Mike Stern
@mls1776.bsky.social
š¤ 5598
š„ 60
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Former congressional lawyer
www.pointoforder.com/2025/11/10/l...
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Lindsey Halligan and the Unitary Executive - Point of Order
As you may have heard, James Comey, the former FBI director, deputy attorney general, and 1985 graduate of the University of Chicago Law School, has been indicted for lying to Congress. This is a rare...
https://www.pointoforder.com/2025/11/10/lindsey-halligan-and-the-unitary-executive/#more-6661
23 days ago
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www.pointoforder.com/2025/10/28/a...
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An Outline of Congressās Interest in the Slaughter Case - Point of Order
Following up on my last post, I think an institutional position for Congress in the Slaughter case would look something like this. First, the Court can avoid addressing the precedential status of Hump...
https://www.pointoforder.com/2025/10/28/an-outline-of-congresss-interest-in-the-slaughter-case/
about 1 month ago
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Mike Stern
Joni Askola
about 2 months ago
This story should be getting much more attention. Homan took a bribe, the Trump administration doesnāt even properly deny it, and people donāt seem to care
add a skeleton here at some point
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www.pointoforder.com/2025/10/02/w...
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Who Will Represent Congress in Trump v. Slaughter? - Point of Order
As you may have heard, the Supreme Court has granted certiorari in Trump v. Slaughter, a case in which a Federal Trade Commissioner whom President Trump purported to fire has sought reinstatement to h...
https://www.pointoforder.com/2025/10/02/who-will-represent-congress-in-trump-v-slaughter/
2 months ago
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www.pointoforder.com/2025/09/16/a...
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A little help from Congress is better than nothing - Point of Order
Tomorrow the Senate Health, Education, Labor & Pensions Committee, affectionately known as HELP, will hold a hearing entitled "Restoring Trust Through Radical Transparency: Reviewing Recent Events at ...
https://www.pointoforder.com/2025/09/16/a-little-help-from-congress-is-better-than-nothing/
3 months ago
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www.pointoforder.com/2025/08/16/a...
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A Government of Men - Point of Order
āIt is the proud boast of our democracy that we have a āgovernment of laws and not of men,āā So opens Justice Scaliaās famous dissent in Morrison v. Olson, 487 U.S. 654, 697 (1987), which I happened t...
https://www.pointoforder.com/2025/08/16/a-government-of-men/
4 months ago
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www.pointoforder.com/2025/08/05/t...
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The Justice Departmentās Problem in Responding to the House Oversight Subpoena for the Epstein Files - Point of Order
Today the House Oversight Committee issued this subpoena to Attorney General Pam Bondi seeking all documents in the possession of the Justice Department relating to Jeffrey Epstein, including document...
https://www.pointoforder.com/2025/08/05/the-justice-departments-problem-in-responding-to-the-house-oversight-subpoena-for-the-epstein-files/
4 months ago
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4 months ago
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reposted by
Mike Stern
Elizabeth Jacobs, PhD
5 months ago
Someone I love just had a big polyp found on a colonoscopy. In addition, my college roommate died in 2023 of colorectal cancer at the age of 52. If you are average risk, please start getting screened at 45. If you have a family history, you need to start younger than that.
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Holy crap
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5 months ago
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Heās not wrong
add a skeleton here at some point
6 months ago
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www.pointoforder.com/2025/05/15/i...
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Impeachment, Immunity and Juristocracy (Part VII: What Should Be Done) - Point of Order
Note: since my last post the world has lost another lion of congressional oversight, Mort Rosenberg, who for 35 years was every House and Senate committeeās āgo toā expert at the Congressional Researc...
https://www.pointoforder.com/2025/05/15/impeachment-immunity-and-juristocracy-part-vii-what-should-be-done/#more-6641
7 months ago
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reposted by
Mike Stern
Eric Columbus
7 months ago
Weāve reached the point where career government employees are forced to determine the scope of the Federal Vacancies Reform Act. (Arguments can be made both ways.)
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From
@kevinrkosar.bsky.social
comes the sad news that Mort Rosenberg, the legendary CRS expert on congressional oversight, has passed away.
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Kevin R. Kosar (@kevinrkosar.bsky.social)
Senior Fellow, AEI. Host of the Understanding Congress podcast. Editor of UnderstandingCongress.org.
https://kevinrkosar.bsky.social
7 months ago
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www.pointoforder.com/2025/04/30/i...
