Fighting for the independence of the judiciary matters. We know this is true, because Trump is trying to take it away. open.substack.com/pub/joycevan...

Nixon’s crimes look like harmless high school pranks compared to the now-daily unprecedented illegal & unconstitutional crimes being committed daily by this president & his staff

Whatever you think of the propriety of their decision to talk to the NYT, the fact that federal judges did so — reportedly more than three dozen! — means they are pulling the proverbial fire alarm.

For judges even to be talking to NYT, even anonymously, is a huge break in norms that signals a crisis in the judiciary.

I'm not pro-Hamas. I'm not 'antifa' (other than thinking fascism is in fact, bad). I dont hate America. I've spent my career supporting the U.S. military. But I'll be out on the 18th, because I support our Constitution, our freedoms, and the rule of law 🇺🇸

District court judges, appointed by presidents from Reagan to Biden (including Trump I), seem to understand the assignment more than most law firms. This is curious because the data shows that lawyers as a whole are more liberal on average than federal judges

Me the parent: “Wash your hands. Wash your hands. Wash your hands or I’ll—y’know what threetwoone I’m doing it for you” Me the lawyer: That’s hardly notice and an opportunity to cure

“Will OpenAI send police to your door if you advocate for AI regulation? Nathan Calvin, a lawyer who shapes policies surrounding the technology at Encode AI, claims OpenAI did just that.”

ICYMI: On Oct. 10, Judge Paula Xinis held an evidentiary hearing in Kilmar Abrego Garcia’s habeas corpus case to determine whether the government is unlawfully detaining him for punitive and political reasons. Read @rparloff.bsky.social's play-by-play of the hearing below

In the week ahead Judge Xinis may order well Abrego Garcia's release (triggering immediate emergency appeals). To see why, here's my live account for @lawfaremedia.org of Friday's remarkable evidentiary hearing—in either text form or original bsky thread. www.lawfaremedia.org/article/abre...

Seriously, Judges *do no do things like this* They don't give their opinion to the media They don't criticize how SCOTUS works This is them breaking the emergency glass, folks www.nytimes.com/2025/10/11/u...

Important piece by Prof. Kate Andrias. This is why treating SCOTUS as the only word on the Constitution gives away our power as citizens. As I frequently say “we are founders and framers” of the next iteration of democracy in this country. GIFT LINK www.nytimes.com/2025/10/10/o...

I know Trump and his minions all have sneering contempt for kids with special needs, but trust me when I say that their parents will absolutely fucking destroy anyone who messes with the special education supports to which they are entitled by law.

UNC ought to be very ashamed here, particularly b/c numerous courts have ruled that these federal guidelines are based on the President’s EO, which has been unconstitutionally vague under the First Amendment

A Kavanaugh stop, involving threats and detention

It's more of a slow burn relative to everything else going on, but the fact that federal law enforcement for everything other than the immigration thuggery has effectively stopped is going to have consequences.

“There is nothing an authoritarian fears more than peaceful, organized people power. Our organizing, rooted in our First Amendment constitutional rights, threatens this regime’s grip on power…Our answer is courage, solidarity, and nonviolent resistance. That’s our strength—and that’s how we’ll win.”

One judge compared their district’s current relationship with the Supreme Court to “a war zone.” Another said the courts were in the midst of a “judicial crisis.” www.nytimes.com/2025/10/11/u...

Fake AI videos mocking dead celebrities are going viral. We talked to their families, and they're horrified. We break down OpenAI's Sora 2 and the moral and legal problems of "synthetic resurrection." Gift link: wapo.st/4nNKzd3 w/ @tatumhunter.bsky.social

What Thiel is saying about tax havens = what Altman is saying about copyright: "I can't be rich unless you let me steal from you." This is how Broligarchs differ from oligarchs of yore: the latter tried to hide their thievery; the Broligarchs trumpet their entitlement to steal as a natural right.

ICYMI, this was yesterday's 🔥 news item among the law-type folks I know. See context at https://icymilaw.org/archive/2025-10-11.html#news (daily news digest). Article here 👇

That sound you hear is plaintiff lawyers popping champagne corks and DOJ lawyers groaning.

I have found Justice Kavanaugh’s “brief encounter.”

TL;DR: OpenAI will cease saving deleted ChatGPT conversations following a court ruling that overturned a prior order mandating the retention of these logs.

It’s Sam Altman: the man who stole the rights from copyright. If he’s the future, can we go backwards? | Marina Hyde

OMB head Russ Vought says RIFs have begun. In litigation challenging OMB's ability to RIF during a shutdown, OMB must provide more details by 3pm PT/ 6pm ET. storage.courtlistener.com/recap/gov.us...

