The endless gymnastic quest to turn every foul into a shooting foul

*This* is to my mind the most problematic aspect of Callais. The mix of race and politics, esp. in the deep South, is complex and is perhaps the defining issue of American political history. The enforcement provisions of the 14th and 15th Ams recognize this by specifically empowering Congress. (6/7)

What is new is using this same logic to defeat statutory claims of *racial vote dilution.* Unlike racial gerrymandering, racial vote dilution is (1) a group-based harm and (2) requires an actual effect on group members' voting opportunity. (4/7)

This is what America looks like when it fails to protect its progress: fierce backlash, partisan retrenchment, brass knuckle tactics. Please read and share my op ed about the catastrophic consequences of the Callais decision and the critical need to mobilize. www.ms.now/opinion/supr...

Research shows that more diverse juries are less quick to convict, and that they deliberate longer and more carefully. A landmark reform by former Governor Phil Murphy in January will make the jury pool in New Jersey more representative of the state.

Here’s how the six-justice majority explained what amounts to an aboutface from Allen v. Milligan three years ago. (Note: there is no explanation.)

I know this isn't a quick fix, particularly in Virginia, but remember: SCOTUS probably isn't riding to the rescue. Rights and liberties increasingly depend on state courts. You can help: *Clerk in state courts! *Practice in state courts! *Try to become a state court judge!

Pam Karlan is right (and so is Rick Hasen by agreeing with her). It’ll take a political movement on par with the one that caused the passage of the Voting Rights Act of 1965 to yield the changes we need to achieve a fair and equitable multi-racial democracy.

While the world’s eyes are on fashion’s biggest night, we’re turning ours to the garment, retail, and warehouse workers who keep the industry running. From true love found on the picket line to a free tailoring school out of a Brooklyn basement — meet the New Yorkers who make it all possible.

There would be absolutely nothing preventing the Republican Party from actually competing in DC and Puerto Rico for the support of the median voter, other than a total unwillingness to adopt policy positions anywhere near those of the median voter. And again: bsky.app/profile/mcop...

My New One at Slate: Justice Alito is a Coward (and Possibly a Liar) slate.com/news-and-pol...

In New York, the Jury of Our Peers Act, S.2240A (Cleare) / A5414A (Gibbs) would also restore eligibility for jury service to people with prior felony convictions.

Do you live in Chelsea, West Village, Hell's Kitchen, Hudson Square, Garment District, Flatiron, Greenwich Village, or Times Square? Today is the first day of Early Voting in the special election for NYC Council District 03. Vote @lindseyboylan.bsky.social. www.vote.nyc/election/spe...

What the stories about not-terribly-significant drops in approval ratings for Spanberger and Mamdani miss is that political capital is supposed to be spent on achieving policy priorities.

Read my Letter to the Editor at ⁦‪@WSJ‬⁩ discrediting the favorable profile that paints Harmeet Dhillon as a rational reformer and fails to examine her egregious anti-civil rights record. As she vies to replace Pam Bondi, media must get the facts right. www.wsj.com/opinion/harm...

Trans Day of Visibility. Trans people are our neighbors. Trans people are not dangerous. Today, and every day, we see you. You are loved, you belong 💛

Spoke to Mariko Hirose, a lawyer from the Americans United for Separation of Church and State @americansunited.bsky.social, about the grim ongoing battle against Christian nationalism in our government. www.hamiltonnolan.com/p/christian-...

Some version of New York for All is likely to pass; the key question is which one. To prevent Hochul from watering the bill down to allow some collusion with ICE, we need as many people as possible contacting our NYS reps right now so that they hold the line. Use NYCLU's tool to contact them all.

This case is not at all about “swinging dicks.” It’s about whether WA State anti-discrimination law violates 1A. Judge McKeown wrote an opinion that addresses the issue squarely. Judge Gould, as down the middle a jurist as there is, joined it. VanDyke shows once again he’s just a troll in a robe.

Teaching Equal Protection doctrine on discrimination against noncitizens today... Not only is a Plyler v Doe unimaginable now (states can't deny public school to undocumented children), so too is the agreement. The decision is 5-4, yet *all 9 justices* are like yeah that exclusion is bad & immoral.

This analogy is correct.

