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Corey Rayburn Yung @coreyryung.bsky.social

Of course, if SCOTUS wasn't playing Calvinball, that would be blatantly unconstitutional under NFIB v Sebelius.

aug 25, 2025, 3:43 pm • 9 2

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Too Big to Fail @toobigtofail.bsky.social

I normally don't particularly care about "strongly worded" dissents, but Justice Jackson's dissent specifically calling the Court's jurisprudence "Calvinball but Trump always wins" is something I'd imagine will be in future law school classes about this era.

aug 25, 2025, 3:46 pm • 31 4 • view
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Matthew Segal @segalmr.bsky.social

I generally feel the same way about dissents. But yeah, if SCOTUS continues to allow Trump to behave as though there is only one branch of govt, it will be important for dissenting justices to say "it was contemporaneously obvious that the Court's handling of Trump was wrong."

aug 25, 2025, 4:36 pm • 9 0 • view
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Matthew Segal @segalmr.bsky.social

Always a challenge to write posts these days because we sort of have to say "under the logic of prior cases, this should be struck down," as opposed to "this *will* be struck down."

aug 25, 2025, 3:46 pm • 4 0 • view