My SCOTUSblog post today - www.scotusblog.com/2025/12/the-...

Jotwell Health: Wendy Epstein, When Primary Care Wait Times Become a Legal Problem, JOTWELL (December 16, 2025), health.jotwell.com/when-primary....

NEWS: Trump officials are worried the ICC may try to prosecute them for war crimes once Trump's term ends, and are threatening sanctions against the ICC to change its founding document to grant them immunity. (via Reuters / link in reply)

Now on SSRN: "The Missing Constitutional Law of Executive Conditions" (with Nicole Huberfeld) is forthcoming in Wash U. L. Rev--about the distinctive constitutional issues presented by presidential "regulation by deal." tinyurl.com/mrytp74z Comments very welcome on the draft!

Affordability concerns are real because: - Tariffs raise import costs - Deportations make it harder to harvest crops - Attacking Obamacare hikes premiums - Budget deficits raise mortgage payments - Undermining the Fed risks inflation. It's not a hoax; it's a policy choice.

NEW info on shipwreck attack. It gets worse. The 2 survivors climbed atop wreckage and waved to overhead. "Some of the people viewing the video thought ... could have been an attempt to surrender" Others "said the most logical explanation was ... signaling for a rescue." 1/

Pat Bagley, Salt Lake Tribune

Today I spoke to a judge I'd never met who read my book and said it "scratched an itch" that he and a lot of other judges are feeling. It also ties together a lot of ideas in ways that legal academics should find interesting. And it made for a fine primary text this semester. Maybe worth a look?

Trump continually overturns the decisions of American citizen juries. www.nytimes.com/2025/11/29/n...

Interesting — “Government by organized money is the same as government by organized mobs.” FDR 1936

Corruption is the lowest hanging fruit campaign issue for Democrats of any ideological orientation (except maybe those who are themselves corrupt in one way or another)

given how unpopular Trump is, it’s insane that civil society/universities/law firms are still asking themselves “how do I stay on Trump’s good side” rather than “how do I avoid facing consequences for complying with Trump’s illegal demands”

Approval of Congress has plummeted among Republicans

You can walk away. Before the shame follows you home. #StopICE

In 2022, Donald Trump sued me and others associated with the Clinton campaign for RICO. We did not cave. We fought. First, we won in a Florida trial court. Today, we won in the 11th Circuit. To the law firms, media corps and billionaires who bow down: Learn a lesson. Have some dignity and fight.

Good morning to Brazilian reporter Manuela Borges, who’s been waiting eleven years for this petty moment. ❤️ 🇧🇷

🚨BREAKING: Wisconsin Supreme Court APPOINTS three-judge panel to hear lawsuit brought by my law firm on behalf of voters seeking new congressional boundaries in time for the 2026 election. www.democracydocket.com/cases/wiscon...

That John Roberts was more concerned with nuisance lawsuits against the president than he was with whatever this is will haunt this country for a long time

This will surely surprise most Americans today, but historians have recently discovered that before Donald Trump, it was actually incredibly rare for a president to demand the public execution of this political opponents and press critics.

Before the midterms of 1866, President Andrew Johnson called his congressional opponents traitors and said they should be hanged. Voters were so profoundly moved by his words... that they gave his opponents a supermajority in Congress, and the nation got the Fourteenth Amendment.

“The juvenile actions and accusatory language spouting from every orifice of government may be among the most superficial features of our current crisis, but it is symptomatic of a larger disrespect for professionalism and professional competence.” www.liberalcurrents.com/the-war-on-p...

Those claiming Dems should retreat on racial justice aren't hard-headed realists, they're pushing against the electoral tide rather than leaning into it. The story of Gen Z isn't about racist backlash or red-pilled young men. It's the most racially progressive generation in American history. 🧵

Oh wow @reuters.com got the photo here:

uh, holy shit? apnews.com/article/trum...

Busy day today but note the U of Michigan consumer sentiment survey just reported its lowest reading in its 65 year history. Well done Donald!

How ironic would it be if it's emails that sink him in the end?

