No, one could not make the same argument.

I’m sure Randy would offer a defense of Sotomayor, Kagan, or Jackson if they attended a DSA event.

I really want to teach a class on constitutional development in antebellum America.

Found this today.

The final version of Constitutional Democracy in Crisis? II is now at Oxford University Press. The most comprehensive study of democratic decline and resilience. Thanks to Mark Tushnet, Sandy Levinson, and Antonia Baraggia. All publicity is good. TOC here. balkin.blogspot.com/2026/03/cons...

Can’t wait for Pam Bondi to give a Federalist Society keynote on the rule of law.

The president’s lawyers reach conclusion that’s advantageous to the president. Who woulda thunk it, eh?

Congress has the constitutional authority to make the DOJ an independent agency. Maybe then we would get less embarrassing AGs.

Trump fired Pam Bondi because she wasn’t doing his bidding well enough for him. Considering all the harm the DOJ has done in the first year of his term, think about that.

Pam Bondi is beneath contempt. And if state bars are worth anything, she should have a disbarment fight to deal with soon.

You gotta be kidding me

Trump fires Pam Bondi.

My article, Factual Immunity, is forthcoming in the Minnesota Law Review. I argue that, alongside qualified immunity, some courts in constitutional tort suits employ what I call factual immunity by crediting officer testimony & discounting plaintiffs’ stories at summary judgment when QI is raised.

Friends, again with respect because this is a complex issue: children born to citizens of tribal governments do not have constitutional birthright citizenship under many, if not most forms of constitutional argument and authority (incl. Supreme Court precedent relied upon in this case)./1

Just so everyone knows, the Solicitor General straight up lied about the 1921 law review article he kept talking about. quick thread:

Cooking something up.

If you liked my recent podcast on Amicus w/ Dahlia Lithwick, here's a video with historians about Migration and the Origins of American Citizenship also on Spotify + Apple podcasts. Birthright citizenship is a very narrow part of US immigration, in this I went much broader as my book does.

I love the unitary executive and it’s totally what the framers wanted. APRIL FOOLS LOLOLOL

Sharing here from Twitter. @msmith750.bsky.social knows how to lighten the mood!

I agree. But I think this is what IW wanted. No such thing as bad press, the saying goes.

Not sure whether this is apt or terrible timing but here’s the official cover of my book due out with @uncpress.bsky.social W. Hodding Carter III imprint this fall. 🎉

Don't get me wrong: I'm relieved that this case is shaping up as either 8-1 or 7-2 against the Trump executive order. But the case is a gift to the Supreme Court. By rejecting an outlandish position, it will earn credibility as apolitical, even as the Overton window moves far to the right.

Gorsuch absolutely cooked the SG.

I think characterizing the critique of originalism as "it always leads to conservative results" is the wrong framing. The critique is "it is not principled because it allows people to mask their policy preferences in the language of law," which is exactly what's happening here.

“The task ahead for the president’s opponents is to recover the egalitarian substance of the 14th Amendment and wield it against his narrow and exclusive vision of American society. This is the work of history, it is the work of law and it is the work, as always, of politics.”

Outstanding piece this morning from @jamellebouie.net. Gift link below. www.nytimes.com/2026/04/01/o...

If you want a signed book a week early, head to @politicsprose.bsky.social!

Trump at oral argument when he sees a liberal Jewish woman, a liberal Black woman, and a liberal Latina.

What’s left of American constitutionalism if Trump gets away with the birthright citizenship EO?

You’ve got Whittington, a conservative who did more than any single person to define the contours of modern originalism, saying this about Wurman’s work. Huh?

Sorry, but Epstein predicted that 500 people would die from COVID. Then, when deaths exceeded that prediction by orders of magnitude, he amended the initial article, claiming he *ackshually* meant to predict 5,000 deaths. I’ll get my history (and other important information) elsewhere, thanks.

My copy of @unlawfulentries.bsky.social’s new book is coming tomorrow and we’re listening to Trump v. Barbara in conlaw tomorrow. How timely!

🔥🔥🔥

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.

BREAKING: The Supreme Court ruled against a law banning “conversion therapy” for LGBTQ+ kids in Colorado, one of about two dozen states that banned the discredited practice.

It’s called the American Dream because you have to be asleep to believe it. - George Carlin

Stopped at the used bookstore today. I… recognized… the spine immediately.

Teaching Rosenberg and the Hollow Hope in American Politics tomorrow.

Someone check on @cseguin03.bsky.social !!!!! WOW

OH MY GOD

Will need to find a special place for Thurgood.

Easter is the best holiday. Peeps, Cadbury eggs, and tons of carb and fat filled Polish food.

Are there people arguing that this is false?…

When someone says “I don’t like Trump but I like some of his policies.”

It’s stunning how bad these people are at governing.

Give me a good reason why Iran should engage in any conversation with this lunatic.

1/ It's not just that unilaterally paying TSA agents is illegal. It's that Trump has now repeatedly undermined the core of the congressional power of the purse. He's not spending money that has been appropriated by law (impoundments) and he's spending money that has not been appropriated.

Cubs can still go 161-1

NYT: “Heinrich Himmler Retires from SS with Harsh Words and Few Regrets”

Now that is a #polisciroadtrip 😮