(🧵/ 2) The Society for the Rule of Law Institute condemns the president’s treatment of U.S. Attorney Erik Siebert, his weaponization of the Justice Department, and those attorneys in his service who have betrayed their oaths and ethical obligations to enable this conduct.

Our democracy is not self-executing. It depends on us all as citizens, regardless of our political affiliations, to stand up and fight for the core values that have made this country the envy of the world.

A free and democratic society cannot silence comedians because the President doesn’t like what they say. This is an attack on free speech and cannot be allowed to stand. All elected officials need to speak up and push back on this undemocratic act.

Out today: The Fall of Affirmative Action, by Justin Driver www.amazon.com/Fall-Affirma...

TFW . . . it’s your BFF’s birthday! @joshchafetz.bsky.social, here’s hoping you have the very best day! ❤️

Universities are such magical places . . . (❤️ @alahav.bsky.social)

Grateful to be able to comment on these issues today — “Many of our district judges are under enormous pressure right now . . . One would hope under these circumstances that district judges would receive as much institutional support as possible—certainly no one should be dressing them down.”

Sometime this week the U.S. Marshals Service quietly published the latest numbers on threats against judges:

Happy 71st Birthday to Ruby Bridges, who at the age of 6 desegregated the New Orleans public schools. She’s younger than 30 senators and our last two presidents—and only 7 years older than Barack Obama. The past isn’t past.

“I never saw an instance where he would deliberately defy a controlling opinion or legal statement from our court or from the Supreme Court,” Justice Breyer said. Justice Breyer Defends Judge Accused of Defying Supreme Court Order

Harvard Secures a Court Victory in Its Fight With Trump

(Good morning)

Can we stop to talk about how remarkable the timing was? Compliant at 1am, Judge engaged at 2am, ex parte call to the Government at 2:30am (they did not answer), TRO at 4am? On a Sunday of a holiday weekend?!

“This is why we have process. This is why we have courts.” - Judge Sooknanan

So grateful to the (wonderful) editors at the @michlawreview.bsky.social for publishing my review of Robert Post’s “The Taft Court: Making Law for a Divided Nation.” 💙 michiganlawreview.org/journal/the-...

Issue 6 of Volume 123, our Book Review Issue, is now live on our website! Make sure to check out these incredible reviews at michiganlawreview.org/archive/?_vo....

Justice Scalia on what makes American government exceptional: Our Constitution separates powers to "prevent the centralization of power in one person, or one party." In other countries, where power is centralized in one person, "the game is over" for rights. www.youtube.com/watch?v=Ggz_...

The erosion of basic principles like due process and the expanding use of our military on domestic soil puts the liberties of all Americans at risk, and should concern democrats and republicans alike.

Sometimes you just need something sweet to look at . . . The adorable little boy with the grin on the left? Why none other than (future Justice) John Paul Stevens, with his brothers Bill and Jim. ❤️

“Although some tension between the coordinate branches of government is a hallmark of our constitutional system, this concerted effort by the executive to smear and impugn individual judges who rule against it is both unprecedented and unfortunate,” Judge Cullen concluded.

Calling out the (tiny) DC National Guard is one of the *only* things President Trump can do to DC without new legislation. Today’s “One First” goes deep into the history of the federal government’s relationship with the nation’s capital—and the significance of the 1973 Home Rule Act—to explain why:

Opinion: www.documentcloud.org/documents/26...

BREAKING: In 2-1 ruling, DC Circuit overturns Judge Boasberg's order initiating contempt proceedings against Trump admin over Alien Enemies Act Deportations. Majority Katsas (Trump)/Rao (Trump). Dissent: Pillard (Obama). Order: www.documentcloud.org/documents/26...

NEW: "The electronic case filing system used by the federal judiciary has been breached in a sweeping cyber intrusion that is believed to have exposed sensitive court data across multiple U.S. states, according to two people with knowledge of the incident."

“Look for the helpers. There are always people who are helping.”

