had life changing sexual encounters in cracker barrel parking lots
Owen Barcala (@obarcala.bsky.social) reply parent
Lol, believe what you want to, but please be cautious of people posing as wallet inspectors
Owen Barcala (@obarcala.bsky.social) reply parent
This box of cash can't be a bribe, it's wrapped in paper that says Happy Birthday! Are you blind?!
Owen Barcala (@obarcala.bsky.social)
Clearly the envelopes of cash being handed out to reporters at campaign events in July was simply a Chinese New Year gift, which happens in January and February. Facts matter, lmao
Owen Barcala (@obarcala.bsky.social)
I don't want to shock anyone, but I always thought the guy in the Cracker barrel logo was kinda creepy
Owen Barcala (@obarcala.bsky.social)
I wonder how many Times reporters got a nice little bag of chips
Owen Barcala (@obarcala.bsky.social) reply parent
You've been leading the charge for years!
Owen Barcala (@obarcala.bsky.social)
Well, seems like we're about to discover a new constitutional provision about environmental law
Owen Barcala (@obarcala.bsky.social) reply parent
Lol, one time on twitter I responded to a decision by saying I wish the dissent kept the "respectfully" off, and I got a dozen replies like, "this is how I can tell you're not a lawyer"
Chris Hayes (@chrislhayes.bsky.social) reposted
I mean if we’re doing reality programming, I want to watch him do a foot pursuit
Owen Barcala (@obarcala.bsky.social)
Something that always stuck with me from the book Machete Season was how in the build up to the Rwandan genocide public officials and radio hosts would call the Tutsis "cockroaches."
Owen Barcala (@obarcala.bsky.social) reply parent
Great coloring on the power swords
Anna Bower (@annabower.bsky.social) reposted
NEWS: Federal judge finds that Alina Habba is NOT lawfully performing functions and duties of U.S. Attorney in New Jersey. Judge Matthew Brann disqualifies Habba from prosecution of two criminal defendants who challenged her appointment
Owen Barcala (@obarcala.bsky.social) reply parent
"If you received a bag of chips containing money, can you accept it? Clearly no. "BUT, if you received a bag of chips that had only delicious chips in it? Actually, also no."
Owen Barcala (@obarcala.bsky.social) reply parent
Evidently (according to the petition), the rush is because the CA Secretary of State has set this Friday as the deadline for redistricting
Owen Barcala (@obarcala.bsky.social) reply parent
Yeah, I was thinking the same thing. Big risk if this isn't ordinary practice. And I should point out, this isn't just a procedural rule of the legislature. It's in the California Constitution, can't be waived without a 3/4 vote.
Owen Barcala (@obarcala.bsky.social) reply parent
The challenge wasn't about the propriety of redistricting, but raised alleged violations of certain procedural rules that require the legislature to wait 30 days after the text is introduced before voting on it The legislature took a bill that met this requirement and changed every word
Owen Barcala (@obarcala.bsky.social)
For those seeing the reports about the CA Supreme Court rejecting the GOP attempt to stop redistricting efforts, this is all we get
Owen Barcala (@obarcala.bsky.social) reply parent
It only vacates damages, no? The plurality (I think that's what this can be called) upholds the judgment.
Owen Barcala (@obarcala.bsky.social)
Well this is sort of a weird thing to see in a judicial opinion (From the opinion holding the Texas law mandating posting the Ten Commandments in schools unconstitutional) storage.courtlistener.com/recap/gov.us...
Owen Barcala (@obarcala.bsky.social)
Look, I don't really *want* to engage in corruption, but I need sooo much catering...
Bradley P. Moss (@bradmossesq.bsky.social) reposted
Media reporters: Trump is still adjudicated criminally as a fraud and civilly as a fraud. Get your act together.
Owen Barcala (@obarcala.bsky.social)
How is it a power grab when we've already reduced sidewalk gum by eleventy percent over a sennight?
Gabriel Malor (@gabrielmalor.bsky.social) reposted
6th Cir. will not extend Bivens to cover a DACA recipient who says that, despite her lawful status, ICE detained her and shuffled her all over the country for eight days in retaliation for her posting bond for others at an ICE facility. www.opn.ca6.uscourts.gov/opinions.pdf...
Dru Stevenson (@drustevenson.bsky.social) reposted
⚖️Yesterday the 11th Circuit held that the federal ban on marijuana users having guns is unconstitutional as applied to the plaintiffs - Florida Commissioner of Agriculture v. Attorney General, 2025 WL 2408432. Note this was declaratory judgment action, not an appeal of a criminal conviction... 1/n
Owen Barcala (@obarcala.bsky.social)
To many pundits, democracy is a subjective thing that means the "right" kind of people can get in power, not an actual democratic process
sarah jeong (@sarahjeong.bsky.social) reposted
"I'm not perverted, I'm just Italian" < "I'm not corrupt, I'm just Chinese"
Pam Spaulding (@pamspaulding.bsky.social) reposted
"Tesla claimed that all vehicles built since 2016 have the hardware capable of achieving “full self-driving”, which isn’t the case, and...selling a software package called “Full Self-Driving” (FSD) that it claimed would deliver unsupervised level 4-5 self-driving, and it hasn’t." 🧾 is.gd/aeVSuC
Owen Barcala (@obarcala.bsky.social) reply parent
The most disappointing thing about it is, with all the bribes Adams took from Turkey, you'd think he could do this with some aplomb
Owen Barcala (@obarcala.bsky.social)
Lmao, the cash stuffed in a sour cream and onion chips bag was a gesture of friendship? Clearly friendship gestures come in at least a cheddar ruffles bag
Owen Barcala (@obarcala.bsky.social)
Wouldn't you want a mayor who at least has the sense to not bribe a reporter without a prior agreement?
Owen Barcala (@obarcala.bsky.social)
I'm involved in a case with some lawyers in Hawaii and it is disconcerting how they seem to genuinely use "aloha" in their emails and correspondence. It always reads as sarcastic to me.
jamelle (@jamellebouie.net) reposted reply parent
from chandra manning's wonderful book "what this cruel war was over"
Dru Stevenson (@drustevenson.bsky.social) reposted
⚖️Yesterday, the Second Circuit upheld the federal law prohibiting interstate transport of firearms (trafficking), 18 U.S.C. § 922(a)(3), against a Second Amendment challenge. United States. v. Vereen. 1/n ww3.ca2.uscourts.gov/decisions/is... #2A #GVP
Owen Barcala (@obarcala.bsky.social)
1. Eliminate ICE 2. Whoops, we have all this extra funding lying around 3. Fund USAID, NSF, and NIH grants