No courses at Texas A & M “will advocate race or gender ideology, or topics related to sexual orientation or gender identity” without a campus president’s approval of the course and related materials. “Topics?” What? www.nytimes.com/2025/11/13/u...

This is insane. Insane.

Tomorrow I tell a room full of judges that originalism in any form should not be used in separation of powers cases and in fact is not being used in separation of powers cases, and judges should be transparent about all that. That’s all. Wish me luck :).

A short🧵: In my new column for @justiaverdict.bsky.social and an accompanying essay on my blog, I juxtapose the acquittal of "sandwich guy" Sean Dunn with the conviction of animal rights activist Zoe Rosenberg. Each defendant was shown on video. Why the different outcomes? Here's the column. 👇

Heading to Minneapolis tomorrow to speak to many judges at one of my favorite conferences (AJEI) and the topic is originalism and separation of powers. The audience is almost all judges. Feelings…will not be spared.

The Supreme Court is a reactionary institution that desperately needs reform. thehill.com/regulation/c...

In his first 100 games, Wemby has more threes than Steph did. Really. I mean the game has changed but….

Still in the “Concepts of a plan” phase

Read this piece by @rickhasen.bsky.social: “it’s no surprise that one of the nation’s Trumpiest federal judges issued an opinion at odds with text, law, and practice to side against voters….” slate.com/news-and-pol...

"In losing, Dems have said: we will relinquish future opportunities to use deadlines to bend Trump to our will. That is a posture of weakness that voters will pick up on." On the pod, @brianbeutler.bsky.social has good ideas for Ds to salvage something from shutdown: newrepublic.com/article/2029...

Schumer, while no fan, I am not in favor of congressional leadership powerful enough to compel mindless lockstep obedience. Leave that Leninist approach to the Republicans.

@espinsegall.bsky.social The New York Times printed this comment! Fighting the Republican obsession, with propelling American healthcare, back to the dark age of preexisting conditions and dollar limitations, for coverage of catastrophic illnesses, is an ethical sword worth falling on. As for

Wembanyama is unbelievable. Just hit two threes in last minute of game.

EXCLUSIVE: Judge Mark Wolf sits down for his first interview w/ independent media He explains his decision to resign to sound the alarm on Trump turning DOJ into a tool for political revenge Watch the full episode👇 youtu.be/KVivTZzPg1Y?...

Breaking: Supreme Court Agrees to Review Bonkers 5th Circuit Opinion Holding that Federal Law Prohibits the Counting of Timely Mailed Ballots That Arrive after Election Day electionlawblog.org?p=152963

New: The Supreme Court DENIES Kim Davis' request to overturn Obergefell, the marriage equality decision. No noted dissents. www.supremecourt.gov/orders/court...

“Characterizing a transgender man as female--which is what will appear on passports under the new Trump administration policy that SCOTUS has just greenlighted--is not a matter of "historical fact." It is a statement of trans erasure by the government.” www.dorfonlaw.org/2025/11/scot...

On the blog: In approving Trump's transphobic policy of listing sex assigned at birth on passports, SCOTUS said govt was "merely attesting to a historical fact," thus echoing the obtuseness of Plessy v Ferguson's statement that Black folks were only choosing to see segregation as white supremacy. 👇

As my colleague Helen Levy says in the piece, “We know health insurance saves lives. Full stop.” wapo.st/3Lt788E

One of the key things the Supreme Court is supposed to do on an emergency motion is to balance the hardships to each sides. Here it is not even close--people starving v. the government not tapping a reserve they are supposed to tap anyway in the event of an emergency

Shocks the conscience is every day. Glad a judge got it.

BREAKING: Judge Immergut issues a permanent injunction against Pete Hegseth and the deployment of the National Guard to Portland. storage.courtlistener.com/recap/gov.us...

Zohran Mamdani’s victory in New York does not answer the question of how Democrats should oppose Donald Trump, nor how they could win back power nationally. Instead, the party should look to Virginia and New Jersey

U.S. District Judge John McConnell in Providence, RI accused the administration of withholding SNAP benefits for "political reasons" as he ordered the USDA to fund the program by Friday so people get 100% of their benefits.

Roberts Court again intervenes prematurely to advance Trump’s and Leonard Leo’s crusade against Trans folks. Just horrible on merits and procedure. www.supremecourt.gov/opinions/25p...