Tonight family, friends, and neighbors of all ages wrote a big stack of letters to elected officials in support of the NY for All Act and the NY Civil Rights Act. The kids ran around, but they also joined in.

I miss when you could post Brave Norman Rockwell Townsperson and the caption could be, like, “R.E.M was wrong to leave ‘Fretless’ off of Out of Time” instead of “The secret police should stop murdering people.”

Frederick Douglass’ words are evergreen.

NEW: We're filing a motion to intervene in a lawsuit that seeks to exclude undocumented people and people with temporary status from being counted in the census. The Census Bureau is constitutionally required to count everyone living in each state — not just citizens. More on the case here 👇

We mourn every soul lost to ICE's lawless violence. It's time to fight like hell for our communities and end this terror. We must pass New York for All and end ICE collaboration for good. Take action at nyic.me/ny4all #NewYorkforAll #NY4ALL

“He later drew a distinction between someone being “arrested” – which he acknowledged could happen to a U.S. citizen — and being “detained” on a longer basis.” Lyons might make this distinction, but the Fourth Amendment doesn’t and the only difference are the damages. apple.news/Ad06LjFNfSfK...

Having friends and neighbors over to write letters to the Governor and Legislature in support of the New York for All Act, S.2235/A.3506, and the New York Civil Rights Act, S.8500/A.9076. Folks will bring food. We'll have some drinks. Kids will run around the house. Democracy is a team sport.

It is so refreshing and encouraging to see thoughtful and insightful leadership in New York City. Stanley Richards is an inspired choice for the Commissioner role. There's a lot of work to do at DOC, but this is a good place for Mayor Mamdani start.

NEW: Today Gov. Hochul announced a measure intended to limit local law enforcement from aiding ICE's deportation agenda. But a bill that would fully end collusion w/ ICE—and do more to protect immigrant NYers—already exists: the New York for All Act. It's time for state leadership to pass it, now.

BREAKING: Along with the NAACP New York State Conference, the Bronx Defenders, and Milbank LLP, we are suing the NYPD for disproportionately targeting Black and Latino drivers with unconstitutional vehicle searches. This essentially amounts to stop-and-frisk on wheels, and it must come to an end.

I stopped posting the daily reminder, but just in case it’s in need of a refresher: Congressional Republicans can stop this any. time. they. want.

I am re-upping my contact info. If you are in federal or local law enforcement, if you're a community activist or legal observer, or if you have other information you think the public should know, please be in touch. Signal is best: mattshuham.01 or, 646-397-4678

Who ICE is "protecting you" from:

Setting federal law to one side, state courts and state officials should ask whether, given the behavior of ICE & CBP, state officers can assist those federal agents without running afoul of state equality and/or search-and-seizure provisions.

Such a good quote!

There was a liberal court for a few years in the mid 20th century and the right wing response was to delegitimize for DECADES right up to the point they had a supermajority, at which point it became Wrong to do so. These people think you are stupid bsky.app/profile/chri...

And the New York State Constitution requires no less.

If I told you that Mike Lee clerked for Sam Alito twice, you’d know everything you need to know about both Mike Lee and Sam Alito.

@justinlevitt.bsky.social, got a few minutes to talk offline about a redistricting thing? Could use a quick sanity check on kind of a fraught point.

It is hard to explain—because it is sheer lunacy—how extremely different it is to hold federal officials liable for violating anyone’s constitutional rights and to get recompense for victims. Pass laws to give the People a cause of action to hold lawless agents like Bovino accountable.

I have a review of Justice Barrett's recent book, "Listening to the Law,"in the LA Review of Books. Check it out! lareviewofbooks.org/article/is-j...

while I’m being cranky, access journalism needs to go. When the president does his “I’m alpha because I insulted you” thing somebody needs to fall on his sword and say “what the fuck is wrong with you, old man?” on a hot mic. the hero of the wizard of Oz is Toto.

Before the midterms of 1866, President Andrew Johnson called his congressional opponents traitors and said they should be hanged. Voters were so profoundly moved by his words... that they gave his opponents a supermajority in Congress, and the nation got the Fourteenth Amendment.

I’ve gotten asked repeatedly why the district courts matter if SCOTUS is going to do what it does. And it’s because the facts matter and, if nothing else, the district courts are memorializing the brutal facts and federal officials’ serial lies about their savage treatment of Americans.