A man gets a blowjob from a trans woman and his friends make fun of him so he goes to the police to claim she lied about being a woman. She was convicted of sexual assault and sentenced to nearly 2 years in prison because of a man's shame. www.bbc.com/news/article...

I was on one of @abovethelaw.com's podcasts talking about AI & the Law. Please listen to the whole thing before yelling at me. TL;DR: If you're on the AI Hype Train™, I'll try to derail you & talk about the dangers of "AI," but if you dismiss their benefits, I'll point out some pro-social uses.

Wrote about ship money, the English Civil War, and Donald Trump:

Whenever my students stress about the bar exam, I tell them to think about the dumbest lawyer they know, and to remember they passed. Here's another example to add to the list. (Beyond everything else, why the fuck would you do a hearing from your car??) www.abajournal.com/web/article/...

Marc Rowan says the "compact" will "protect free speech," but First Amendment scholars across the political spectrum are of one mind that the compact is flagrantly unconstitutional, and every major free speech org--from the ACLU to FIRE to PEN--agrees. www.nytimes.com/2025/10/10/o...

Like many originalist things, a jumbled mess of an essay. www.washingtonpost.com/opinions/202...

Step 1 of getting this obnoxious practice knocked down accomplished. First you have to complain to the National Archives and Records Administration. Then you can involve the courts if NARA doesn't do their job.

Trying to teach the Constitution in a Texas college classroom.

Uhh, what is this unconstitutional horseshit? "The constitution bill would also have the Quebec premier recommend who should be appointed the province's lieutenant-governor. ... The new legislation would also rename the lieutenant-governor the "officer of Quebec."" www.cbc.ca/news/canada/...

When I saw this headline, my first thought was, I'll bet dollars to donuts that this is Universal Health Services. And it is. UHS owns hundreds of for-profit behavioral health hospitals, most of which deliver substandard care, and many under DOJ investigation for fraud and patient abuse.

(1/2) The dismantling of FBI’s public corruption squad, restructuring of DOJ’s enforcement divisions, and exodus of senior career officials mark major shifts in the federal guardrails of accountability. www.justsecurity.org/117267/anti-...

Superb presentation by my @ucddublin.bsky.social @ucdschooloflaw.bsky.social colleague @profpech.bsky.social on the threats posed by democratic backsliding to the international rule of law

🚨Just 345 signatures from 75,000! Lets get it there 🙏 For too long, the UK press have bullied people, harassed grieving families, and destroyed lives, all to sell papers. It's time to hold them to account. You can support the campaign to change the law here👇 you.38degrees.org.uk/petitions/a-...

State D legislator who often votes with Republicans - and was endorsed by conservative groups in the D primary last year - is apparently a pedo www.wxii12.com/article/guil...

History will look at these masked cowards who agree to do the work of fascism as the neo Nazis they are. This is just ethnic cleansing masquerading as law enforcement.

One amazing trick the Trump administration has pulled off in political narratives (and in courts via unitary executive theory) is presenting any constraints on the executive to be anti-democratic. We are learning how critical those constraints actually are to protecting democracy.

Anywho, we cover a lot of ground, including how we turn legal cases into tabletop role playing games as prat of my AI & the Law course. lawrpg.org It was a fun conversation. You should give it a listen.

EDVA indicts NY AG Letitia James. I’ll discuss with Chris Hayes and Harry Litman on @MSNBC at 8 pm ET. www.nbcnews.com/politics/jus...

I can not walk into my pharmacy and, even with a prescription from a physician, legally purchase LSD. And as long as that is true, SORA 2 should be illegal.

If I’m being honest, with everything else going on right now in the courts and the news and the government in general, I completely forgot this was even happening,

My first public political commentary was a letter I wrote as a high school kid to the Ann Arbor News excoriating efforts by Reagan and a GOP congress to criminalize flag-burning. Amazing that 35 years after after Texas v. Johnson and United States v. Eichman, we're still dealing with this bullshit.

For your #FollowFriday consideration, a random list of folks whose posts my dev @davidcolarusso.com has found interesting: @thomaszimmer.bsky.social @profjpc.bsky.social @jonbecker.bsky.social @mjaum.bsky.social @profgabriele.com @pamelasamuelson.bsky.social @harrylitman.bsky.social

🇵🇱⚖️The new justice minister, Waldemar Żurek unveils a draft law to resolve the situation of "neo-judges". But if you look under the hood, there's very little "new" here, with only cosmetic changes compared to the draft presented by the previous MoJ Adam Bodnar. 1/

Glad to see this! Justice Secretary has said the government will not reintroduce tribunal fees, contrary to recent reports, noting that ‘Everyone, no matter their income, should be able to get access to justice to challenge unfair behaviour at work’ www.lawgazette.co.uk/news/lammy-r...