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Immunity, Impeachment and Juristocracy (Part VI: Chilling Doom) - Point of Order
Although Trump is more circumspect than Fitzgerald in acknowledging the policymaking nature of its decision, it is nonetheless based on a series of policy intuitions or judgments, some of which are bo...
https://www.pointoforder.com/2025/04/30/immunity-impeachment-and-juristocracy-part-vi-chilling-doom/#more-6639
7 months ago
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www.pointoforder.com/2025/04/27/i...
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Immunity, Impeachment and Juristocracy (Part V: Above the Law) - Point of Order
Today we will consider the implications of Trump v. United States for the overall legal accountability of the executive. At the outset we should acknowledge that the future effect of this decision, as...
https://www.pointoforder.com/2025/04/27/immunity-impeachment-and-juristocracy-part-v-above-the-law/#more-6638
7 months ago
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reposted by
Mike Stern
Kevin M. Kruse
7 months ago
Oh my God, this really is Hegseth.
add a skeleton here at some point
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reposted by
Mike Stern
George Conway āļøšŗšø
7 months ago
add a skeleton here at some point
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reposted by
Mike Stern
Gregg Nunziata
8 months ago
If you are a political conservative, but think the rule of law and the Constitution come first, we agree. Please consider joining us at the Society for the Rule of Law.
societyfortheruleoflaw.org/membership/
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Membership - Society for the Rule of Law
We are building a community of traditionally conservative and center-right lawyers, judges, scholars, and law students dedicated to defending truth, the Constitution, and the rule of law. And we want ...
https://societyfortheruleoflaw.org/membership/
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www.pointoforder.com/2025/04/09/i...
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Immunity, Impeachment and the Juristocracy (Part II: Nixon v. Fitzgerald) - Point of Order
If Trump v. United States has no foundation in the original meaning of the Constitution (as discussed in my last post), what is the rationale of the decision? Delahunty and Yoo make three main points ...
https://www.pointoforder.com/2025/04/09/immunity-impeachment-and-the-juristocracy-part-ii-nixon-v-fitzgerald/
8 months ago
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www.pointoforder.com/2025/04/08/i...
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Immunity, Impeachment and Juristocracy (Part I: Unoriginalist Sin) - Point of Order
Today I will start a series of posts on the Supreme Courtās decision on presidential criminal immunity, Trump v. United States, 603 U.S. __, 144 S.Ct. 2312 (2024), and its implications for the legal a...
https://www.pointoforder.com/2025/04/08/immunity-impeachment-and-juristocracy-part-i-unoriginalist-sin/
8 months ago
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Trump promised to lower prices and my brokerage statement shows he has kept his promise.
8 months ago
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Multi-million dollar business idea: putting an N before the t on your Tesla.
8 months ago
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āWe welcome the discussion of the blatant unconstitutionality of so many of the actions and orders of the new administration,ā Raskin said.
s2.washingtonpost.com/camp-rw/?tra...
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Congressional Republicans vs. the courts
In todayās edition ⦠Potential IRS tax revenue shortfall could move budget deadline up ⦠Former Arizona state representative enters competitive Democratic primary to succeed Rep. Grijalva.
https://s2.washingtonpost.com/camp-rw/?trackId=596c6b69ade4e24119ce26ef&s=67e12f188492b94b923ce5c0&utm_campaign=wp_power_up&utm_medium=email&utm_source=newsletter&linknum=5&linktot=57
8 months ago
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@joshchafetz.bsky.social
I donāt know if you are still on twitter, but I thought you might appreciate this
x.com/mls1776/stat...
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https://x.com/mls1776/status/1903873798849388606?s=46&t=UiP1nS4lTXPWYXJLGCgNng
9 months ago
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www.pointoforder.com/2025/03/18/g...
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God Save the United States and this Honorable Court - Point of Order
As reported by SCOTUSblog (among many others), Chief Justice Roberts today issued the statement that ā[f]or more than two centuries, it has been established that impeachment is not an appropriate resp...
https://www.pointoforder.com/2025/03/18/god-save-the-united-states-and-this-honorable-court/
9 months ago
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Although a congressional suit over appropriations issues seems unlikely given Republican control of both houses, one wonders whether there might at some point be enough Rs who would be interested in a "test case" over some of the administration's theories
www.pointoforder.com/2015/09/16/c...
