It is so great how every person/couple is it’s own little captured story.
Law professor. A skeptic, not a cynic. https://www.stetson.edu/law/faculty/home/james-fox.php
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It is so great how every person/couple is it’s own little captured story.
👎
And United States foreign aid goes to…
But but but did they talk about the war criming in Star Wars?
Just in time for the grant in Slaughter, my latest with @andreascoseriakatz.bsky.social and @janemanners.bsky.social out in the @umichlaw.bsky.social Journal of Law Reform! repository.law.umich.edu/cgi/viewcont...
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The Supreme Court could say the president’s allegedly illegal actions must be put on hold while the Court reviews it. Instead, they repeatedly say Trump’s abuses must be allowed to go forward while in dispute. That’s entirely a choice. There’s no basis in law. Made the opposite call with Biden.
I'm just gonna keep reposting this inane BS from Justice Kavanaugh's concurrence on the roving immigration patrol case from LA.
The nonrelegation doctrine
I had overlooked the Court's 2nd QP: "Whether a federal court may prevent a person’s removal from public office, either through relief at equity or at law." This is a wildly broad framing. A negative answer would effectively moot the Fed carevout in Wilcox & overrule, e.g., Powell v. McCormack.
Jean Carroll
The Gettysburg Redress
Honest question. Are there other examples in history where the top US Attorney in a jurisdiction was not ever trained as or had experience as a prosecutor?
You’d think 20+ years of teaching Poverty Law would have prepared me better for this.
Please, let’s not pin this on Rawls. Good thread arguing why Buckle is wrong about Rawls (which Buckle did not disagree with!). The problem is bad applications of Rawls by wonks and pols. Buckle may well be right there. bsky.app/profile/neuf...
This thread is funny, but I want to point out that Souter would have seen this as a plus. One of the many reasons to love him.
By any reasonable measure of judicial activism, this is pretty plain evidence that the late Roberts Court is very activist.
Certiorari "before judgment" is how #SCOTUS takes up a full appeal *before* the intermediate federal courts have heard it. It used to be exceedingly rare. For instance, there wasn't a *single* grant of such expedited review b/w August 2004 & February 2019. This is the *23rd* such grant since then.
This
SCOTUS, June 2026, rejecting a challenge based on non-delegation and major questions: "Those doctrines only apply to agencies. When the delegation is to the executive directly, the original understanding does not bar it. See our recent cryptic shadow docket case. Blah blah blah yippie ki-yay."
www.notus.org/courts/doj-p...
Possible useful teaching case on the new business rule (and why we don’t need it). District Court reverses $100 million verdict, not b/c of the new business rule but because damages just weren’t provable with reasonable certainty. www.contractsprofblog.com/2025/09/cour...
With malice toward my opponents, with charity for my minions, with firmness in the grift as God gives us to see the grift, let us strive on to finish the work we are in to pour salt on the nation's wounds, to pardon him who shall have done my bidding, & to do all which may line my family's pockets.
So @kevinmkruse.bsky.social is too biased to quote, but Shirley, a GOP lobbyist and consultant, can lie wantonly and be called a “presidential historian?”
One good thing today: Belichick got thumped again. (I say this as a UNC alum)
e.g. www.nytimes.com/2025/09/20/u...
Further note to baby lawyers: if you plan to work for this admin, you will need to learn how to do this (whichever side of the exchange you are put on).
This is funny.
This. Gregg Nunziata is/was as establishment a GOP lawyer as there is/was. GC for Senator Rubio, Senate Judiciary staff, DOJ. When he is telling you this is the worst DOJ ever, listen.
There's definitely still law. But the rule of law cannot exist if law is subject to the whims of the President.
BMW, Siemens, Bayer. The list is pretty long actually. And VW was founded by the nazis. also Kodak and IBM (US companies) did business with them.
Again Bouie from the top rope
The pro-life party is a death cult. The amount of death and illness from the sudden ending of USAID is staggering and deeply immoral. This is great work by Kristof bsky.app/profile/katz...
tapping sign so hard I may break a finger
1850s Ezra: what the antislavery folks in Kansas need to do is run a pro-slavery candidate
The worst thing that happened to him was getting hired by the Times. He‘s a former data-driven analyst who now just runs on vibes.
