Come on then, and remove him.

Obviously not a substitute for Congress doing its job, but now would be a good time for Clinton, W, Obama, and Biden to say something jointly.

Constitutional lawyer here. I don't think it would violate the Constitution for the VP/Cabinet to invoke the 25th Amendment, but the intended constitutional remedy for this behavior is impeachment & removal. The fact that that remedy is politically impossible is a scandal and a crisis.

My goodness I love when EK has the mic.

Obviously, we haven't yet heard from Cecilia Wang on behalf of the plaintiffs. But the #SCOTUS birthright citizenship argument is shaping up as a blowout against President Trump. I count at least seven votes against the executive order just in the questions to Solicitor General Sauer. Maybe more.

My goodness I love when EK has the mic.

🚫 👑

Tomorrow to th’ field.

Okay, can we have a moment for the Interimaginary Departures Gate at Austin’s airport?

Great quote from @marinklevy.bsky.social "If you’re repeatedly engaging in alarm-sounding, the force of that alarm is going to be diminished over time,” she said. “But just because there have been several fires doesn’t mean that you shouldn’t sound the alarm for the next one.”

Very grateful to get to speak with @schwartzesque.bsky.social about judicial opinions that are increasingly sounding the alarm — (🎁 link)

President Trump escalated his attacks on judges on Wednesday, calling on Republican lawmakers to pass a crime bill that “cracks down on rogue judges.”

The fall of a giant.

I have a civil procedure joke, but it’s been precluded

“[T]hreats have been on the rise, according to the U.S. Marshals Service, which in the 2025 fiscal year that ended September 30 recorded 564 threats to 396 judges. So far this year, it has tracked 241 threats to 202 judges.” *We need to be doing more to protect our judges.*

leave us to our free election.

This should not need to be said but Judge Boasberg is a widely respected judge and these efforts to intimidate and harass him are shameful.

NOT NOW, MYSTERIOUS LARGE STEEL CYLINDER

From our friends @merriam-webster.com: ides (noun) the 15th day of March, May, July, or October or the 13th day of any other month in the ancient Roman calendar. 🗓️

Here is my best Habermas story. I am grad student waiting in LONG line for Habermas talk. There is a tall man waiting in front of me. Line moves so we are eventually visible to organizers, a woman looks over & makes horrified face. Runs out: "Prof Habermas! You don't have to wait in line!"

🍒 🌸

An upright judge, a learned judge!

Judge Boasberg's opinion quashing subpoenas to Fed Reserve chair Jerome Powell: storage.courtlistener.com/recap/gov.us...

So, there is always a cost to commenting on an opinion like this, where the author is going for shock value . . . But I do think there’s an important point about judicial nominees in here . . . We tend to (rightly, I think) focus on a nominee’s commitment to the rule of law and ideology . . .

Misty morning . . .

We know a lot is going on right now, but we just realized that: cabinet/board/panel = things made of wood cabinet/board/panel = terms for organizations

One practice point I thought I'd never have to say following DOJ's un-dismissal of the EO cases. There are two ways to dismiss an appeal under Fed. R. App. P. 42(b): By stipulation or by motion. 1/

Speechless. Government moves to not move to dismiss law firm EO appeals.

Don’t mind if I do! 🗳️ ✔️ #NCElections

Seriously, it is easy to laugh now, but there was a real fear that this could collapse law firms. Clients and attorneys can leave at any time. No long-term contracts. No non-competes. Jenner, Susman, Wilmer, and Perkins deserve so much credit, as do those that stepped in to defend.

Very good news for the Rule of Law . . .

FWIW, this is sec. 2(c) of the War Powers Resolution:

Nothing will ever be quite as charming as Justice Breyer at the 2022 State of the Union . . . 🇺🇸⚖️

Nothing will ever be quite as charming as Justice Breyer at the 2022 State of the Union . . . 🇺🇸⚖️

What a treat to review Kevin Arlyck's new book - The Nation at Sea: The Federal Courts and American Sovereignty, 1789–1825 for jotwell . . . ⚖️ ⚓

O that I were a mockery king of snow

BREAKING: Chief Judge Jeff Sutton isn’t the only circuit judge to give Trump a new vacancy: Chief Judge Debra Ann Livingston of the Second Circuit is also retiring effective July 1.

My Lord Chief Justice, speak to that vain man.

"A regime of secret policing has no place in our society." Well worth a read.

This is Big News - Chief Judge Jeff Sutton of the U.S. Court of Appeals for the Sixth Circuit has just announced his intention to take senior status this fall.

[Enter Valentine.]

*So* excited “Local Rulemaking” — coauthored with the truly wonderful @zclopton.bsky.social — is now out in the Duke Law Journal . . . (Ever wonder how local rules get made? So did we . . . )

Big news coming out of higher ed!

Republicans are still trying to pass the SAVE Act—a bill that would make it harder to vote and disenfranchise millions of Americans. Join @redistrictingaction.org and tell your member of Congress to vote no: act.redistrictingaction.org/a/natl-saveact-cte

Tonight I learned that Robert Frost’s gravestone reads: “I had a lover’s quarrel with the world.” ❤️‍🔥

Short 🧵: Trump is suing the IRS for $10 billion for poor supervision of its employees, leading to the unlawful release of his tax data--when Trump was president and had the power to fire the IRS Commissioner. On @justiaverdict.bsky.social I discuss the many ways in which the lawsuit is obscene. 1/

Liam Conejo Ramos is not alone. (gift link) www.nytimes.com/2026/02/01/o...

We finally know what happened to DOJ's (frivolous) misconduct complaint against Chief Judge Boasberg: It was transferred by Chief Justice Roberts from the D.C. Circuit to Sixth Circuit Chief Judge Jeff Sutton, and Sutton dismissed it in a ... direct ... memorandum and order just two weeks later:

And just before it . . . "With a judicial finger in the constitutional dike, It is so ORDERED"