By the logic of the fetal personhood movement, this baby can constitutionally be elected to the United States Senate.

Against the law.

How is deploying the Marines in LA (or, for that matter, nationalizing the California National Guard) not a violation of the Posse Comitatus Act?

More like Tar-what-ifs

I cannot believe that Professor Bray agrees with the way SG Sauer used his article in oral arguments.

I'm pretty sure taking a jet from the sovereign nation of Qatar to then use for personal use is the textbook example of "accept[ing] of any present... from any King, Prince, or foreign State."

Every time Stephen Miller talks it's helpful to remember that he did not go to law school.

Today in New York Times corrections

It is bittersweet to inform #LawSky that Tree Law is back in the news. www.npr.org/2025/04/30/n...

A late entry in the contest for biggest sycophant

How I arrived on Bluesky…

A lighthearted story about the U.S. Constitution, for a recent change; or, the kids are alright. www.nytimes.com/2025/04/16/u...

This is the kind of stately document that should be read by every American. A magisterial reassertion of the values of liberty enshrined in law.

“One of the top MS-13 members”? This woman is an officer of the court and the Attorney General of the United States. She knows that she wields immense power and responsibility. Yet here she is on national TV, making baseless claims about a guy her boss wrongly sent to a gulag in El Salvador.

At the zoo today. Several hundred spectators at the panda enclosure, and when Qing Bao started eating they all burst into cheers. More convinced than ever this would end the trade war within hours.

He is confusing having autism with being RFK, Jr.

Old enough to remember when the GOP thought the biggest scandal in the world was the Obama admin's IRS reviewing the tax exempt status of some right leaning non-profits.

Oh. "This is about whether we have functional constitutional government in this country. If the IRS can go after you because of what you think or what you believe or what you do, we'd no longer live in a free country.“

Grievances 16-19 in Declaration of Independence 16. "For cutting off our Trade with all parts of the world" 17. "For imposing taxes on us without our consent" 18. "For depriving us in many cases, of the benefit of Jury trial" 19. "For transporting us beyond Seas to be tried for pretended offences"

I will not apologize for my buying habits.

Once again, the anti-birthright citizenship article is published on a Jewish holiday and I am deprived the chance to dunk on it with everyone else.

Why hasn’t China just taken their pandas back yet? That would end any remaining support for this trade war tomorrow.

I will never cease to have a sense of pride when I make a point and then learn that a top-regarded law professor has made the same point.

Another way, pace Justice Jackson's dissent, that the Court's emergency order is even more worthy of criticism than Korematsu.

A troubling insinuation in this emergency order is that the President's invocation of the AEA is not subject to judicial review, which means there is no way to prospectively stop these arbitrary detentions (and no way to address them comprehensively, since habeas petitions are filed individually).

Signs are now up in Canadian stores alerting shoppers to American goods.

Putting out an APB: Is there an immigration attorney who is currently awake and can speak for a few minutes? A student of mine has an emergency situation. DMs are open. cc @chrisgeidner.bsky.social @mjsdc.bsky.social @annabower.bsky.social @kevinmkruse.bsky.social @kenwhite.bsky.social

"Because we Jews are uniquely vulnerable, I believe we can win only brief respite from persecution in a society in which encounters are settled by power." - Aryeh Neier, former executive director of the ACLU

Say a federal district court picks up a case and decides that the Trump tariffs are ultra vires; say in addition that SCOTUS before then puts out guidance disfavoring universal injunctions. How could the court structure relief in a case like this to meet such guidance?

This just makes intuitive sense. Investors are always trying to be the first to identify a new high-yield market.

“Kazakhstan has superior potassium, all other countries have inferior potassium”

Is this the most by the chalk March Madness tournament in history?

again and again (1) the order is patently illegal and nobody should do anything that it requires (2) even if it were not, EOs do not require anyone to do anything who is not a member of the executive branch Come the fuck on

I can't get over the fact that Secretary of Defense Pete Hegseth took the time to upload a profile picture of himself for the top secret but completely unauthorized Signal chats.

Inside of you are two wolves (and one of them is simply wrong)

Just downloaded Signal for no reason whatsoever

This could and maybe should be the spark that gets Congress to reassert its power in the constitutional order.

Txt STOP to opt out of updates on war plans

The existence of due process is not subject to a means-end balancing test.

Furious at Kurt Lash for posting his updated paper on a Saturday morning and letting everyone else dunk on it before the Shabbat-observing Jew got a chance to even see it.

The DOJ should investigate this destruction of Tesla property

Paul, Weiss was the first major New York firm with a female partner, and the first to hire a black associate. It was founded in part because its Jewish attorneys couldn't get jobs at the established firms of the day. And it represented people targeted by McCarthy during the 1950s.

I’m a bit surprised that the MAGA legal elite have not tried to go after Ex parte Young. It seems a natural extension of presidential immunity for official acts and an irreducible unitary executive, and it would consolidate their ability to freely engage in unlawful acts.

Well that’s a headline I did not except to see. Ever.

I am absolutely begging reporters who obtain internal letters, emails, memos, or recordings to PUBLISH THE PRIMARY SOURCE IN FULL

Speaking of the Auto-da-fé...

When you forget to have OLC withdraw this opinion before posting on social media about the inability to sign Presidential documents by autopen.

Biden signed his executive orders with autopen, but Trump prefers the autodafé

If the admin is deporting people to El Salvador, where bukele is imprisoning them *on behalf* of the us government, wouldn’t they still be able to file for habeas? It reminds me of the Doe v Mattis case

Rough day for the it’s-not-a-constitutional-crisis-until-he-defies-a-court-order crowd.