Some news

Some news

“Don’t Know” and “Nobody” doing better than Schumer or Jeffries

“Don’t Know” and “Nobody” doing better than Schumer or Jeffries

Sad to see a mighty cultural institution reduced to this: “Audiences are staying away. Internal sales figures obtained by The New York Times showed ticket sales down by about 50 percent from same period last year…..Dozens of employees, many with decades of experience, have been fired or quit.”

Sad to see a mighty cultural institution reduced to this: “Audiences are staying away. Internal sales figures obtained by The New York Times showed ticket sales down by about 50 percent from same period last year…..Dozens of employees, many with decades of experience, have been fired or quit.”

Hero jury saves democracy gone a-rye

“Do you know that I consider it immoral to teach in the schools that the Constitution of the United states is too sacred to change, almost to touch? Why, what are we, a lot of degenerates?" - Charles Beard, 1915

Catch-all Cat-y’al Catty-all Katyal

Catch-all Cat-y’al Catty-all Katyal

@mgraber1.bsky.social reviews Justice Barrett’s book: “By presenting judging as a realm of pure law, insulated from politics, the justices offer a picture so implausible that it makes the opposite claim—that judging is nothing but politics—more credible.”

This is a great review by @mgraber1.bsky.social. I love the description of Barrett’s book (and others like it) as “campaign biography.”

@mgraber1.bsky.social reviews Justice Barrett’s book: “By presenting judging as a realm of pure law, insulated from politics, the justices offer a picture so implausible that it makes the opposite claim—that judging is nothing but politics—more credible.”

I’m with Kagan if opportunities to narrow a ruling or influence lower court judges and non-judicial actors seems possible

“Justice Kagan’s approach goes like this: Even on a 6-to-3 court, the Democratic appointees can sometimes strategize their way into narrower rulings, smaller losses or even outright victory…. Justice Jackson, on the other hand, is aiming for an audience beyond the court, speaking to the public”

“Justice Kagan’s approach goes like this: Even on a 6-to-3 court, the Democratic appointees can sometimes strategize their way into narrower rulings, smaller losses or even outright victory…. Justice Jackson, on the other hand, is aiming for an audience beyond the court, speaking to the public”

This shouldn’t be a surprise

In a populist age, the willingness to fight is more valuable to voters than other traits

Good to see some colleagues and listen to Justice Sotomayor for a bit.

In a populist age, the willingness to fight is more valuable to voters than other traits

“This revocation is part of Trump and his hogmen’s reworking of America’s immigration and visa system….This move also seems clearly to be part of a wider, authoritarian attack on things the government considers un-American: people of color, literary culture, and those it considers critics.”

Mm hmm. bit.ly/46CzS73

“This revocation is part of Trump and his hogmen’s reworking of America’s immigration and visa system….This move also seems clearly to be part of a wider, authoritarian attack on things the government considers un-American: people of color, literary culture, and those it considers critics.”

When I reminded Fiona Hill about the risk of working for Michael Flynn

BREAKING: In a 51-42 vote, the Virginia House advances a measure proposing a constitutional amendment that would allow the state to redraw its congressional map until 2030 “in response to actions taken by another state.”

Our full conversation @bulaw.bsky.social.

When I reminded Fiona Hill about the risk of working for Michael Flynn

A movie was made about Steve Bright’s efforts to stop the execution of Wallace Fugate. Bright: “If you've been to those courtrooms. If you've seen those trials. If you've been where I've been you would never tell people that the poor quality of representation in capital cases is a myth."

Lots of you have been asking for the syllabus for the lecture course -- "America at 250" -- that I'm teaching with David Blight and Beverly Gage. Here you go: president.yale.edu/sites/defaul...

It’s about time: “In a critical diagnosis, the report also faults the Biden administration for being too naive about the bad-faith hostility of large swaths of the courts—and the true intentions of the conservative judicial revolution that remade them—to progressive governance.”

More of this kind of self-diagnosis

“One of its most compelling conclusions is that the Biden administration seemed reluctant to engage in “picking the fights worth having” and sometimes took refuge in incremental policy gains due to a self-limiting “risk aversion.”

Mm hmm. bit.ly/46CzS73

More of this kind of self-diagnosis

No way this could be true

Good to see some colleagues and listen to Justice Sotomayor for a bit.

No way this could be true

Jack Goldsmith on Trump’s (and subordinates’) reliance on OLC memo as “golden shield” against criminal liability for boat strikes.

Jack Goldsmith on Trump’s (and subordinates’) reliance on OLC memo as “golden shield” against criminal liability for boat strikes.

Students demand immediate halt to strip mining in Kentucky, circa Nov. 1970

Students demand immediate halt to strip mining in Kentucky, circa Nov. 1970

I love such alternative constitutional worlds

Weinrib reviews Witt: “It is tempting … either to romanticize pluralism or to celebrate centralized countervailing power. Witt’s brilliant book resists both poles. It shows that coalitions win when they control who decides; it also shows how victory can narrow the alliance that made it possible.”

Weinrib reviews Witt: “It is tempting … either to romanticize pluralism or to celebrate centralized countervailing power. Witt’s brilliant book resists both poles. It shows that coalitions win when they control who decides; it also shows how victory can narrow the alliance that made it possible.”

I love such alternative constitutional worlds

Charles II, the restored king, retained the power to fund the military on his own, without parliamentary assent. And indeed the suspension of Parliament was one of the main grievances underlying the Glorious Revolution (1688-89) and its ensuing "settlement."

A reliable movement judge on certain issues but not a lockstep partisan judge