Never mind that I died inside when I heard Gorsuch say in Trump v Barbara arguments that there weren't any immigration laws in the 1860s. Taps new book 👇 in which I document the over a century of first colonial then state-level international and domestic migration laws before federalization.

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A pt. I found interesting in some of amici & gov’t brief was reliance on Chancellor Kent: Do they miss that Kent’s Commentaries operate like a casebook? My understanding, & maybe I’m wrong, is that you can’t just cite to one ed. & be done;

Torturing myself skimming some amici for Trump v. Barbara, & one I couldn’t help review was from Claremont Inst. (I know...). This quote & ref. to James Madison’s 1835 Essay on Sovereignty, under a section titled “The American Revolution Rejected the Feudal Doctrine of Birthright Subjectship... 1/

American Pope needs to publish a review of this book in L'Osservatore titled "Confirmation Bias"

Whenever we have a No Kings Day, small pt. of me kinda wonders what the takes are in the sitting room at Buckingham Palace watching it on BBC, like what are the feels from that tiny island on the other side of the Atlantic?—

"I'm a cop, I don't understand the law" is literally one of the most on-brand things I have ever heard in my life

admittedly the minorest of points in all this, but Trump v. United States will be a remarkably humiliating chapter in the history books on SCOTUS & the Trump era—the tub scum high watermark indicating where generations of constitutional norms & federal jurisprudence were drowned to death

how has law review been going you ask?

if conservative's vacant rule of law posturing could be perfectly distilled into a thirty-second video:

If only some de facto legislative body existed to deliberate & give de jure enactment of the country's general will towards nat'l conduct like wars & such

"Aye, the Ides have come, but they are not gone."

what was all the hullabaloo with the Hunter Biden laptop I was allegedly supposed to care about & couldn't avoid hearing needed to be investigated?

In 1996 Clinton won 48% of rural counties. In 2024 Trump won 93%. "Rural Versus Urban: The Growing Divide That Threatens Democracy" explains why & what's to be done to heal the divide. I interviewed lead author @smettler.bsky.social for @barnraiser.bsky.social 1/ barnraisingmedia.com/a-strategy-t...

remember when it was the covid-19 pandemic & the sacrifice was every person's life because the US economy during his presidential election year?

How conservatives will outspokenly go & just conform to the sweeping political-economic generalities of my former marxist undergrad professors...

This isn't a real person this is an Isaac Brock character in a Modest Mouse music video

they're gonna try to put AI into the electoral process to "cure" ballots aren't they?

'pervert glasses' hits clear but doesn't roll easily—could we try something like perv shades or perv rays? (personally been thinking of these as peeping 'tom shades', but I'm an old)

how maga toadies move first under the presumption that Dear Leader will be watching their performance on the television presented to him by Fox...

Me (for some reason, I'm sorry): Alysa Liu is the Nietzschean hero of the moment that fascist edge-lords don't want us valorizing. A love of being & self-actualizing palpably, joyfully overflowing. Not the male-coded uberstoic battlemonger fascists politicize. Rather, a yes-saying to self & life.

Noting well enough how equity doesn't always apply to fed. gov't, isn't this an easy case of the breaching party carrying the burden of the breach? If your breaching conduct causes the administrative "mess," you don't get to wield that "mess" as a legal shield?

read Chevron & Loper Bright today for Admin. Law wondering whether they gave me a different copy of Chevron than the one the GOP Justices got

I have been waiting to post about this new essay until the symposium on my book of which it is a part is published (should be very soon!), but until then, you can check out what I have to say in response to some thoughtful esays. Deep thanks to @evanbernick.bsky.social for this generous promotion.

"The landlords concede that the value of their properties has grown, in some cases substantially, since they or their parents bought the buildings decades ago. That doesn’t mean it will be easy to recoup their investments at sale." This is an odd paragraph to drop near the end & leave unexplained.

the vindictive villainy here is as contemptible as it is pathetic

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NEW: @joaquincastrotx.bsky.social is calling for Dilley Immigration Center to be “shut down immediately.” Dilley released Liam Ramos. But hundreds of children who remain in the facility are facing a measles outbreak. The highly contagious disease can be deadly. thebarbedwire.com/2026/02/02/h...

the painfully hilarious exasperation here from the Speaker in pleading to the public how a constitutionally limited gov't takes too much time while retreating to the self-assuring canard that they're the real rule of law party

Putting on my suit and tie and going on America Erwache to describe a 234 year old basic requirement of the constitution for lawful searches and seizures as a “nonstarter.”

quite happy to mention I will be on the Exec. Articles Editors team for Vol. 92 & frankly thrilled to work with this whole group

Week 1 - Black History Month 2026 1. You may have seen this image of Black men voting during Reconstruction, and assumed it is a depiction of voting after the passage of the 15th Amendment (which outlaws denying the right to vote based on race).

Everyone eats no strings attached actually sounds like the most ethical & ambitious promotion of the general welfare so maybe go fuck yourself

ffs

In actively pursuing litigation in his personal capacity while holding office of Pres., does the man thereby waive any presidential immunity privilege in being sued while in office? I get the whole pres. immunity is just a judicial fabrication, I just want to test some of these edge cases.

🤯 massive "this u?" for the alleged rule of law party

this post keeps coming back for me— "lots of people decided yeah"

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someone else has already pointed out how this guy is basically a Tim Robinson character with too much influence, right? just to be clear

Worth repeating that Exec. has a constitutional duty to "take Care that the Laws be faithfully executed"—as UET weirdos like to remind us—and here an executive agency is obstructing the bare min. of even an investigation into a fed. officer bound by *our* fucking laws

Picking over Cogan’s Bill of Rights doc. sources this morning, one thing I notice in the hist. of 4A warrant debate maybe worth noting is how founding era dialogue spoke on need for 4A protections because of concerns for abuse in search & seizure under fed. gov’ts excise tax authority. 🧵 1/

Still looking. Anyone where where it is/who compiled?

This is 100% FALSE. Immigration judges do NOT play any role in issuing administrative warrants. They are generated and signed by ICE officers themselves. ICE’s own training materials say they can’t be used for a search of a home! Here’s a blank warrant form. Note who signs it.

For my Texas law tweeps

The tension, mentioned here, b/t an admin. warrant under unitary exec. theory & SCOTUS precedent requiring "neutral magistrate" of judicial branch for warrant permitting house entry is an interesting point.

For years, @ksabeelrahman.bsky.social & I have been frustrated with what we call the Part IV Problem in legal scholarship, the expectation of neat & feasible prescriptions to end pieces. Our frustrations are heightened in this moment of authoritarianism, as we wrote today at @lpeblog.bsky.social:

people labeling it a rapist foreign policy and—