Zoe Robinson
@zoerobinson.bsky.social
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Law Professor
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Zoe Robinson
Leah Litman
5 days ago
OMFG. I cannot begin to describe my gasp at how Roberts & co decided to go all in on LOST CAUSE theory & insist that the Reconstruction Congress did Confederate sympathizer President Andrew Johnson wrong by attempting to keep him from destroying Reconstruction
www.supremecourt.gov/opinions/25p...
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Adam Serwer
7 days ago
The new racist double standard set up by Alito in the TPS ruling: if there’s any other motive in addition to the racism, the racism doesn’t count, but if the state wants to *prevent* discrimination against black people, that is racist and unconstitutional
www.theatlantic.com/ideas/2026/0...
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Kevin M. Kruse
10 days ago
The Tea Party was (1) small protests which were (2) hyped by media & (3) led to the election of radical nut jobs who (4) badly broke US politics. What we have now are (1) huge protests that were (2) dismissed by media but (3) still got a few candidates in deep blue NYC who (4) will work to fix it.
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Alanna Vagianos
10 days ago
Four years after the Dobbs decision, pregnant people in states with total abortion bans are now nearly twice as likely to die during pregnancy, childbirth, or the postpartum period.
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Abortion Bans and Pregnancy-Related Care Across Physician Specialties
This qualitative study examines the association of abortion restrictions with abortion-adjacent care across medical specialties via interviews with US physicians who care for pregnant patients.
https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2850560?guestAccessKey=1b34668e-afe8-4888-aa3d-dd05b3b83eff&utm_source=for_the_media&utm_medium=referral&utm_campaign=ftm_links&utm_content=tfl&utm_term=062226#google_vignette
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Mark Joseph Stern
11 days ago
KBJ's dissent: "The court reduces some of Congress’s greatest legislative achievements—federal laws that secure civil rights, environmental stability, healthcare, and more—to nothing more than the wheelings-and-dealings of an especially wealthy private party."
www.supremecourt.gov/opinions/25p...
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Leah Litman
11 days ago
ugh-scotus guts individual liability under RLUIPA (&basically says all spending clause statutes don't provide for individual liability) so tally today: victims of human rights violations & beneficiaries of public benefits programs can't sue. oil companies can.
www.supremecourt.gov/opinions/25p...
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https://www.supremecourt.gov/opinions/25pdf/23-1197_h3ci.pdf
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@palesl.bsky.social
outlines our empirical work of the past few years highlighting the ideological dimension of judicial selection and decision-making on the High Court of Australia.
add a skeleton here at some point
about 1 month ago
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Justin Wolfers
about 1 month ago
Economists call this diminishing marginal utility. The first dollars change your life. The billionth doesn't. So the argument stops being about consumption and starts being about power.
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Alan Elrod
about 2 months ago
Use the map in Virginia. Then, if you get control of Congress, be ruthless. Block everything. Do impeachments. Run investigations. Then in 2029, expand the Supreme Court, make DC a state, expand the House.
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Adam Bonica
about 2 months ago
The Trump-IRS settlement talks are blatant corruption being laundered through the legal system in broad daylight. A president suing his own government. Kleptocracy usually requires some effort to hide. Resist the temptation to normalize this. Authoritarians have routinely been overthrown for less.
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Eddie Yang
about 2 months ago
New paper in Nature. The more a government controls its domestic media, the more it dominates AI training data, the more pro-regime outputs we get from AI. By scraping the open web, LLMs are unwittingly laundering state-coordinated narratives into seemingly objective answers.
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Rick Hasen
about 2 months ago
My new one
@slate.com
: Why is John Roberts in a Rush All of a Sudden?
slate.com/news-and-pol...
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Jamal Greene
about 2 months ago
As Justice Sotomayor's dissent notes, the district court's finding of unconstitutional discrimination is unaffected by Callais. But if the dist. ct. now reinstates that finding on remand, the state will run to SCOTUS and say Purcell forbids the court to do so. You can guess what happens next.