My new one @slate.com: "Gavin Newsom Just Proved It: Voters Want Democrats to Fight Fire With Fire" slate.com/news-and-pol...

I’m bringing back Pete on the street. I’m so tired of the framing of our politics being led by corporate media and social media idiots who constantly misuse and misrepresent terms like “moderate” and “extremist” and “radical” Help me move the Overton window back to “Earth one”

Corruption is hardly a new problem, but the abuses taking place now are unlike anything seen in generations. Here’s what Congress can do about it: bit.ly/43MmpHM

Here's the blog post. 👇

You can listen to the @bloomberglaw.com episode at the link below or wherever you get your podcasts.

🧵 I discussed the tariffs oral argument with June Grasso of @bloomberglaw.com. Today on the blog, I suggest that if the Court is concerned about excessive delegation, it should hold that the emergency declarations are insufficient to support Trump's tariffs even under a deferential standard.

Hey @espinsegall.bsky.social thanks as always for being on the pod w/ @petedominick.bsky.social & bringing the SCOTUS knowledge. We can all be more knowledgeable listening to this enlightening episode! Dig in! standupwithpete.com/1473-prof-er...

Eric Segall is right -- the Supreme Court should be, in the tariff case & in general, reading & following Justice Robert H. Jackson's wisdom, incl'g in Korematsu (dissenting from constitutional blessing for executive/military excess) & in Steel Seizure case (concurring that Pres. power is limited).

“The Constitution in Crisis: The Supreme Need for Justice Robert Jackson's Legal Realism.” www.dorfonlaw.org/2025/11/the-...

At stake in today's tariff cases at SCOTUS is how to parse the International Economic Emergency Powers Act, but more fundamentally and in all cases, questions about "about politics, power, and country, not unhelpful and misleading legal formalisms." @espinsegall.bsky.social has details on the blog 👇

I recapped last night's election results and had a great talk with @espinsegall.bsky.social about today's arguments at the Supreme Court on Tariff powers. standupwithpete.libsyn.com/1473-prof-er... Great bonus talk with @jlcauvin.bsky.social standupwithpete.libsyn.com/1474-jl-cauv...

Sweeney and…fluffernutter.

Chef Segall has arrived!

So student Ioans, environmental regulations, emergency Covid rules are Major Questions, but billions of dollars of Tariffs with world-wide consequences are not? We will see (actually only hear) Wednesday. It has been a very long time since oral arguments fooled us.

Brett Kavanaugh's behavior during today's second oral arguments has been incredibly obnoxious and rude. He is so eager to kill a service member's lawsuit against a negligent government contractor that he keeps interrupting other justices, raising his voice, and getting emotional. Weird and erratic.

My law firm is currently litigating 13 redistricting cases and an additional 50 voting and election cases. 63 lawsuits and those numbers are growing. While this is a lot for a firm with fewer than 60 lawyers, I am proud that we helping to defend free and fair elections and democracy in court.🗳️⚖️💪

Mark Graber has a terrific review of Amy Coney Barrett's memoir in the @washingtonmonthly.com : washingtonmonthly.com/2025/11/02/a...

They said, give us something interesting and newsy. Mission accomplished? 🇺🇸🤝🇵🇱

On the blog, I preview the issues in Wednesday's SCOTUS oral argument in the tariff case. I also discuss the prominent quotations of Trump's idiocy in the SG's lead brief, which cannot be persuasive but are probably included as a warning to the justices not to cross the mad king who loves tariffs.

Who else on the East Coast is awake for this craziness?

Best two words in sports (even baseball).

I’m so old that I remember when the few US folks politically associating with Nazis was a third rail AND when calling people Nazis was way, way overused. Neither is now true.

genuinely crazy-making how much the national press is indifferent to the verifiable fact that jd vance is buddy buddy with internet nazis, and the degree to which this is almost certainly a form of solidarity among people with a similar institution pedigree

Yes, what we, in the here and now, think “rebellion” should mean is what matters the most. The constitution is a living document, not a dictionary.

Quoted in LA Times: “Judges don’t want to take personal responsibility for saying ‘Yes, there’s a rebellion’ or ‘no, there isn’t,’ so they say ‘the dictionary made me do it. No, it didn’t.” www.latimes.com/california/s...