Here is a more serious take: confidentiality is one of those norms that is respected within systems in which everyone agrees on the rules of the game and trusts that others are following the rules in good faith.

A little explainer to go with the most recent piece from Arkadi and Gerney and me on the power of states in the time of Trump.

But the takeaway is that, despite many academic commentators saying that mask bans are destined to lose, the federal district court found that they are actually constitutional so long as they apply to all levels of government and do not discriminate against the federal government. 3/

We need this in Maryland. nj1015.com/nj-ice-porta...

Reupping this here: www.washingtonpost.com/opinions/202...

Great, clear piece by @stevevladeck.bsky.social and @barryfriedman1.bsky.social about the critical role of state/local prosecution when the feds go rogue

It seems timely to re-re-up this crystal clear Nov. 2025 @lawfaremedia.org article explaining precisely when federal officers can and cannot be criminally prosecuted by state authorities. It's by @bgodar.bsky.social of Univ of Wisconsin www.lawfaremedia.org/article/are-...

"I insisted that the agents let me assess him. Normally, I would not have been so persistent, but as a physician, I felt a professional and moral obligation to help this man, especially since none of the agents were helping him."

Honestly this is one of the most profoundly *original* American sentiments, echoing everything that occupied Bostonians expressed in the pivotal mid-1770s.

Heartbreaking

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great piece 👇

Over at @status.news they're putting into the same frame the weakness of Tony Dokoupil, the new anchor at CBS, and the politics of Larry Ellison, "the billionaire Oracle co-founder who bankrolled his son’s takeover of CBS News’ parent company, Paramount."

Thread of Montana vigils taking place this weekend for Renee Good and the victims of ICE's reign of terror 👇

You cannot tell voters that this regime is an existential threat one day and aid and abet it every other day. Either you're lying or you are complicit, neither of which makes you fit for office.

Truly brilliant way to ring in the new year

This is very good news. Also, apparently Kavanaugh wants to clarify (or retract?) his opinion in Noem v. Perdomo. See footnote 4 of his concurrence.

Now seems like a swell time to point out that Frontline just released this excellent 11-minute mini-documentary about what happened inside CECOT.

Said it before and will say it again: support Chris' indispensible journalism with your good money!

NEW: The two shot National Guard troops never should have been in DC. More troops is no answer. The violence is horrible and unacceptable. Trump, Pete Hegseth, and West Virginia Gov. Patrick Morrisey never should have put the troops in this position. Tonight, at Law Dork:

Chaser: Washington DC

Shot: Chicago

the one part of this awful video I found inspiring is the moment when the cam pans back and you see an array of upstanding Americans with their smartphones out filming these gutter thugs. that's really the symbol of the opposition. the smartphone and its embedded video cam.

More of this 👇

"It's disheartening to be forced to go against your community members and your neighbors." "It feels illegal. This is not what we signed up to do." - Staff Sgt. Demi Palecek 2 Illinois National Guard members speak out: "I won't turn against my neighbors"

This is nothing more than a continuation of the president’s desperate weaponization of our justice system. I am not fearful — I am fearless. We will fight these baseless charges aggressively, and my office will continue to fiercely protect New Yorkers and their rights..

This kind of repudiation of the Supreme Court by a state Supreme Court justice is very rare. But — speaking as a former Alaska Supreme Court clerk — this is also part of their structural purpose. There’s a reason our rights can be, and often are, given *better* protection under state constitutions.

It absolutely matters here that Pritzker was effective at sounding the alarm and plainly stating this would be unconstitutional in a profoundly radical and fundamental way, and showing he could rally practical popular opposition, which then gets spun as backing out over "legal headaches."

omg it's finally happening occasionally former judges speak out about the Supreme Court but I have long wished current judges would do so a sitting judge saying it is "inexcusable" that "sweeping rulings arrive with breathtaking speed but minimal explanation" feels like an important door opening

The full 12 minutes of @govpritzker.illinois.gov speech today, which was superb. (Via Nicole Wallace / @msnbc.com segment.) www.msnbc.com/deadline-whi...

it will take years to undo the damage from this lawless, criminal conduct. business as usual once Democrats reclaim executive power will unacceptable. no turning the page without repairing the damage

Right on.

Great piece on the power and importance of rhetoric and the poverty of popularism. www.unpopularfront.news/p/against-vu...

Democrats writing letters

"Free D.C.! Free D.C." Chants of protest against Trump break out in the 51st minute of tonight's Washington Spirit game at Audi Field.

If you live in/represent a Blue State, want to gerrymander the FUCK out of your state, support and are willing to fight for a national anti-gerrymandering law you are principled, consistent and doing exactly the right thing.

Arkadi Gerney and I argue for maximum deterrence as our best path forward in @washingtonpost.com

“Impeach Judge Bove and then prosecute him for his crimes” should be table stakes for Democratic candidates in 2026, he has broken the law more egregiously than like 90 percent of the people who will come before him in his courtroom

I *am* a constitutional scholar and you are correct.

If a Democrat wins the presidency in 2028, investigating Bove for criminal obstruction of justice as relates to the court orders in the J.G.G. case should be a priority. Statute of limitations is five years.

I have no words. Everyone prepared for the constitutional crisis of the President defying the SCOTUS. The crisis is the SCOTUS being fully aligned with Trump’s vision of presidential power. So here we are.

I'm not convinced this is quite right--my read is that they think it's popular in red states to 'own the libs' So part of the appeal of visibly cruel ICE raids is inflicting harm on their perceived enemies in blue states

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whole thread is good, but this point is especially important to take in:

Remarkably strong correlation between pundits who told me the Supreme Court upholding Texas’s abortion bounty hunter law was technical and not a sign it would overturn Roe, and pundits assuring me birthright citizenship is fine because people can “just file a class action” or whatever