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Tyler McBrien
about 2 months ago
🚨 NEW TOOL for U.S. legal journalists ⚖️ I turned
@allyjar.bsky.social
's incredible crowdsourced Google doc on accessing state court records into an interactive map. Check it out and let me know about any errors, missing information, or ways I can improve this thing (link below)
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Maggie Blackhawk
about 2 months ago
I dream of a day when the legal academy spends as much attention to congressional and other legislative reform, than they spend debating whom among us is properly critical of the Supreme Court. Reforming Congress is equally (or more) important than rethinking Supreme Court practice and authority.
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G Elliott Morris
about 2 months ago
A very Strength In Numbers-coded article today: It looks like Republican Supreme Court justices made a very rudimentary, but willful, statistical error in their effective invalidating of the VRA in the Callais decision.
www.gelliottmorris.com/p/2026-05-08...
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The simple statistical error Republican Supreme Court justices used to gut the VRA
The Court says vote dilution can be proven only after "controlling" racial polarization for partisan polarization. This is a nonsensical and impossible test
https://www.gelliottmorris.com/p/2026-05-08-simple-math-error-scotus-callais-vra
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Chad Oldfather
about 2 months ago
Motivated reasoning, naive realism, and the resulting bias blind spot are powerful, powerful drugs.
add a skeleton here at some point
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Pre-ordered this, looking forward to reading!
add a skeleton here at some point
about 2 months ago
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Liberal Currents
about 2 months ago
"Our screens are two-way, yes, but we can easily forget that the people on the other end exist as more than characters for our enjoyment. The degradation and humiliation rituals of reality television now play out across our social media feeds."
www.liberalcurrents.com/the-parasoci...
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The Parasocial Style in American Politics
Our screens are two-way but we can easily forget that the people on the other end exist as more than characters for our enjoyment.
https://www.liberalcurrents.com/the-parasocial-style-in-american-politics/
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Steve Vladeck
about 2 months ago
We live in a time dominated by deeply unserious people making deeply unserious arguments in support of tragically serious results that serious people would have both avoided and known to avoid.
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Rick Hasen
about 2 months ago
Jamelle Bouie: “John Roberts Believes in an America That Doesn’t Exist”
electionlawblog.org?p=155957
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Jamelle Bouie: "John Roberts Believes in an America That Doesn’t Exist" #ELB
NYT column: For the Roberts court, however, these districts are little more than a “racial entitlement,” to borrow a phrase from Justice Antonin Scalia. In the court’s view, you may have the right to ...
https://electionlawblog.org/?p=155957
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Rick Hasen
about 2 months ago
Hardline Conservatives Including Justice Alito Really Do Not Like Justice Kentanji Brown Jackson Speaking Truth to Power
electionlawblog.org?p=155951
Count me as all the way with KBJ.
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Hardline Conservatives Including Justice Alito Really Do Not Like Justice Kentanji Brown Jackson Speaking Truth to Power #ELB
Witness the recent attacks. Count me as all the way with KBJ.
https://electionlawblog.org/?p=155951
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Adventurism Time
about 2 months ago
Can't fix racist maps because the election is only a year away, but you can stop an election after voting starts to make the maps more racist. Good thing racism is over. 🤬
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Rick Hasen
2 months ago
Norm Ornstein: “SCOTUS’s Brazen Power Grab Guts Voting Rights”
electionlawblog.org?p=155877
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Norm Ornstein: "SCOTUS's Brazen Power Grab Guts Voting Rights" #ELB
Norm at The Contrarian: Now to Article III. The Framers did not expect that the judiciary would usurp the powers of the first branch. They created a Supreme Court and gave Congress power to establish ...
https://electionlawblog.org/?p=155877
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#historyandtradition
add a skeleton here at some point
2 months ago
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Rick Hasen
2 months ago
“Who Will Stand Up to the Supreme Court Justices?”
electionlawblog.org?p=155848
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"Who Will Stand Up to the Supreme Court Justices?" #ELB
Nikolas Bowie & Daphna Renan NYT oped: With its decision this week in Louisiana v. Callais, the Supreme Court gutted a core part of the Voting Rights Act, Congress’s landmark prohibition on voting rul...
https://electionlawblog.org/?p=155848
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Niko Bowie
2 months ago
By gutting the Voting Rights Act, the Supreme Court is killing the Second Reconstruction. The first Reconstruction shows how Congress should respond. Me and Daphna Renan in the NYT on the tools we have to save democracy from a hostile Court.
