The conservatives on the Court would *never* base a decision on an “imagined future policy.” Apropos of nothing, here’s a snippet from Trump v. United States.

The more I stew on this movie, I don’t know if believing that mega corporations would absolutely hire hitmen to take out those who threaten their interests would make me a conspiracy nut job, or if refusing to believe that would make me naive.

under Alito’s jurisprudence, the “equal protection of the laws” means that racial subordination is constitutionally protected and ending racial subordination is constitutionally suspect

The new racist double standard set up by Alito in the TPS ruling: if there’s any other motive in addition to the racism, the racism doesn’t count, but if the state wants to *prevent* discrimination against black people, that is racist and unconstitutional www.theatlantic.com/ideas/2026/0...

Finally repented and watched Michael Clayton. So good! Top notch legal thriller. Highly recommended.

I went from “Oh please Lord let Alito retire” to “Wait what if he’s replaced by someone worse” to “I doubt it makes a material difference if you replace Alito with Richard Spencer.”

I’m no immigration expert, but you don’t have to appear at a port of entry in order to claim asylum, right? If not, it seems like the Court’s decision will just incentivize asylum seekers to avoid ports of entry and try whatever it takes to get a foot across the border through other means.

John Roberts will want you to forget everything that happened this week at SCOTUS after he confirms that the first sentence of the 14th Amendment means what it says, please do not fall for it

Incredible that this somehow seems to understate the problem.

Richie is a great baller and a better guy. Super pumped for him!

It’s been a hot minute since I had something good to feel about Utah politics, but I’m starting today with a smile. www.sltrib.com/news/politic...

The problem I have with this is that we aren’t just talking about moderation on traditional political talking points (e.g., universal healthcare, more regulation). It’s that moderate Democrats have universally failed to recognize and respond to the extinction-level threat Trump poses to democracy.

Too late now, but Salt Lake County Dems need to wake up and get rid of Sim Gill. He speaks at Young Americans for Liberty conferences. He enhanced charges against a BLM protestor accused of vandalism so that they carried a possible life sentence. He is a *terrible* excuse for a Democrat.

But for, AHEM, Chadha, we would now have a legally binding requirement that the US end hostilities in Iran. papers.ssrn.com/sol3/papers....

I prefer my rights and remedies like Chief Justice Marshall in Marbury (quoting Blackstone): "where there is a legal right, there is also a legal remedy."

Justice Thomas is a bad person, and a worse judge. Which is frustrating for a lot of reasons, one of which is that he occasionally reminds us that he can write a decent opinion recognizing real concerns about equity and justice, as shown by his concurrence in Pung v. Isabella County.

KBJ's dissent: "The court reduces some of Congress’s greatest legislative achievements—federal laws that secure civil rights, environmental stability, healthcare, and more—to nothing more than the wheelings-and-dealings of an especially wealthy private party." www.supremecourt.gov/opinions/25p...

I hadn’t seen Tulsa Swinton in much of anything outside of relatively minor supporting roles. Well, I just watched “We Need to Talk About Kevin.” Ms. Swinton, I was unfamiliar with your game.

The Prime Video app for IOS removed the basic search feature and replaced it with an AI chatbot search. It freaking sucks. Like, so bad. I can’t imagine they consulted any user experience experts before making the switch.

I was recently appointed as pro bono counsel for a woman appealing from entry of a domestic abuse protective order. The issue: Whether my client committed domestic abuse by texting her sister, “I pray to God that you swing first so that I can beat the shit out of you.”

*John Cafaro logs into Bluesky* “I’m funny how? I mean, funny like I’m a clown, I amuse you? I make you laugh? I’m here to fuckin’ amuse you? What do you mean funny, funny how? How am I funny?”

My new theory paper (early draft) A new reason why concentrated wealth destroys democracy: common ownership A standalone media owner maximizes profit. A common owner like Musk (who owns X + SpaceX) will run the media firm at a loss to increase the $ of his total portfolio tinyurl.com/mcekr7cd

Yet interesting that this logic applies to appeal waivers but not, say, finding private rights of action. It’s not “We find a private right of action in this statute when the absence of one would permit the sort of injustice that would call the judicial system into disrepute.”