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Congressional Standing to Protect the Power of the Purse - Point of Order
Do you remember how last summer I suggested the Houseās odds of prevailing (in particular, with respect to standing) in a potential Obamacare lawsuit were in the vicinity of the proverbial snowballās ...
https://www.pointoforder.com/2015/09/16/congressional-standing-to-protect-the-power-of-the-purse/
9 months ago
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balkin.blogspot.com/2025/02/how-...
There is some merit to this but I think it skips over two issues: (1) creating a culture that the presidentās obligation to follow the law is mostly theoretical (like limited federal powers) and (2) that the presidentās immunity will carry over to subordinates.
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How Important Is Presidential Immunity?
When the Supreme Court decided Trump v. United States Ā last July, critics warned of dire consequences for the U.S. constitutional order. Are...
https://balkin.blogspot.com/2025/02/how-important-is-presidential-immunity.html?m=1
9 months ago
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reposted by
Mike Stern
Patrick Chovanec
9 months ago
I am so sick of this narrative that Zelensky goofed up by not being more deferential to Trump. Trump's narrative - that Ukraine is at least as much to blame for the war as Putin - is poison for Ukraine, and is intended to be poison.
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www.pointoforder.com/2025/02/27/i...
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In Memoriam: Elise Bean, Public Servant - Point of Order
Elise Bean was a singular figure in the world of congressional oversight. She spent her career on the Hill working for Senator Carl Levin (D-Mich), most notably as his chief counsel and staff director...
https://www.pointoforder.com/2025/02/27/in-memoriam-elise-bean-public-servant/
9 months ago
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www.pointoforder.com/2025/02/23/t...
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The Exciting (Well, To Me) Conclusion of the JOR Memo - Point of Order
When we last left the saga of the JOR memo, Roberts had reached the (imho erroneous) conclusion that while executive officers āare subject to subpoena to testify before the United States House of Repr...
https://www.pointoforder.com/2025/02/23/the-exciting-well-to-me-conclusion-of-the-jor-memo/
9 months ago
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www.pointoforder.com/2025/02/13/g...
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Getting Some Answers About DOGE - Point of Order
So I have been planning to write posts on so many topics that I have gotten around to none of them. But a social media discussion today impels me to mention a House procedure which seems well suited, ...
https://www.pointoforder.com/2025/02/13/getting-some-answers-about-doge/
10 months ago
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What are the best resources for federal government employees who receive a deferred resignation letter?
10 months ago
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reposted by
Mike Stern
Divided Argument
11 months ago
NEW EPISODE: "Reference Check" We provide unpredictably hot takes on the TikTok case, break down Royal Canin, and discover an opinion revision in real time. Most importantly, the listeners help Dan collect on an unwise bet by Will.
dividedargument.simplecast.com/episodes/ref...
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Reference Check | Divided Argument
In unpredictable fashion, we record a shockingly timely episode to reflect the Court's hasty per curiam in the TikTok case. Along the way, we catch up on the shadow docket happenings, manage not to ge...
https://dividedargument.simplecast.com/episodes/reference-check
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www.pointoforder.com/2025/01/15/t...
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The JOR Memo, the Myers Case, and the Theory of Executive Privilege - Point of Order
To assess the executive privilege argument of the JOR memo, we should begin by drawing three distinctions which are either blurred or ignored in that memo (and the subsequent Wolkinson memo). These ar...
https://www.pointoforder.com/2025/01/15/the-jor-memo-the-myers-case-and-the-theory-of-executive-privilege/
11 months ago
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www.pointoforder.com/2025/01/06/t...
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The JOR Memo and William Howard Taft - Point of Order
Having claimed that the power of Congress to compel the production of information has been established by Supreme Court precedent only as to private persons, Roberts turns to āthe right of the United ...
https://www.pointoforder.com/2025/01/06/the-jor-memo-and-william-howard-taft/
11 months ago
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www.pointoforder.com/2025/01/03/t...
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The JOR Memoās Analysis of the Congressional Investigatory Power - Point of Order
Continuing where I left off, the JOR memo (as I will call it) begins by framing the question of the congressional right to obtain information from the executive as follows: In considering this matter ...
https://www.pointoforder.com/2025/01/03/the-jor-memos-analysis-of-the-congressional-investigatory-power/
11 months ago
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www.pointoforder.com/2025/01/02/a...