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Opinion | Ruling by Ruling, the Supreme Court Is Undoing the Civil Rights Movement
https://www.nytimes.com/2026/05/02/opinion/supreme-court-voting-rights-act.html?unlocked_article_code=1.fVA.2nfN.F6RqiLMzeDvi&smid=url-share
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Zoe Robinson
𝕊𝕦𝕟𝕕𝕒𝕖 𝔾𝕦𝕣𝕝
2 months ago
Hillary was right about everything.
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Zoe Robinson
Tom Clark
2 months ago
These figures are *crazy.* And, yes, that's a technical term in the study of judicial politics.
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Dare Obasanjo
2 months ago
American Black women now have fewer voting rights and reproductive rights than their mothers did at the same age. Progress isn’t a straight line, indeed.
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The Supreme Court’s Conservatives Just Issued the Worst Ruling in a Century
This evisceration of the Voting Rights Act requires us to take SCOTUS reform more seriously.
https://slate.com/news-and-politics/2026/04/scotus-voting-rights-section-two-ruling-history-worst-century.html
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Rachel Shelden
2 months ago
I don't think it's a coincidence that lots of folks are publishing books this year that explain/contextualize this
#SCOTUS
& the current moment. Some to look for (& if you've got one I've missed, pls add!). Mine, the Political Supreme Court, will be out in October 1/
uncpress.org/978146969713...
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The Political Supreme Court
Today’s Supreme Court justices bristle at the label “politicians in robes,” insisting that they operate above the fray of partisan politics. But for th...
https://uncpress.org/9781469697130/the-political-supreme-court/
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Zoe Robinson
Ida Bae Wells
2 months ago
We must understand that the Voting Rights Act was not merely about ensuring Black Americans rights, it was about democratizing America. This ruling is not just a decimation of Black rights and Black Americans’ ability to have representation, it is a fatal blow to multiracial democracy.
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Rick Hasen
2 months ago
My New One at Slate: “The Supreme Court’s Conservatives Just Issued the Worst Ruling in a Century; This evisceration of the Voting Rights Act requires us to take SCOTUS reform more seriously.”
@slate.com
slate.com/news-and-pol...
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Laura Portuondo
2 months ago
Please ignore that "Racism is Over" talking point undermines "there is nothing worse than considering race" talking point.
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Steve Vladeck
2 months ago
"I dissent because Congress elected otherwise. I dissent because the Court betrays its duty to faithfully implement the great statute Congress wrote. I dissent because the Court’s decision will set back the foundational right Congress granted of racial equality in electoral opportunity. I dissent."
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Kyle Griffin
2 months ago
Justice Kagan: "I dissent. The Voting Rights Act is—or, now more accurately, was—'one of the most consequential, efficacious, and amply justified exercises of federal legislative power in our Nation's history.'
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Jonathon Booth
2 months ago
The result of Callais will be that black and latino voters will be prevented from electing representatives of their choosing at every level of government.
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Zoe Robinson
Micah Schwartzman
2 months ago
If you’re a law professor thinking about reposting the claim that the Unite the Right rally was staged or faked, I’d encourage you to read the transcripts from Sines v Kessler. I know they run several thousand pages of testimony from the organizers, but they’re easily accessible and linked below.
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Rick Hasen
2 months ago
To those complaining about the Democrats' partisan gerrymander in Virginia: Congress has the power to ban partisan gerrymandering in congressional elections under its Article I, Section 4 powers. So far Republicans have been almost uniformly opposed. Is this going to change now?
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Gabriel Malor
2 months ago
There is a WILD ONE out of the 8th Cir. today about a man who stole another man's identity 30 years ago, lived all those years under the other man's identity including getting married and having a kid, who then got the other man prosecuted for identity theft.
ecf.ca8.uscourts.gov/opndir/26/04...
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Micah Schwartzman
2 months ago
CA5 rules that there is no secular purpose requirement under the Establishment Clause. So when individuals act for religious reasons, their actions are treated as religious, triggering exemption claims; but when the state acts for religious reasons, its actions are ... well, nothing to see here ...
