It's worth asking how differently things might look on the ground right now if #SCOTUS hadn't eviscerated Bivens—and made it all-but impossible to bring damages suits against federal officers (like ICE agents) who violate our constitutional rights. This is from my rebuttal in Hernández v. Mesa:

it is now praxis to listen to bad bunny

idk how else to make this point stronger. we need a statutory Bivens action. lawyers need to be lobbying for this and demanding this in their local bars and at political candidate meet-and-greets

oh i wonder why this isnt an emergency that irreparably harms the government

this is one of the reasons im a hegelian. freedom exists not in negative conceptions—eg, being free from outside interdiction—but in creating the conditions for freedom, in building those institutions that provide for more human thriving. less taxes and less buses is a less free society

good heavens

If we’re to have equal laws for Republican and Democratic presidents, the next Dem is going to have to seriously consider defying a SCOTUS decision that interprets Article II differently in 2029 than it did in 2025-2028.

if a roman emperor spoke to his praetorian guard this way there would be a new roman emperor next day

personal working theory that law is a postmodern exercise masquerading as a positivist investigation has not been defeated. plain meaning was always plain meaning *from a particular perspective.*

not them quoting de vattel

he desperately desperately wants to be part of the convo

i love how throughout the 2010s we were told that a certain breed of technocratic policy wonks™️ were insulated from the temptations and demagogueries of social politics only to find a decade later that they’re recommending we cede those social issues to claw back a little power

yeah just heard the whole klein-coates conversation and the difference is simple and clear: coates is a *Thinker* where klein is not. klein leaves with a message of capitulation to the right; coates with a call to consider always the downtrodden

love how we got some news over the weekend that the media is truman showing the president and like we have to go on with our 9-5

this website is free

one takeway from my column this week that is useful to recent conversations is that it is a profound political mistake to treat democratic polities as static

beginning to think that “how did we get here?” questions coming from establishment journalists/media is basically concern trolling atp. no one should be better equipped to answer that question

ezra klein, of all ppl, opening his podcast in the two-thousand-and-twenty-fifth year of the common era with “how did we get here” is gonna send me to the hospital

Everyone has the right to love and be loved, regardless of gender. No one can infringe on the ability to express love Something so simple has become complicated in our world Let's all raise our voices to solve this problem and create a world where we can express love freely and openly. we have love♡

my expectation is that theyre gonna slow walk this thing to the speed of a decaying red giant

my september 26 2025 was not ready for this

lmao i mean what are we even doing abcnews.go.com/Politics/jus...

1. Great news for trans students in Chicago. Chicago Public Schools has announced it will defy Trump's demand to ban trans youth from bathrooms. Trump will now pull millions in federal funds. "Our district will not back away from doing what we know is right." Subscribe to support our journalism.

separation of powers taken in a literal sense where it doesnt produce checks and balances

chiitan being real af rn

i love the idea that dems only beat republicans by 2 percentage points on being the “middle-class party,” a term that already sanitized any inclination it may have had with the working class. really terrific job y’all

interesting wonder why he’s stepping down

bsky learning how to cross-examine by chotiner-posting

this is v true in an abstract sense but i wonder how one squares this with j edgar hoover's fbi

astounding, really, despite being all too expected

Hugo Black Sabbath

bro what?

the shadow-docket-cum-cert.-before-judgment combo is an aberration to the notion of ordered legal process. not even an 19th c. monarchist would have agreed that a supreme court could just step in whenever it feels it can do so on an emergency order (what emergency?!) to declare the law

the most cited legal scholar of all time, out here saying this nonsense about the Supreme Court. The line about Alito in particular KILLED me lol

new chotiner interview with sunstein going well

I have no words. I wish he had no words either.

Make them ride circuit. Cancel a Supreme Court term. No more clerks. And strip jurisdiction.

Butlerian Jihad is already right there

This would be an embarrassing essay in 2022 or 2017, but imagine publishing it last week

tik tok comment sections were also as close to the religious profane as we are gonna get in a while

People are in denial about the myriad ways Trump& Co could suppress the vote.

They just tear-gassed us. They tried to run us over in a van holding a peaceful protester. They shot us with pepper balls. They dragged another protester into the facility.

idk if i were kimmel or colbert, an erudite, acerbically funny and political individual, id take a few years to write the novel that makes me the next voltaire

When we get to pleading in my first-year Civil Procedure class, my students often ask me just how over the top a complaint would have to be for a judge to strike it without even being *asked* to do so. Thanks to President Trump, we have an answer: storage.courtlistener.com/recap/gov.us...

on point blogpost from prof howard wasserman prawfsblawg.com/free-speech-...

the beauty of the color here

look yes 1st amendment is under serious threat but we are not all jimmy kimmel my god

ergo the redistricting efforts in red states all over the country