You can use race as a proxy for partisanship for gerrymandering. But it’s illegal to help poor people because that is just a proxy for helping racial minorities. Just incredible.

Good filmmaker. Bad political scientist.

What does it say about me that after watching The Furious (which I loved), I was lowkey surprised at how tame the first 3/4 was? Starting to think my wife might be right that the things I watch are a little too violent.

While his mountain of horrible personal conduct could fill multiple books, one fact in particular stands out: A year ago, Musk’s actions directly led to the deaths of hundreds of thousands of people. He did it knowingly. And, worse — gleefully. Read more: www.theverge.com/tech/949259/...

Hap and Leonard is my real answer for my “fave” show that was cancelled too soon. But I feel like Terriers could have been an all-timer.

My latest newsletter is about Thomas Chatterton Williams, who can't stop blaming racism on the left.

A new SCOTUS decision raises new doubts about whether a decision against a major abortion provider had any basis in law. www.vox.com/politics/491...

I used to believe this. But democracy can’t function if only one side is constrained by laws and norms. Also, although I admire @ilyasomin.bsky.social and his work a great deal, I very much disagree with his analysis of Callais and how big of a problem it represents.

I’m rewatching some old crime films that I haven’t seen in a minute, and I’d forgotten just how good the opening scene in “A History of Violence” is. Really an excellent, underrated film.

A great book that I highly recommend! I’m not as well-read as the academics on here, but I’m not a total ignoramus, and I learned a lot from “Lawless.” Also, unlike most legal literature, it’s very accessible even to laypeople.

With its recent rulings, the Roberts Court has now entirely perverted the purpose of the 15th Amendment, turning an outright ban on racial discrimination in voting into a right to discriminate against black voters. www.theatlantic.com/ideas/2026/0...

WOW - Trump crashes out & cuts his interview w/ Welker short as she presses him on his lack of evidence for claiming elections are rigged "You're either crooked or you're stupid. I've had enough. Thank you darling," he tells her" "I traveled all the way to Wisconsin for this interview," she pleads

I don’t talk publicly talk about my religion very often, but I’ve got some things I’d like to say about this. At the outset, it’s admittedly always funny to see leopards eating faces. I don’t know why Mormons are always surprised to learn what the rest of the religious right thinks of them.

Reading this, I can’t help but wonder how much of our problems would be solved if we just treated the executive branch less like a branch at all. Instead, should we embrace greater democracy and just vote for department heads, which would make the departments independent?

I’ve got way too many things bookmarked to read when I have time, but this instantly jumps to the top of the queue.

Pleased to post my draft article, “Discovering the Historical Anglo-American Constitution.” I study the history of birthright citizenship from the 1100s to the 1700s. The English common-law rule of natural-born subjects was always tied to territory and jurisdiction. papers.ssrn.com/sol3/papers....

Just got back from seeing Obsession and…I’m obsessed. 10/10. No notes. Inde Navarrette gives an all-time performance that should win all the awards but won’t because it’s a low budget weird horror movie. But seriously, go see it.

Letter: If we do not stop the ICE facility in Utah, we will be complicit in Geo Group’s immoral activities

You have the right to call President Donald Trump a fascist. (new @msnbc.com column)

I represent a lot of municipal entities, and my research several years ago exposed real 1A problems with NDAs and non-disparagement clauses in settlement agreements with government. So I won’t put them in. It’s been awhile since I looked at the issue, but wondering if these could hold up.

what I'm girding myself for is the Supreme Court to now say 'ooh it's awfully close to an election to switch things up so we're gonna have to block that ruling!' under the "Purcell Principle," it's always too late to block racism, but never too late to be racist ballsandstrikes.org/law-politics...

In which Professor Wurman candidly admits why he sees the history of the common law differently than anyone who has honestly studied it, and why rather than doing scholarship he just wrote and op-ed and a (terrible, demonstrably wrong) article about the common law that should have been rejected.

Utah doesn’t know what it’s lost. I’ll always be proud to have been one of Justice Hagen’s clerks. www.sltrib.com/opinion/lett...

Get excited, Utah!