The best part of conferences is finally getting to meet in person people you’ve been interacting with for years online. @patsobkowski.com @yeargain.bsky.social @msmith750.bsky.social @danielrice.bsky.social @jacobdcharles.bsky.social @dfroomkin.bsky.social

Law Profs teaching First Amendment: I have put together a FREE, recently updated, and easy to use casebook for use in free speech classes. If you are interested in using such a casebook, send me an email or DM and I would be happy to share!

Brian Kalt on Trump and a third term. www.theatlantic.com/ideas/archiv...

Please stop falling for the MTG is a new person con. Please.

Pelosi is one of the most important figures in all of American political history. I hope she enjoys retirement.

Douthat is a textbook moron.

This is wrong. Basic conlaw I doctrine.

I’m very excited to attend the Loyola Constitutional Law Colloquium this weekend! I’ll be presenting an early project called “Presidential Penumbras.” If you’ll be in attendance, I’d love to meet up!

The disconnection from reality in Sauer’s SCOTUS argument is hilarious. “We’ll reinvigorate America’s hollowed-out manufacturing base.” No you won’t.

Alito is trying to clear the way for the Trump administration to use an alternative statute--section 338 of the 1030 Tariff Act--to impose tariffs. But that allows tariffs only up to 50 percent, it's only been used in wartime, and the statute hasn't been used since 1949. www.cov.com/-/media/file...

“The framers wanted the president to be able to unilaterally impose taxes because that wasn’t a problem at the founding.” -Trump administration

Gorsuch: "So, could Congress just delegate all power to regulate foreign commerce to the president?" Obvious answer: "Um, no."

Oh, Gorsuch is a "no". Wow.

KBJ, Kagan, and Sotomayor are clearly against the administration. Barrett seems to be likely to join them as well as Roberts.

I’m interested for Gorsuch to speak up. His whole shtick is “get the government off normal peoples’ backs.”

Roberts now going at the solicitor general like a cat with a wounded mouse. Keeps telling him that tariffs are taxes on the American people. "Who pays the tariffs??" Says Trump's argument would neutralize separation of powers between the legislative and executive branches. Incredible stuff.

“The framers wanted the president to be able to unilaterally impose taxes because that wasn’t a problem at the founding.” -Trump administration

Roberts is skeptical of the government’s argument.

Trump and his administration’s views on executive power owe a lot of credit to Dick Cheney and the Bush administration. Whether Cheney’s split with Trump and the GOP overcomes that is open to debate. The first point is not up for debate.

I’ve been on quite a shopping spree. 2nd printing of Bailyn’s “Ideological Origins.”

I did an interview way back when Crawford was running for WI Supreme Court, and they asked if it could be a referendum on Trump. I said “maybe but too early to tell.” Tonight seems like a referendum.

The midterms are going to be so lit.

Trump and his administration’s views on executive power owe a lot of credit to Dick Cheney and the Bush administration. Whether Cheney’s split with Trump and the GOP overcomes that is open to debate. The first point is not up for debate.

In Furious Minds, @lkatfield.bsky.social tells the story of the thinkers of the New Right—and their powerful assault on American freedoms, values, and ideals. Now available (6 Jan UK pub). Learn more about this incisive and urgent book: press.princeton.edu/books/hardco... #PoliSci

I haven’t been following NY politics, but is the anticipation that Mamdani will pull it off?

So, is this antisemitic? Seems antisemitic.

New from me in @michlawreview.bsky.social reviewing ‘New Deal Law & Order: How the War on Crime Built the Modern Liberal State’ michiganlawreview.org/whats-left-o...

Excellent piece by @mgraber1.bsky.social. washingtonmonthly.com/2025/11/02/a...

I've posted a (lightly) revised version of The Chadha Presidency, which takes account of recent tariff disapproval votes and a few other new developments. papers.ssrn.com/sol3/papers....

For me, Obama’s greatest strength has always been communication.

In the antebellum period, judges who ruled against fugitive slaves and in favor of their owners would get more money. It incentivizes racial profiling and discrimination then as it does now. There is no real due process in a scheme like this.

Legal Theory Bookworm: “The Actual Art of Governing” by Magliocca The Legal Theory Bookworm recommends The Actual Art of Governing: Justice Robert H. Jackson's Concurring Opinion in the Steel Seizure Case by Gerard N. Magliocca. Here is a description: Since the adoption of the US constitution,…

What's Left of the New Deal State? - Michigan Law Review buff.ly/MagIgp0

Checked the #1 item off my book bucket list: The Complete Anti-Federalist, edited by Herbert Storing.

Please to share the final, citable version of my latest article, The Existential Challenge to the Administrative State, forthcoming in the Georgetown Law Journal. Written mostly before Trump's second term, the paper critiques and responds to the case law that has enabled the current conflagration.

the modern plague of short ties angers me more than is probably healthy #WindsorRideOrDie

US SENATE VOTES 51-47 TO OVERTURN TRUMP’S ‘LIBERATION DAY’ GLOBAL TARIFFS — FOUR REPUBLICANS JOIN DEMOCRATS; MOVE IS MOSTLY SYMBOLIC AS WHITE HOUSE LIKELY TO VETO

Gerard Magliocca’s new book on Robert Jackson’s steel seizure concurrence, “The Actual Art of Governing,” is out. I’ve been reading the page proofs and it’s superb. global.oup.com/academic/pro...

Great piece in the new American Political Thought, probing the relationship between Publius and Wilson and elaborating The Federalist's dynamic account of institutional development.

Breaking on MSNBC: Two federal prosecutors have been placed on leave at the direction of the White House after filing a sentencing memo seeking 27 months in prison for a pardoned Jan. 6 rioter who brought illegal guns and ammunition to President Obama's house in 2023.

New from me! A short and sweet book review of a short and sweet book: www.tandfonline.com/doi/full/10....

BREAKING: The full Ninth Circuit vacates last week’s 2-1 order granting DOJ a stay of the district court’s TRO in the case over Trump’s National Guard effort in Oregon. The court will rehear DOJ’s stay request w an 11-judge panel. Today’s order means Judge Immergut’s TRO remains in effect for now.

Isn't it a rule of thumb that, if you don't want to be made to look stupid, don't agree to a Chotiner interview? www.newyorker.com/news/q-and-a...

Okay I’m going to bed. I’m sick of this. Stop walking Ohtani, cowards.

Ohtani should start on 2nd at least if they’re going to walk him every time.

There should be a penalty of some sort for walking Ohtani. I don’t care who wins but I want to see the best player get a chance to win the game.

Coates is a really smart guy.

That racial progress in America is ineluctable. Minorities have had to fight tooth and nail for basic equality. Many students have a sense that it was slavery > abolition > civil rights era > yay everyone happy. Not the case at all.

Greatest of all time.

Abe is a sweet boy. In the background, you can see Reggie being unbothered.