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sammerchant.bsky.social
Law Prof, Con Law, Crim Pro, Sentencing, Habeas OU Law VAP (2023-2025) Minnesota Law (2025+)
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Reminder that after the original SC OK decision, Christian nationalists successfully unseated on state Justice and replaced her with a favorable Justice (Jett replaced Kauger). Religious schools will try this kind of charter school again, and will win. SCOTUS, with Barrett, will affirm. 🔮

submitted 3 days ago • 0 comments

I agree with the Trump Administration that sometimes superimposing text on an image can add helpful context. Adding just a few words here makes for a very accurate summary of the SCOTUS decision today.

submitted 9 days ago • 0 comments

We are, apparently demonstrably, post-truth.

submitted 15 days ago • 0 comments

One of Scalia's most fiery opinions was in Hamdi v. Rumsfeld, essentially screaming that (1) only Congress can suspend habeas (it's in Art. I), and (2) Congress didn't do so, so the detentions were unlawful.

submitted 16 days ago • 0 comments

Sam Merchant posts a "Summary of the U.S. Sentencing Commission’s 2025 Guideline Amendments." He includes a wonderful summary table and more detailed commentary. lawprofessors.typepad.com/crimprof_blo...

submitted 22 days ago • 0 comments

The U.S. Sentencing Commission's 2025 Amendments to the Federal Sentencing Guidelines span 682 pages. I provide a summary here for law profs and practitioners. Most of these changes decrease the severity of the Guidelines and give judges more discretion. lawprofessors.typepad.com/crimprof_blo...

submitted 23 days ago • 1 comment

Maybe I haven't followed this closely enough: I thought that the Admin's argument was that these "represent" MS-13, not that Garcia literally has the letters and numbers tattooed on his hands? If this whole thing is based on such an obvious mistake (easily provable), this just got so much worse.

submitted 25 days ago • 1 comment

Several rural politicians are rightfully worried because with an increase in private schools, it’s less money for public schools (actually the whole point of these efforts). But in rural areas, that means no public options left, the only option will be religious schools.

submitted 25 days ago • 3 comments

OK is my home state. One thing in the background is that many private religious schools are struggling financially and need this govt lifeline or they can’t survive.

submitted 25 days ago • 2 comments

Excited to join amazing panelists this Friday for the Villanova University Charles Widger School of Law Criminal Sentencing Colloquium. www1.villanova.edu/university/l...

submitted 32 days ago • 0 comments