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Another Early Executive Privilege Memo - Point of Order
Referring your attention to a post I wrote a few weeks ago regarding the 1948 Wolkinson memo that I found at the Truman Library, there was one other document located in the same file. Unlike the Wolki...
https://www.pointoforder.com/2025/01/02/another-early-executive-privilege-memo/
11 months ago
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@chrisstirewalt.bsky.social
I found your account but I couldnāt find Megan McCardleās.
11 months ago
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If you enjoyed the Lawfare podcast linked below which discussed the "recess appointments gambit" (and who wouldn't?), you may find this Washington Post article of interest.
wapo.st/3ZFmD0n
add a skeleton here at some point
12 months ago
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When both sides of a political divide think of the other not as the champion of differing policies, but as an existential threat to the political system itself, conflict, even if it remains purely in the verbal sphere, is bound to become more acute.
lawliberty.org/parallel-uni...
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Parallel Universes ā Theodore Dalrymple
Itās unlikely that Americans will be going separate ways, but they are certainly worlds apart.
https://lawliberty.org/parallel-universes/?mc_cid=5816a64149&mc_eid=0071813284
12 months ago
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www.pointoforder.com/2024/12/02/t...
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Truman, Wolkinson, and the Invention of Executive Privilege - Point of Order
Apropos of nothing, I was reading Judge MacKinnonās dissent in Nixon v. Sirica, 487 F.2d 700, 729 (D.C. Cir. 1973) (en banc) and came across a passage I had not paid attention to before. In arguing th...
https://www.pointoforder.com/2024/12/02/truman-wolkinson-and-the-invention-of-executive-privilege/
about 1 year ago
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reposted by
Mike Stern
Gregg Nunziata
about 1 year ago
I have an essay in the NYTimes with Noah Bookbinder on the importance of the Senate confirmation process for executive branch nominations, including the standard background investigation.
www.nytimes.com/2024/11/29/o...
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Opinion | F.B.I. Checks of Trump Nominees Are Critical for the Nationās Security
With fewer and fewer checks on presidential power, we need rigorous congressional consideration of the incoming presidentās team.
https://www.nytimes.com/2024/11/29/opinion/trump-background-senate-nominations-fbi.html
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www.pointoforder.com/2024/11/27/c...
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Congressional Oversight, Senate Confirmation, and the Recess Appointments Gambit - Point of Order
On a Lawfare Podcast this week, I spoke with Molly Reynolds of the Brookings Institution and Donald Sherman of Citizens for Ethics and Responsibility in Washington about congressional oversight, the c...
https://www.pointoforder.com/2024/11/27/congressional-oversight-senate-confirmation-and-the-recess-appointments-gambit/
about 1 year ago
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reposted by
Mike Stern
Lawfare
about 1 year ago
On Lawfare Daily,
@mollyereynolds.bsky.social
spoke to
@mls1776.bsky.social
and Donald Sherman (
@crew.bsky.social
) about the Senate confirmation process, expectations for congressional oversight in the next Congress, and President-elect Trumpās potential plans for recess appointments.
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Lawfare Daily: Congressional Power and the Confirmation Process, with Mike Stern and Donald Sherman
What issues might President-elect Trump's nominees face during confirmation?
https://www.lawfaremedia.org/article/lawfare-daily--congressional-power-and-the-confirmation-process--with-mike-stern-and-donald-sherman
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Can Senate Judiciary Compel the Production of the Gaetz Ethics Report? - Point of Order
As you have probably heard, the president-elect (well, the expected president-elect) has expressed the intention to nominate Matt Gaetz as the next attorney general of the United States. Gaetzās quali...
https://www.pointoforder.com/2024/11/15/can-senate-judiciary-compel-the-production-of-the-gaetz-ethics-report/
about 1 year ago
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Wow, I just logged on here and itās like all the libs were raptured from twitter. š
about 1 year ago
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reposted by
Mike Stern
Quinta Jurecic
almost 2 years ago
Mike Stern has written an intellectual history of this little tempest over at his blog, which gives some more context on some of the characters involved
www.pointoforder.com/2024/01/05/a...
add a skeleton here at some point
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you reached the end!!
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