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The Asymmetry of Religious Motivation | Yale Law Journal
The Supreme Court’s religious freedom doctrine treats religious motivation asymmetrically: with respect to free exercise, religious motivation suffices for...
https://yalelawjournal.org/supreme-court-collection/the-asymmetry-of-religious-motivation
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Delighted that my article "Supporting Comparative Studies of Judicial Behavior: Introducing the Australian High Court Database" with
@palesl.bsky.social
, Tonja Jacobi, and Russell Smyth is now published in the Journal of Law and Empirical Analysis, available here:
tinyurl.com/859cdpa2
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Supporting Comparative Studies of Judicial Behavior: Introducing the Australian High Court Database - Pat Leslie, Zoë Robinson, Russell Smyth, Tonja Jacobi, 2026
Comparative research on law and legal institutions depends on high-quality data infrastructure. This article introduces the Australian High Court Database—a new...
https://tinyurl.com/859cdpa2
3 months ago
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Jamal Greene
3 months ago
Most striking to me about these memos is the radically different assessment of the harm imposed by the president not being able to pursue his initiatives. Over the last 15 mos., that harm has in numerous cases been treated as almost per se serious and irreparable. Here, it gets no analysis at all.
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Eric Segall
3 months ago
John Roberts has destroyed the Voting Rights Act, ended affirmative action, implemented the unitary executive, used the shadow docket to further GOP interests, changed the first amendment to transform free exercise into religious supremacy, and end the establishment clause. Hubris all the way down.
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Alicia Bannon
3 months ago
Public confidence in SCOTUS has plummeted. There are many reasons for that, but a shadow docket that seems plagued with motivated reasoning & double-standards certainly isn't helping. Ultimately, public trust has to be earned. /fin
www.brennancenter.org/our-work/res...
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Public Polling on the Supreme Court
The data includes sentiment on the Supreme Court itself and reform proposals.
https://www.brennancenter.org/our-work/research-reports/public-polling-supreme-court
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Jen Taub
3 months ago
"In public Chief Justice John G. Roberts Jr. has cultivated a reputation for care and caution.The papers reveal a different side of him.At a critical moment for the country and the court the papers show he acted as a bulldozer in pushing to stop Mr. Obama’s plan to address the global climate crisis"
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Ellie Margolis
3 months ago
Time for your periodic reminder not to sleep on state constitutions when making civil rights claims. Many states have broader protection than the U.S. Constitution offers.
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David H. Gans
3 months ago
My latest
@slate.com
tells the story of the Black Convention movement during Reconstruction & how it shaped the Reconstruction Amendments. With three huge 14A cases awaiting decision, it's time to heed Justice Jackson's call for a more inclusive history.
slate.com/news-and-pol...
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The Supreme Court Has a Chance to Revolutionize Its Approach to the Law
In the next few months, the Supreme Court will issue a spate of potentially landmark rulings on the meaning of the Reconstruction Amendments.
https://slate.com/news-and-politics/2026/04/supreme-court-black-conventions-ketanji-brown-jackson.html
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Zoe Robinson
Scientific American
3 months ago
A man with HIV has gone into remission after receiving bone marrow from his brother, who has a rare mutation that prevents the function of receptors that HIV binds to
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Person functionally cured of HIV after bone marrow transplant from sibling
A man with HIV has gone into remission after receiving bone marrow from his brother, who has a rare mutation that prevents the function of receptors that HIV binds to
https://www.scientificamerican.com/article/person-functionally-cured-of-hiv-after-bone-marrow-transplant-from-sibling/
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Tanner Allread
3 months ago
Honestly still in shock by its placement, but my article (and job talk paper), “Indigenous Constitutionalism,” is officially out in the Harvard Law Review. A brief thread on this project🧵
harvardlawreview.org/print/vol-13...
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Indigenous Constitutionalism - Harvard Law Review
By standard accounts, there are fifty-four constitutions across the federal, state, and territorial governments of the United States. But in fact, there are 230 other governmental constitutions that currently govern peoples and territories within the United States. These constitutions not only flow from a sovereignty that existed prior to the United States but also came out of a legal movement that asserted its independence from both the U.S. Constitution and state constitutions. This Article tells the story of these constitutions — the constitutions of Native nations.
https://harvardlawreview.org/print/vol-139/indigenous-constitutionalism/
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