"The Appeasement Eight gave Republicans bipartisan cover, and established another point of leverage Trump has over Congressional Dems...in a rapidly backsliding democracy, harm is happening no matter what. Therefore, preventing authoritarian consolidation is the most harm-reducing move." Yep:

US supreme court rejects call to overturn decision legalizing same-sex marriage buff.ly/dTF7Btw One less nightmare on the horizon

Eight Senate Democrats saw charts like these and decided "oh yes, now that public opinion is on our side and our opponent is facing electoral consequences for their policy choices, now is a great time to give up all of our leverage in health care negotiations" www.gelliottmorris.com/p/donald-tru...

The fact that many Democratic Senators are profoundly trapped in an unreal matrix of DC-media assumptions is a disaster on an epic scale. But it’s also an opportunity. You have to wait years to primary most Senators, but you can fight to change those assumptions now. Let me explain…

See this @schumer.senate.gov? @duckworth.senate.gov? This is what holding the line gets you.

Find your senators at reps.fyi or call 202-224-3121

I sincerely hope @duckworth.senate.gov is not voting for this. What an absolute disgrace

Dems backed Trump into a corner where he’s advocating for starving Americans and hemorrhaging support. If they vote to let him off the hook in exchange for nothing it’s a cataclysmic failure. I know people are in pain but insulating Republicans from political consequences is not the answer.

Democratic voters are so mad that a supposed nailbiter in New Jersey, was a 13.6% blowout. Trump is losing his tariff fight with the Supreme Court. His poll numbers are worse than Biden ever attained in his whole term. Explain to me how squishes in the Senate can see this data and say, let's cave.

I'm hearing the same thing. Dems are nearing a surrender. I'm shocked. Largest protest in history + best election night in years + polling showing we're kicking their ass in public opinion. And now Dems may cave. It ain't over til it's over, so please do call if you've got a Dem senator.

Any “deal” that ends with Dems just getting a pinky promise in return is a mistake. The American people are suffering because Republicans refuse to stop healthcare costs from skyrocketing. An agreement that doesn’t fix that reality falls massively short.

The real choice, no matter how much Senators wish it weren't: "Unfortunately, making things better for the American people coming out of this shutdown is probably not an option. Either Trump makes things worse with Democratic affirmation, or Trump makes things worse despite Democratic opposition."

BREAKING: Mark Wolf, appointed to the federal bench by Ronald Reagan, writes that he is resigning as a judge to have the freedom to speak out against the president's assault on the rule of law. www.theatlantic.com/ideas/2025/1...

A leading federal judge quits in protest of Trump's corruption-- & to fight it Wow www.theatlantic.com/ideas/2025/1...

Trump's tariffs are hurting us in two ways: First, the obvious: Higher costs → either lower profits or higher prices. Second, more subtle (perhaps bigger): We’ve signaled we’re an unreliable partner, so allies are reorganizing supply chains to avoid us. That's hard to unwind.

This is the food distribution line at Nellis Air Force Base in Las Vegas 11/7/25. This is what Trump doesn't want you to see.

Justice KBJ is a brilliant strategist. She is working the rules to compel timely review of the stay in the SNAP case by both the Circuit Court and by the Supreme Court. This is why knowing which SCOTUS justice has supervision of the Circuit you file in is essential. www.reuters.com/world/us/usd...

"These breaks come in addition to the roughly $4 trillion package of tax cuts that President Trump signed into law in July..." www.nytimes.com/2025/11/08/b...

Did you know gov shutdowns aren’t in the Constitution, any law, or Court ruling? They exist because of a 1980 OLC memo—a lawyer’s opinion that everyone just went along with. Before 1980, funding gaps didn’t cause shutdowns. What one memo created, another can undo. How the next D admin can undo it:

Remember when Donald Trump said there would be people standing in bread lines trying to get food if Kamala Harris won? People are standing in line for food in Cleveland because of Donald Trump.

If you’re trying to catch up on what went down with #SNAP late last night at #SCOTUS, here’s my attempt to read the breadcrumbs on the “administrative stay” issued by Justice Jackson—and why a justice so critical of the Court’s grants of emergency relief to Trump still granted temporary relief here:

No it’s important to listen to this. Because then you understand that many of them will do ANYTHING to keep power. Remember Musk got involved in the 2024 election after saying to Tucker “if she wins” I am definitely going to prison. So we need to move knowing that nothing is off the table for them.

LA: “They took a US citizen father out and left a toddler in the backseat. Two heavily armed border patrol agents got in that car and drove the child and the vehicle away.” What are we doing?