As far as federal law is concerned, states may maintain non-republican forms of government.

Really enjoyed attending this event – to my knowledge, it was the first time Justice Gorsuch has ever spoken publicly on Indian law. Here's audio of his full remarks, for anyone who's interested: drive.google.com/file/d/13rHG...

Adventures in the police power

My @umichlaw.bsky.social colleague Don Herzog has a new book out today - Reading Wars - about the political fights over who gets to read & what people get to read. Check it out!! (You can read or download it for free.) press.lse.ac.uk/books/m/10.3...

As profs are lining up courses & casebooks for next year, I want to plug again the Second Amendment casebook that I & Blocher Madeira & Miller wrote. 📖👇 2A Law is an increasingly impt area of conlaw & today's law students show tons of interest in the topic. faculty.westacademic.com/Book/Detail?...

Uh, wow! Absolutely amazing free resource! blog.archive.org/2026/04/20/u...

Winner of the Bancroft Prize!

Dobbs contains multitudes: (1) “we cannot allow our decisions to be affected by … concern about the public’s reaction to our work," yet (2) “it is important for the public to perceive that our decisions are based on principle."

Read all of Allread!

Looking forward to speaking at the Federal Bar Association's annual Indian Law Conference tomorrow! Here's the full program: www.indianlawconference.com/program/

And new from Joseph Blocher and I: Applying History as Law: on the increasingly high-profile and contested role of historical facts in constitutional law: texaslawreview.org/applying-his...

New Duke Law Journal symposium on history & constitutional law co-edited with Joseph Blocher & Tim Lovelace, hosted with @bolchjudicial.bsky.social: dlj.law.duke.edu/current-issue/, pieces by Karen Tani, Christine Hammock Jones & Darrell Miller, Jake McAullife, Daniel Rice, Saul Cornell

Whatever happens, this is a deeply shameful episode in American history that will leave a permanent stain on the country. Repeatedly vowing to commit war crimes against millions of innocent civilians is beyond the pale.

The final version of "Tradition Without Text?" (in Duke Law Journal Online) is now live: scholarship.law.duke.edu/cgi/viewcont... I argue that "historical understanding[s] of ordered liberty" shouldn't be determined solely through reference to textual rights protections.

After years of research, Daphna Renan & I are thrilled to announce preorders of SUPREMACY. Why is US democracy so broken? One reason is we've wrongly accepted that 9 justices have the final say over the Constitution. This book traces how that happened—& how we can reclaim power to govern ourselves.

Would love to see AI spit out a list of erroneous citations/attributions in Supreme Court opinions!

Inject it

Can't wait to dig in to this @wmborj.bsky.social symposium issue on Con Law casebooks! scholarship.law.wm.edu/wmborj/

When every nation's best author submits to YLJ

bracket name

Yale Law Journal (@yalelawjournal.bsky.social) will be publishing my latest, “The New Criminal Docket and the Clemency Court.” It explores how SCOTUS is no longer using its criminal merits docket for broad constitutional reform, opting instead for targeted relief for the fortunate few.

Congrats to my co-clerk on this awesome new gig!

Excited to share two projects, forthcoming in the Minnesota Law Review and the Notre Dame Law Review, about federal courts’ increasing reliance on “external” factfinding of epistemically dubious provenance. (1/4)

v/excited to share that my article, Congress's Power of Inquiry in Impeachment, is forthcoming in the Virgina Law Review. Abstract below. Full draft up soon (SSRN... throws hands in the air)... happy to share the draft, though, and would love comments ...

If you feel the need to write articles using AI, please find another job. Your students and colleagues deserve a lot better.

Book Announcement!!! Sidewalk Nation: The Life and Law of America’s Most Overlooked Resource is available for preorder and out June 2 with @harvardpress.bsky.social! a.co/d/0d1DwIVc

I am confident that, in performing this limited historical analysis, the Court will not analogize to the holdings of prior cases. Nor will it derive from those cases principles that seemingly encompass the present SDP claim.

Yesterday I filed an #AmicusCuriae brief at #SCOTUS in the birthright citizenship case. It presents stories of 3 families of Japanese ancestry--w/o legal allegiance to the USA--to show citizenship derives from birth on US soil, not parental loyalties. #lawsky #skystorians tinyurl.com/3hy76638

Ping-pong paddles were used. Points were earned, and scores were tabulated. Specific details are not available at this time!

I don't make the rules!

Thrilled that my article, Forgotten Framers: Black Conventions and the Second Founding, is forthcoming in the Stan. L. Rev. @stanlrev.bsky.social. It discusses Black Conventions held during Reconstruction and how these conventions are critical to a proper understanding of the 13, 14, & 15th Amdts.

NEW PAPER: I have posted a draft of my latest paper on "The Exclusive Powers Presidency" on SSRN. Abstract below! papers.ssrn.com/sol3/papers.... The Article argues that the Roberts Court has recently transformed separation of powers law by centering the President's "exclusive" powers. 1/6

So practical consequences are extremely important in Indian law, Federal Reserve law, and tariff law. Where else?

My book is available for pre-order! Get your copy here: www.cambridge.org/us/universit...

New Foreword up on SSRN, previewing new projects on the history of constitutional history and what it can teach about legal frameworks at the heart of our "constitutional crisis"-federal Indian law, territorial law, expansion, immigration, and executive power. papers.ssrn.com/sol3/papers....

Thrilled that my article Private Governance and Originalism will be published in the Stanford Law Review @stanlrev.bsky.social! The article explains why private groups including schools, corps & other orgs create unique challenges (and opportunities) under originalist "history & tradition" tests

Great piece! As a prelude to the main argument, it does a nice job of rebutting sympathetic reconstructions of Bruen. Give it a read!

My latest, "Free Exercise and the Redistribution of Liberty," is now posted (and forthcoming in @yalelawjournal.bsky.social). It argues that free exercise doctrine uses selective market logic to redistribute both public resources and liberty itself. Comments welcome: papers.ssrn.com/abstract=618...

Had a ton of fun on this panel with @audrelawdamercy.bsky.social, Thomas Saenz, and Reggie Oh!

Usually don’t screenshot student evals, but making an exception here

More article placements for everyone else! news.northwestern.edu/stories/2026...

Happy to announce that my article, "The Jurisprudence of Constitutional Entitlement," has finally hit the press via the William & Mary Bill of Rights Journal. It explores how judges create certain domains where govt is *entitled* to act, even if it means flouting general doctrinal rules.

brass solidarity band performing “stand by me” in the streets of whittier next to alex pretti’s memorial. the crowd started chanting “the people united will never be defeated” so they incorporated it into the song. i love minneapolis

I feel like this warranted a push notification

Reposting for the workweek crowd!

I've just posted a draft essay called "Tradition Without Text?" (forthcoming in Duke Law Journal Online). It critiques Dobbs for using crude positive-law proxies to identify "historical understandings of ordered liberty." papers.ssrn.com/abstract=609...

Minnesota Voters Alliance v. Mansky in the wild!

This footnote from Foley v. Connelie (1978) should be more widely known:

Book recommendation: "The Worst Trickster Story Ever Told" by Keith Richotte, Jr. This is a wonderful and *highly* entertaining account of the development of Indian law. I learned a lot!!! #indianlaw #law #constitution @skystorians @lawsky