A group of former lawyers from the U.S. Justice Department and major law firms launched a new nonprofit on Monday to take on cases for free opposing actions by the Trump administration @davidjthomas.bsky.social reut.rs/4lgJTLc

Very grateful that my pitch for the field of Judicial Administration - that is, studying courts as institutions and how they function day to day - is now out with the Yale Journal of Law & the Humanities . . . papers.ssrn.com/sol3/papers....

Judge Coughenour continued: “Looking back at what happened in Germany, my good friend Judge Lasnik said, ‘Where were the judges? Where were the lawyers?’” “We need a call to action in this country from our lawyers and our judges to say ‘not in our country, not on our watch,’” he said.

🚨North Carolina voters: Have you checked that your voter registration is complete? The State Board of Elections has identified over 100,000 North Carolinians whose voter registrations are missing key information. Visit ncsbe.gov/registrationrepair and share with others!

Me on the factually misleading and analytically ridiculous misconduct complaint DOJ has filed against Chief Judge Boasberg—and the dangerousness of DOJ so openly trying to undermine public confidence in the only institution that has been even partially effective at checking the Trump administration:

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.

Characteristically clear-eyed thinking on the dangers of "regulation by deal" from my colleague David Pozen. balkin.blogspot.com/2025/07/regu...

JUST IN: The bench of the federal district court in Maryland responds to Trump’s lawsuit over their automatic 2 day stay of habeas cases. It plainly violates separation of powers and is not justiciable — all for an “ordinary” administrative decision. storage.courtlistener.com/recap/gov.us...

The stakes of the 2026 election could not be higher, & I need YOUR help to fuel this people-powered campaign. Here are some ways you can support my reelection campaign: 💸 Consider contributing to my campaign if you’re able 💙 Like or comment on this post! 🔗 Visit www.earls4justice.com

Looking forward to being part of this event on the pressures courts are currently facing - alongside Judge Michelle Childs, Professor Mike Gerhardt, and former Judge Jeremy Fogel - tomorrow in Seattle, hosted by @bji.bsky.social.

A true scholar and gentleman — Professor Fallon will be missed by so many.

This feels pretty extraordinary (in an age when many things feel extraordinary) — “The federal judges in the Northern District of New York have declined to appoint John Sarcone, the Trump administration’s temporary US attorney pick, to permanently serve as their district’s top prosecutor.”

Sixty-six years ago this summer, the great Henry Friendly was under consideration for a seat on the Second Circuit. This “recommendation” from Oscar Cox is too much — Friendly has “character, judgment and brains. He is first rate in every way. He will, I am sure, make one of our great judges.” ❤️

Honored to be quoted alongside @profmmurray.bsky.social in the latest by @adamliptak.bsky.social . . .

The Constitution belongs to all of us. We’re proud to launch this new initiative to make the rule of law accessible for all. Because our nation is at its best when Americans are informed, engaged, and empowered. 🔗 Learn more: www.weholdtruths.org

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

📢 Harvard Law Review Symposium Announcement: "Judicial Review in Jeopardy?" Panel discussions on October 10; print publication in June. Honored to work with co-organizer Neil Siegel and these other excellent scholars on such an important (and timely) topic ⬇️

Thrilled for the Ford Foundation — there is no one better than @heathergerken.bsky.social! www.washingtonpost.com/business/202...

Republican Sen. Thom Tillis on the Senate floor on the budget bill: "What do I tell 663,000 people [in North Carolina] in two years or three years when President Trump breaks his promise by pushing them off of Medicaid because the funding is not there anymore, guys?"

Please tell me we are going to make “See (sorry)” happen.

“The identification and protection of fundamental rights is an enduring part of the judicial duty to interpret the Constitution." 10 years ago today, from the Court’s opinion in Obergefell v. Hodges, which guaranteed the right to same-sex marriage. ❤️

HAPPENING NOW: Third Circuit Court of Appeals nominee Emil Bove--Trump's former criminal defense counsel--is set to face questions from the Senate Judiciary Committee. Hearing comes 1 day after whistleblower claimed that Bove suggested ignoring court order www.judiciary.senate.gov/committee-ac...

A huge thank you to Roy Cooper for joining me in Raleigh yesterday to support my re-election. I am grateful for his leadership and the example he sets of what good public officials can accomplish. ⚖️ #NCPol