🚨🚨🚨🚨Without explanation, BLS has indefinitely delayed a key data release used to calculate inflation. Annual Consumer Expenditures data is used to determine the weighting of specific goods and services in the Consumer Price Index for the year ahead. www.axios.com/2025/09/19/b...
this is absolutely wild the court *sua sponte* dismisses the case for violating Rule 8(a) so that means the court, all on its own, looked at the complaint and said it's too long, too scattershot, too arbitrary to even count as a complaint. *never* seen this happen to a private party with counsel.
This is just a distraction
rEceSSiOnS aRE gOoD ACtuAlLY
Charlie Kirk on Pope Francis:
LOL. "In addition to the legal issues at hand, Merryday bemoaned the writing.... The judge said a new complaint may be filed within 28 days and must be under 40 pages long." www.washingtonpost.com/business/202...
Further note to baby lawyers: you won’t be covered by presidential immunity.
Further note to baby lawyers: if you work for this admin your job will hinge on whether you will illegally manufacture evidence against and unethically prosecute T’s vendetta targets. bsky.app/profile/josh...
“For the large majority [of the Harper’s Letter signatories,] Trump’s reign of terror has apparently been less objectionable than the irritating undergraduate and entry-level scolds of the 2010s.”
Current jam. Forgot how much I like this. www.discogs.com/master/68789...
The pro-life party is a death cult. bsky.app/profile/cnn....
I extensively covered Putin's crackdown on the Russian media as a freelancer for Radio Free Europe/Radio Liberty in the early 2000s. It's true, they used corporate media owners or shareholders to impose editorial changes on unfriendly outlets. A story I wrote in 2003: www.rferl.org/a/1344358.html
What’s worse: 1) how T eats pasta 2) that T is eating while King is talking 3) British pasta
He joined an NRA-side amicus brief in Vullo. Jawboning for me but not for thee is quite the constitutional principle. manhattan.institute/article/amic...
Stochastic terrorism in action
And what do you say, Sammy A? Are Kimmel and every other target of Trump's pretextual retribution and repression campaign, also "victims [who] simply wanted to speak out on a question of utmost public importance"?
Happy Constitution Day
Someone needs to alert the Trump White House that the Trump White House is in direct violation of the Trump White House's Executive Order on free speech: www.whitehouse.gov/presidential...
One thing is certain: All those mergers have increased the efficiency of censorship and authoritarian control. #Satire
Some killings you're allowed to joke about.
I can't recommend this essay enough: "Ultimately, thinking historically is about asking better, more probing questions. It is a disciplined curiosity that fosters an appreciation for the complex interplay of individual agency, structural forces and pure chance." www.noemamag.com/the-lost-art...
Harlan's Lochner dissent probably captures the old-style R view best - no surprise there.
I have never felt that the understanding of economic liberties you see in the 1860s Republicans (basically a Jackson/Lincoln hybrid free laborism) maps well onto the Stephen Field et al anti-regulatory liberty of contract. But I would agree the free labor ideals are there.
The leap he makes from Bingham's "there's a right/PorI to claiming the fruit of your labor" quote to Lochner's anti-labor, anti-regulation holding is hilarious. But yeah, Barrett's is definitely a cafeteria originalism.
I have no cancelled subscriptions left to give.
One can make this point without the “in our entire history” nonsense. Slavery? Red Scares? Our current speech trajectory is bad. We have also had other bad times for speech. Maybe we can take some heart from that, and a strategy or two.
Look, they do not have the capacity or competence to do this at the scale they want you to fear they do, and your fear is precisely their greatest force multiplier. Everybody who is cowed into silence by their threats allows them a smaller pool to focus on.
Fun fact: on the album cover of Even in the Quietest Moments, the sheet music on the piano has the title "Fool's Overture." Fool's Overture is in fact a song on the album (a gloriously bloated 10 min art rock piece) but the actual notes depicted on the sheet music are from the Star-Spangled Banner.
i have said this before but when “getting rid of race in admissions” for the administration means “you can’t even try to reach out to underrepresented communities and encourage them to apply and if you do it is illegal discrimination against white people” then the actual goal here is segregation
Florida is out there DOGEing Democratic local governments while the actual corruption and injustice is happening in the state insurer system they themselves created. 90% win rates? inconceivable unless rigged. (Story quotes a 55% win rate in courts before mandatory arb was imposed.)
NEW: In a moment of peril, Florida lawmakers allowed Citizens Property Insurance, its insurer of last resort, to take disputes before judges whose salaries it funds. The company has taken 1,500+ insurance disputes to mandatory arbitration, where it wins more than 90% of final hearings.
We’re all dead and in hell makes a heck of a lot of sense when you think about it.
