It's not court*, it's a playpen! * h/t @espinsegall.bsky.social

Justice Thomas’ dissent illuminates everything I’ve always said about this MAGA loyalist embarrassment of a judge. Essentially GOP Presidents can do whatever they want and Dem Presidents can’t do very much at all under the Constitution.

If you think Trump is going to let a SCOTUS decision get in the way of his tariffs you obviously don’t know who Roy Cohn is.

Trump will impose tariffs anyway of course and SCOTUS knew this of course.

There's no exception to our made-up doctrine for made-up emergencies.

Gorsuch spends a huge chunk of his concurrence today griping about critics of the made-up Major Questions Doctrine even though they voted the same way he did. Just take the W, bro.

100%this!!!

About the tariffs, good for SCOTUS but it’s not about law. The conservatives want a shield for their imminent destruction of the Voting Rights Act among other unpopular decisions they are heading towards. They also wanted to show the major question doctrine can lead to results the left likes.

So the Court is right that Trump’s tariffs are illegal but as the concurrence suggests we don’t need the major questions doctrine to get there especially as that doctrine has no basis in the Constitution.

“There’s no exception to the major questions doctrine for emergency statutes.” www.supremecourt.gov/opinions/25p...

Trump’s Tariffs are illegal. www.supremecourt.gov/opinions/25p...

You can read a version of my written testimony with footnotes at the Civil Rights Commission website by clicking on "panelist materials." There you will also find the written testimony of the other panelists. Or follow the steps at the link below. 👇

🧵Tomorrow at 10:15 am, I will be one of the panelists testifying for the U.S. Civil Rights Commission's briefing on Antisemitism on America's College and University Campuses: Current Conditions and the Federal Response. Here's an overall description. 👇

ICYMI: Here's a video of all seven hours of today's hearing at the US Civil Rights Comm'n on antisemitism on college and university campuses and the government response. I was there only for the first panel.

Today I'm helping to lead the first convening of the Reconstructing Free Expression project at @knightcolumbia.org. I'm excited to brainstorm with the other participants (including @genevievelakier.bsky.social, @jamalgreene.bsky.social & @ksabeelrahman.bsky.social). Preview here 👇

This is outstanding: apnews.com/article/immi... judge accuses Trump administration of 'terror' against immigrants in scathing ruling

*ahem* Con Law prof here. You cannot use an executive order to pass legislation.

The Right’s judicial icon Justice Scalia who died 10 years ago this week: 1) said voting rights are an entitlement; 2) compared homosexual conduct to murder; 3) Voted VMI could exclude women; 4) Said gender discrimination gets a deferential rational basis test; and 5) often insulted his colleagues

The Overton Window has been lowered to just about the point of no return.

Rumors are swirling that Justice Alito is planning to retire by the end of the current SCOTUS Term. In my latest column for @justiaverdict.bsky.social, I discuss lack of transparency, life tenure, and the Court's role in American life as contributors to the Kremlinology about SCOTUS retirements. 👇

On this week's @strictscrutiny.bsky.social episode, @leahlitman.bsky.social, @kateshaw.bsky.social, and I discussed the new Heritage Foundation plan to return women to home and hearth. Apparently, this guy is all in on it.

“NAACP and voting rights groups fear misuse of seized Fulton voter data” electionlawblog.org?p=154366

American democracy is facing its most serious crisis since the Civil War, but we have no coherent effort to even to try to figure out what's wrong, in order to start fixing things. But Denmark is doing just that with a model it's used before. 1/9 www.liberalcurrents.com/america-if-y...

Sweeney loves his pillows.

Robert Duvall has passed. One of our best actors. RIP

Thanks for the shoutout, @espinsegall.bsky.social! In addition to the amicus brief, I shared my views on Hemani here: bsky.app/profile/joel...

