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josephwmead.bsky.social
Special Litigation Counsel @ Georgetown Law's Institute for Constitutional Advocacy and Protection (ICAP). Views are my own, and are subject to change.
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“What is common knowledge in your field, but shocks outsiders?“ Nothing, everybody knows everything about the Constitution, ask anybody

BREAKING: The American Bar Association has sued the Trump administration on behalf of its members to put an end to Donald Trump's law firm intimidation project, calling Trump's efforts "unprecedented and uniquely dangerous to the rule of law." storage.courtlistener.com/recap/gov.us...

I know her!

When you normalize political violence by pardoning Jan 6 attackers, can we be surprised when people target public officials? This is not how we resolve our disputes in America. www.nbcnews.com/news/amp-vid...

Why, back in my day, TROs weren't even immediately appealable!

I totally agree. What's the legal authority for an administrative stay, issued without considering the equitable factors?

Law enforcement has more tools than ever to track your movements and access your communications. Here’s how to protect your privacy if you plan to protest. www.wired.com/story/how-to...

Will be interesting to see how other Senators respond. I mean, no one has more to lose long-term from a "it's cool to assault a senator now" precedent than Ted Cruz.

Today on behalf of ourselves and several partners, we submitted a proposal to amend the District of Maryland's Local Rules to allow for remote public access to live audio of court proceedings in civil cases, as is allowed in other federal districts and as is recommended by the Judicial Conference.

“accustomed to remaining free”

The way we describe events affects how our audience processes them. Thinking of disparity between the Walker v City of Birmingham majority opinion’s statement of the facts and Justice Brennan’s dissent. Majority: “Violence occurred. Members of the crowd threw rocks that injured a newspaperman” 1/

I’ve read too much science fiction too many dystopian novels and too many poems on civil rights to be quiet…

"You deplore the demonstrations that are presently taking place in Birmingham. But I am sorry that your statement did not express a similar concern for the conditions that brought the demonstrations into being."

Not one single person looks around and thinks "oh we should look to Governor Newsom for leadership!"

I was off social media for a few yrs, but decided that it's time to come back after last night. I'm an asst. prof. at Uni of Houston Law Center and before that was an attorney at DoD OGC, where my portfolio included domestic military deployments. This continues to be a core part of my research.

NEW piece by the @brennancenter.org's @milov-cordobam.bsky.social and Robert Hogan about a bad provision in the pending reconciliation bill. www.brennancenter.org/our-work/ana...

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither

Re-reading Justice Robert H. Jackson's famous speech on the dangerous discretion of federal prosecutors in light of the dubious indictment of Kilmar Abrego Garcia. This section stood out. www.roberthjackson.org/speech-and-w...

The government's conduct to date does not suggest they think they have strong evidence against Kilmar. #abregogarcia

🚨 After months of defiance of court orders (and the Supreme Court) and claims under oath from cabinet level officials that they would never bring him back, the Trump admin blinks; Kilmar Abrego Garcia is being brought back to the U.S., where he can finally get some due process.

Big: #AbregoGarcia on way back to US to face criminal charges Key: 1. Right remedy for illegally transferring him to El Salvador 2. Demonstrates USG can do this for others sent to CECOT. Even stronger case for Venezuelan nationals! 3. Do not jump to conclusions, either way, on criminal charges

And it will take generations to rebuild these institutions.

One judge’s assessment of the state of the U.S. Department of Justice: “Trust that had been earned over generations has been lost in weeks.”

we can't afford to house you or feed you but we can afford a special police robot to yell at you from the sky

In this post I build on my @cato.org colleague Alex Nowrasteh's excellent analysis of Trump's massively cruel new travel ban. I also tentatively raise possibility of challenging it using nondelegation doctrine (bolstered by recent wins against Trump tariffs): reason.com/volokh/2025/...

Looks like the lawsuits against DOGE are getting an important new declarant.

Apparently, no one got it. Guess they haven’t read it—just like @ksvesq.bsky.social. (📷: @musicadamt.bsky.social)

/1 Just realized that my latest article with @yalelawjournal.bsky.social just dropped! This is obviously a huge honor. I really appreciate the editors taking a chance on a young, no-name scholar with an idiosyncratic story to tell. www.yalelawjournal.org/article/resu...

The true villains are the authoritarians who ran over the constitution to carry out plainly unlawful attacks on lawyers and the rule of law. But their accomplices in the law firms that cave are an embarrassment to the profession. I wouldn't ever hire one of those firms. www.wsj.com/us-news/law/...

Turns out that many clients and employees don't want to work with firms that cower in the face of authoritarianism. Gift link. www.wsj.com/us-news/law/...

I blew through my annual allotment of exclamation points months ago. I'm an enthusiastic emailer, which compensates for being a miserable meeting-attender.

JUST IN: Harvard sues the Trump administration, saying it has made 7,000 foreign students pawns in an unconstitutional bid to bludgeon the university over its First Amendment-protected viewpoints. storage.courtlistener.com/recap/gov.us...

In addition to the constitutional problems from interfering with Art III courts' contempt authority generally, is there any plausible argument that Congress can *retroactively* drain already issued injunctions of any effect? www.justsecurity.org/113529/terri...

I want to put in a plug for @scholars.org, both for academics and for journalists. Academics: your research may have more implications than you think! They'll help you message it. Journalists: you don't need to ALWAYS talk to the same 4 law profs. There are experts who have studied your issue!

My new @lawfaremedia.org article "Trump's 'Emergencies' Are Pretexts for Undermining the Constitution." Why these claims to emergency powers are illegal and dangerous, why they are worse than previous abuses of emergency powers, and how to stop them: www.lawfaremedia.org/article/trum...

I can't get over what a privilege it is to work with the people I do, doing the work that we do.

We are in the Supreme Court tomorrow defending the preliminary injunction we obtained against the President's unlawful executive order on Birthright Citizenship.

Completely. Unacceptable. A stain on the profession.

Law firm managing partners abandoning pro bono clients because they are scared of the president should be ashamed to show their faces in public ballsandstrikes.org/legal-cultur...