Sunday cooking: riso al forno
Rankin v McPherson is not going to survive our current moment. supreme.justia.com/cases/federa...
These folks only advance free discourse claims instrumentally. What they want is operational control to restrict opposing views. They are not friends of academics or of free exchange, and should not be called that even if they help you promote a new book.
Weiss is actively undermining the core values of the institution (academia) Amar rests on, values, and is enriched by. It’s the false civility point again. Without some basic grounding agreement of values, “civil” discourse is a mask for advancing brutal politics. It’s the Kirk problem.
To be clear, I know he has always sought to engage with a range of political views and people, and this can be one of his strengths. Indeed, the chance that FP readers will take his analysis of birthright citizenship seriously is a huge plus. But…
Have been listening to Akhil Amar’s podcast the past couple weeks. Overall pretty meh about it. Too much promotion of self and acolytes, too little analysis (I enjoy his analysis generally). But he jumped the shark when he called Bari Weiss a friend and promoted a piece he has in FP.
If neo-confederate counts as original.
reposting with alt text because this feels incredibly significant. the right-wing disinfo machine means a lot of the people grieving Charlie Kirk never heard any of the things he said that would have tarnished his brand as Guy Who Just Wants to Have Dialogue Across the Aisle
“Kilmeade practices political commentary the right way,” said Ezra Klein. ”He is not himself killing the homeless, but rather suggesting the policy as a matter of reasoned debate. His moxie and fearlessness forces everyone to ask the hard questions.”
bsky.app/profile/wome...
Huh an awful lot of rhetoric shifted from Old Testament to New Testament over the past few hours
I know everyone is consumed with other news, but this is a big fucking deal: The Trump administration says that IUDs and the Pill are actually abortions. Here's what USAID told the NYT about the $10m in birth control they plan to destroy. www.nytimes.com/2025/09/11/h...
President stochastic terrorism doing his thing.
It is wildly unusual for lower-court judges to so publicly express frustration with the Supreme Court’s *behavior* (versus, say, a confusing ruling in a specific case). But the number of *different* examples is completely unprecedented—and pretty powerful evidence that something is seriously wrong.
Lobbyists for a billionaire and a charter network pushed #Florida lawmakers to expand a school privatization program jasongarcia.substack.com/p/lobbyists-... via @jasongarcia.bsky.social
The outlet here, Florida Politics, is pretty sus and not something I’d call institutional media. A Florida news site covers politics — often for a price www.npr.org/2023/10/06/1...
“The government sometimes makes brief, investigative stops to check the immigration status of those who gather in locations where people are hired for day jobs such as construction, landscaping, agriculture or car washes…and who do not speak much if any English.” -Justice Kavanaugh
The man who incited and then pardoned 1500 Jan 6 insurrectionists and who fired their prosecutors is not the person anyone should listen to on the problem of political violence. And the press should not uncritically mouthpiece his rhetoric.
GOOD NEWS: Despite RFK Jr saying he would cancel $500 million in mRNA research, the House Committee on Appropriations has passed a spending package, that includes $1.1 billion for “advanced research and development” at BARDA, which includes research on mRNA vaccines.
I am not saying I think this decision was ultimately right in its application of Bruen - although I have absolutely *zero* doubt the current FL SpCt would uphold this case - but the OP is wrong to blame the court for refusing to apply Norman.
Sure, a lower court *could* say this and uphold the ban saying the Fl Sp Ct is the place to make the post-Bruen argument, but that's actually not how lower state courts *should* treat US Sp Ct rulings when applying federal constitutional law.
Moreover, open carry bans are a hard restriction to support under Bruen's historical analogy test. To me that is one of many things that shows that the dissents in Bruen and Heller were right - but that's not an available analysis for the courts now.
This is a bad take. The FL Sp Ct 2017 Norman decision applied an analysis that the US Sp Ct later expressly rejected in Bruen. Bruen's test stinks, but a FL lower court is actually obligated to apply Bruen and not follow Norman, given that it is a federal const right at issue.
excellent points (see embedded post and text screenshots)
Liberals say the Supreme Court had destroyed our democracy. They're wrong—it has destroyed our Republic.
Christi Belcourt, contemporary Métis visual artist known for her paintings which depict floral patterns inspired by Métis and First Nations historical beadwork art #womensart
Oh, this is 🔥🔥🔥
“It wasn’t signed with autopen therefore it is not his signature” is quite a turnaround.
Masterful thread by the thread master