On the blog @espinsegall.bsky.social previews the next SCOTUS 2nd Amendment case, US v Hemani, which, he says, can be resolved by narrowly construing the relevant statute to avoid vagueness rather than applying the ridiculous history-and-tradition test its recent 2d Amendment cases have developed. 👇

agreed #WhatAreYouSmoking #SecondAmendment #SCOTUS #GunRegulation #SecondAmendment (in quotes)

The Supreme Court’s next big 2nd Amendment case should not be a 2nd Amendment case at all. www.dorfonlaw.org?m=1

Maybe we should have skipped President’s day this year.

Watching Nuremberg and feel strongly these Nazis had an ineffective assistance of counsel claim against their lawyers, who never once noted that the Dow Jones Industrial Average was over 50,000 dollars.

This, among many other fine attributes, is what makes Anthony an excellent scholar. He is always willing to ask "why" when considering issues, following the answers wherever they might go.

First draft of my 40th anniversary autopsy of Bowers v Hardwick's tradition arguments, enumeration ploys, & other errors. Also looks at Greek & Hebrew of Court's "firm" "Judaeo-Christian" tradition. Comments welcome! @lpcprof.bsky.social @espinsegall.bsky.social #LGBT papers.ssrn.com/sol3/papers....

Read @rickhasen.bsky.social on President Trump’s election law fantasies and delusions: electionlawblog.org?p=154326

I’m a HUGE NBA fan. Tonight there are the rising star games. Zzzzzzzzzzzz

This is somehow real.

Lawmakers renewed their push to pass the SAVE Act, which would block millions of Americans from voting. It failed before — and it must fail again. Tell Congress to stop this attack on the freedom to vote: bit.ly/4tmVIor

“abolition of gender studies is a way of further guaranteeing impunity to the elite men whose contempt for and exploitation of women and girls apparently knew no bounds, whether they actually slept with the women on offer or simply shared Epstein’s fantasies in order to gain influence or funding”

Oh I LOVE that Georgetown Law just issued a gigantic fuck-you to the forces of fascism by naming Liz Magill as their new dean.

"Everything is run like a reality TV show." Is a perfect summation of this current era in America.

Deputy AG Todd Blanche is wrong that judges lack power to appoint a US Att'y but it doesn't matter because Pres/AG have the power to fire one. On the blog, I explain why the NDNY US Att'y position may now become a revolving door. 👇

Happy Thursday with Legal Eagle @espinsegall.bsky.social & @petedominick.bsky.social LIVE RIGHT NOW www.youtube.com/live/wMwQv8P...

The Trump DOJ's efforts to distinguish rather than seek the overruling of Wong Kim Ark in the birthright citizenship case should fail for many reasons, including that its reading of WKA would implicate all the same concerns as overruling. @ggkrishnamoomoo.bsky.social has details on the blog. 👇

Almost everything terrible happening right now is about white folks trying to make sure that only white folks are allowed to live long and prosper.

Alito for a 5-4 majority in 2028: “Dr. Seyb fails to grasp that during early common law & founding periods women were the property of their husbands or fathers. Thus our history & tradition precedents require a woman to get permission from her father or husband for a medically necessary abortion.”

This is interesting. Federal court finds a woman faced with serious harm from pregnancy but not death has a right to terminate the fetus not b/c abortion is a constitutional right but because of the ancient and well-recognized right to self-defense! Yes! storage.courtlistener.com/recap/gov.us...

Tonight in Fed Courts I teach the ripeness and mootness doctrines which are mostly crazy but the most bizarre part is how the Roberts Courts has created an entire exception to those doctrines if the plaintiff is represented by the Alliance Defending Freedom (religious supremacy). Sigh.

Look at last night’s starting lineup for the Lakers. No James, Luca, Reeves, etc. Bufkin? NBA must do something.

Say what now?

Just amazing that this affidavit got a federal magistrate judge to approve an unprecedented federal seizure of ballots in Fulton County. The time to prep for similar shenanigans from the feds in 2026---before ballots are fully tabulated and any recounts/contests done---is now.