On this day – November 13th – in 1856, the great Louis Dembitz Brandeis was born. Sixty years later, he would join the Supreme Court. 🏛️

Joyscrolling

10/10

But his aloof wife

Democratic women have made history tonight: Abigail Spanberger will be the first female governor of Virginia. Mikie Sherrill will be the first female Democratic governor of New Jersey. I’m looking forward to seeing these strong, dedicated leaders deliver a bright future for their states. 🎉

The weary sun hath made a golden set

A riot of color! 🍁

In honor of Halloween, my favorite essay in the philosophy of candy: 200proofliberals.blogspot.com/2021/03/the-...

This will forever live in my heart . . .

[Enter Ghost.]

I am excited to host @marinklevy.bsky.social today at the @umnlawschool.bsky.social Public Law Workshop. She will be speaking about her paper with @zclopton.bsky.social, “Local Rulemaking.” I am looking forward to the conversation!

"Provides a blueprint for both the legal practitioner and those interested in learning more about the practical considerations that define appellate advocacy." Written and Unwritten by Jon O. Newman & @marinklevy.bsky.social, Out Now https://cup.org/4qsplTx #LawSky #AppellateSky

I would have written an article about phone books if it meant getting to write with Zach Clopton . . . But luckily for me we wrote about Local Rules instead. So excited our article is now out with the Virginia Law Review . . . 💙🧡

Thanks to all who joined us for the Star Rule of Law Series event yesterday! Moderated by Prof. @marinklevy.bsky.social with Profs. Jamal Greene & Cynthia Nicoletti, the panel explored Dred Scott, Ex parte Merryman, and what history still has to teach us.

“The sun shines to-day also.” (Emerson)

From the Daily Texan, the UT student newspaper: Academic freedom should not be for sale. thedailytexan.com/2025/10/16/a...

“Study" From Old French studier, from Latin studēre: To strive after, to concentrate on, to support, favour, devote oneself to ❤️

All but 2 Universities Decline a Trump Offer of Preferential Funding (🎁 link)

Ah dear nature—the mere remembrance, after a short forgetfulness . . . (Thoreau)

[Exit King.]

Durham, NC ❤️🤍💙 #NoKings

What a nice day for a little peaceful protesting . . . 🚫👑

Happy 93rd - 93rd! - Birthday to Judge Guido Calabresi! ❤️

There are so many good people out there in the world — who are willing to do the right things for the right reasons. We will find a way. ❤️

Independence and evidence-based decision-making must drive federal prosecutorial actions.

There is no anguish quite so sweet as learning about an apple that you hadn’t heard of and likely won’t taste

Brown rejects the compact! President Paxson’s letter references the views of stakeholders - & I know as an alum how activated the Brown community was while the school considered its response - an important reminder of how much organizing matters

If Section 2 of the Voting Rights Act falls, Democrats might need to win the national popular vote by 5 to 6 points to take control of the House, via Nate Cohn www.nytimes.com/2025/10/15/u...

Unsurprisingly fantastic, nuanced piece by Dave Pozen and Jed Britton-Purdy. Read it! www.bostonreview.net/articles/wha...

Always happy to see this face . . . #Northwestern 💜

🍎-picking season . . .

Well done, MIT! www.nytimes.com/2025/10/10/u...

Looking forward to this event today . . .

I’m really looking forward to these conversations on Friday. Please register and come/zoom in! harvardlawreview.org/judicial-rev...

This is very good—it’s a true service to/must read for U.S. Judges, on their options as they decide cases about the legality of Executive actions.

TFW the great @smmarotta.bsky.social takes time out of his crazy busy schedule to teach your students about personal jurisdiction. Sean is a mensch and Civ Pro rockstar, and my students and I had the BEST time! ❤️ #appellatesky

When the plans get out of the DM and you actually go visit @marinklevy.bsky.social and her class. I had the BEST time.

HAPPENING NOW: Judge Karin Immergut hears emergency arguments as California and Oregon seek to block President Trump's deployment of federalized California National Guard troops to Portland. 🧵

The very first statute authorizing domestic use of the military during domestic emergencies, enacted in 1792 by a Congress full of the same folks who wrote and ratified the Constitution, expressly provided for judicial review in certain circumstances *before* the President could even send troops.

Timeline cleanse . . . 🐰

Chief Judge David Barron of the First Circuit Court of Appeals on birthright citizenship — “[T]he length of our analysis should not be mistaken for a sign that the fundamental question that these cases raise about the scope of birthright citizenship is a difficult one. It is not . . .”

Grateful to be participating in this timely symposium next week: "Judicial Review in Jeopardy?"

“This is extortion, plain and simple.”

As @genevievelakier.bsky.social notes, this scheme is squarely unconstitutional under existing cases. There's some tricky nuance in the doctrine, but the thrust is that the government may not condition receipt of federal funds on ideological agreement with the government (or on refusing to speak).

My God

At NYU's Democracy Project (more on that later), Prof. Caleb Nelson has a feature essay arguing that originalism does not support the unitary executive branch theory. Caleb is one of the country's leading originalist scholars, frequently cited by the Court. democracyproject.org/posts/must-a...

Just posted a new essay with @williambaude.bsky.social and Sam Bray - "Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review). papers.ssrn.com/sol3/papers....