For the record, we made it.

We may need Paul Revere

So far so good. At the airport flying back from the Loyola Constitutional Law Colloquium. Spouse is flying back from a psychiatry conference in Toronto. Will we both get to Boston for a performance of Guys and Dolls starring daughter 3?

On the meaning of "regular forces" in 1908. balkin.blogspot.com/2025/11/regu...

Historical experience suggests that when a justice disappoints their immediate political sponsor, there is almost always both a political and a legal reason for the disappointment, that pure law rarely triumphs over pure politics.

Graber also believes law matters, but not that only law matters. We need more sophisticated analysis that detail the place between blind faith and pure cynicism.

Could it possibly be that both Spanberger and Mamdani are the future of the Democratic party and that future depends on their supporters learning to get along and support different kinds of Democrats in different places?

On why judicial biographies are almost always bad, unless you collect cliches. washingtonmonthly.com/2025/11/02/a...

Excited to join

Section 6 of the Trump Compact mandates that the Justice Department determines who is a man and a woman and not individual students, even when their claim is based on medicine, philosophy, and other academic disciplines. Who gets tenor parts depends on the DOJ, not their voice.

Under Part 5 of Trump's Compact's the DOJ determines grading curves and whether a professor acts fairly who gives an A to essays that demonstrate the unitary executive is an historical fiction or that aspirin is not a leading cause of autism.

Under Part 4 of the Compact, the DOJ determines whether a med school can comment on policies that threaten public health, such as sharp limits on vaccination, and a law school can comment on policies that threaten the rule of law, such as singling out specific people for revenge prosecutions.

Under Section 3 of Compact the Department of Justice gets to determine whether women and persons of color with outstanding achievements were nevertheless hired because of their race or gender (but not apparently whether less qualified conservatives are being hired for prestigious positions).

Under Part II of the Compact with Universities, the DOJ decides whether university members can belittle the idea that bleach can cure COVID or that abortion is a leading cause of breast cancer.

Part I of Trump's academic compact would permit the DOJ to decide whether a graduate school could recruit at an historic black college or university and how much weight a graduate program in philosophy could place on a submitted essay as opposed to a standardized test.

The core of academic freedom is the principle that university presidents, deans, and faculty determine how best to produce and disseminate knowledge. The Compact would make the Department of Justice the final authority on how to best produce and disseminate knowledge. It's that simple.

One way of integrating Martin v. Mott is that the president determines when to federalize the national guard, but the Constitution determines how they may be deployed

Oregon correctly claimed that Trump's federalization of the Oregon militia deprived Oregon of members of the state militia that might have other uses. If the federal government federalizes state prosecutors or a state park, the state has been injured. So we do not have to wait for other injuries.

Good to win in Oregon, but judge too broadly defined presidential power to use military for law enforcement. 19th law forbids usage unless courts are closed and/or marshals cannot enforce judicial decrees.

Just filed (or CREW filed for me) an amicus brief indicating that deployment of state militia in Oregon is inconsistent with historic practices. Little difference between that brief and the California brief. Happy to share for those interested.

Some thoughts on Kimmel and of how the marketplace of ideas merges into the commercial marketplace. www.youtube.com/watch?v=tDk6...

I am listening to the Prime Minister of the United Kingdom on the Middle East (I am on next for a Kirk discussion). Calm, rational, intelligent call for a two-state solution. You can disagree, but the contrast with the President of the United States is stunning.

The drip-drip of free speech weakening www.huffpost.com/entry/jimmy-...

Interesting quotes from Mark Graber and, at least before correction Mark Garber (my evil twin). www.huffpost.com/entry/url-ch...

My amicus brief on the history of Militia Acts filed in Trump v. Newsom. www.citizensforethics.org/wp-content/u... The CREW press release is here: www.citizensforethics.org/legal-action...

By any chance was this BC. This also happened to me today.

Breaking news: Article I published about two years ago has been rejected by a prominent law review.

Here is hoping all my friends will contribute a post indicating that whether in the past few days we decided to call Charlie Kirk a bigot depended on timing and not the truth of the matter. No one who articulated his racial sentiments should be canonized in the US.

Is it appropriate for government agencies in blue states and blue employers to fire anyone who praises Charlie Kirk on social media because that will offend workers and customers who do not believe bigots should be canonized.

Charlie Kirk had a message that mobilized young men. Not enough to say the message was hateful. Progressives need to craft better messages for mobilizing young men (and women).

A terrific post by a terrific young scholar who ought to be on the short list of all appointments committees. harvardlawreview.org/blog/2025/09...

Prof near retirement: I have no thoughts about X, but the conference is in a place with nice restaurants so here goes.

Happy to explain to @kendrawrites.com . My email is [email protected]. I can answer questions or we can set up a chat.

Progressives lower the flag to communicate to conservatives mourning Charley Kirk that they are part of our community and to other progressives that violence to obtain political goals is unacceptable.

For those of you in NYC on October 11. Thank you so much to Penny Andrews for sponsoring this and other friends for participating. www.nyls.edu/events/book-...

Some thoughts on the Roberts Court, Trump, tariffs, and litigating to lose. www.theguardian.com/us-news/2025...

Last revisions done to amicus in Trump v. Newsom. History prohibits federalizing the nat. guard unless invasion, rebellion, (widespread, substantial, and sustained effort to overthrow the gov.), or no law enforcement because uprising has closed federal courts. Link by the middle of next week.

The President may use troops for law enforcement only when a) no other federal civilian forces are available and b) when courts are closed or judicial orders are being flouted. For the beginnings of the argument, see www.journalofthecivilwarera.org/2025/07/the-... Still working on the details.

Least surprising judicial decision of 2025, which might have been surprising if coming from the Supreme Court. www.yahoo.com/news/article...

Do we really have to imitate Trump. I'm all for redistricting, but maybe our tweeting style might be more adult.

Rather clearly the Democratic leadership is more invested in maintaining being the Democratic leadership than in becoming the majority party (under perhaps new leadership).

Donald Trump is dimensionally the worst president in American history. The Roberts Court, already the worst tribunal in American history, is striving to be dimensionally the worst tribunal in American history. Both are great for my media presence. www.nytimes.com/2025/08/05/o...

I have reached that stage in life where a) when I walk into CVS I assume I have a prescription waiting and b) I get half my daily calories from my medications.

Might an opposition party inform the public about Trump's friend Bolsonaro. Or do Democrats only act after five political consultants go to three ritzy hotels to hold 6 focus groups with 8 people that advise the to make two banal statements.

Serious question. Under "stand your ground" laws, may persons use deadly force to prevent private masked persons who do not show government identification from abducting or otherwise assaulting people on the streets.

Presumably Trump is also going to declare unconstitutional geographic diversity, which was designed to limit the number of Jews and increase the number of white Anglo-Saxons. Most of the diversity students at many schools are white.

Should progressives make clear all the wonderful things Trump's friend Bolsonaro has done and the wonderful policies he supports. Might provide some context for why all of us must pay higher prices on Brazilian goods.

Starting a project on historical understandings of invasion, rebellion, and executing the laws. Short version. No president during the 18th or 19th century would have federalized state militia to deal with sporadic violence during a political protest. www.journalofthecivilwarera.org/2025/07/the-...

A real opposition party might say something about this. www.nytimes.com/2025/07/05/u...

Why can't Democrats and anti-MAGA of all persuasions cheer Mamdani. We need bright new voices. Some of them will be democratic-socialists, others will be more centrist. Seems that right now the need for young blood is far more important than young anti-MAGA blood that skews a certain way.