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dfroomkin.bsky.social
Assistant professor, University of Houston Law Center. I write about democracy and the separation of powers. ssrn.com/author=3062912
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I just followed @govpritzker.illinois.gov. He is one of very few Democratic officeholders who seems to have a clear understanding of the moment we are in. I hope other Democrats will listen to him.

It’s elementary. If only one side is pushing it will get a lot of its way. The only workable remedial action is to make clear to all relevant parties that there are two sides pushing. And act accordingly.

There is no true answer, it just depends on your politics. (This is from Politico.)

Happy tax day, here's a political compass

Do young men realize how much the Republican Party hates them?

3 facts that should drive the news: 1) DOGE has committed, rather than found, fraud. 2) A bunch of antisemites are using a claim to police antisemitism to take over universities. 3) In spite of claims they're cracking down on China, Trump's FP & financial policies have vastly helped China.

This is the practical application of AI. And who would have guessed: a shitshow

It’s hard to think of anything he’s done in his second term that’s *not* impeachable.

The end goal or these authoritarians is starting to look totalitarian. This will fail so long as there is enough fight in civil society. And this is why capitulation by universities like Columbia and by big establishment law firms must be roundly condemned. And remembered.

It is very bad that one of our two parties has so fully collapsed into far right authoritarianism that it no longer cares about basic governance, & all of our other societal institutions, especially the media, should stop pretending otherwise.

90 percent. They sent innocent people to a gulag so Trump could look like a tough guy. www.bloomberg.com/news/article...

In a way the tone is almost as frightening as the substance. The dissent writes like it understands the stakes, and what kind of regime we're on the precipice of becoming. The majority writes like it's hearing a case about whether rollerblades can be taxed as vehicles.

Judicial gaslighting, from the very first sentence of today's egregious opinion: "This matter concerns the detention and removal of Venezuelan nationals believed to be members of Tren de Aragua ..." Believed by whom? The proposition is not true. Hard to believe even the administration "believed" it.

If you don’t think that at some point he’s going to show more interest in the 5,044 nuclear weapons he controls, you’re as deluded as the people who thought he’d never tank the stock market and the economy.

Organizers were predicting 250,000. This is a groundswell.

Chicago #handsoff

I do think it's quite entertaining to watch Dem electeds realize that it's actually quite fun to be mad at an unpopular government, and that everyone will like it when they say bad words

I asked the one high ranking policeman I saw on 5th Ave why there were so few police. He said “We did not expect anything like this. Don’t tell anyone but I’ve only got 44 officers out here — and it’s a great crowd, great event, no incidents.”

Really apparent something massive is going to give in this country and I do not think anyone is ready for it.

Upon learning that your own mistake sent an innocent father to a brutal prison where he’s likely to be tortured, anyone with a shred of decency would be overcome with shame and fight like hell to get him back. They think it’s funny. www.rollingstone.com/politics/pol...

I shared my thoughts on the current threat to the academy with my administrative law class last week. I thought I should shared them more widely here. We can't remain silent on the current threats.

Applying nondelegation to IEEPA makes total sense doctrinally. It's almost an ideal case. Sense alas doesn't drive some high politics cases. Some members of this Court will look at it and say "foreign affairs" and "emergencies" and come out with an exception or hand waving about political questions.

hello US editors - this is your job done right

Retweeting this for no particular reason whatsoever

Damn, that's a fantastic video for a campaign launch.

This was a choice. Fine won by 8 pts in the district Mike Waltz won by 30 pts just 5 months ago. That the NYT frames it as “easily won” is a leading reason we are where we are. Headlines matter. Framing matters.

Cory Booker asks, "Where does the Constitution live: on paper or in our hearts?"

Booker: "I confess that I have been imperfect. I confess that I've been inadequate to the moment. I've confess that the Democratic Party has made terrible mistakes that gave a lane to this demagogue. I confess we all must look in the mirror and say 'we will do better.'"

In less interesting times, we would have led with the unimportant but entertaining fact that the conventional presidential numbering is significantly off. John Tyler, Millard Fillmore, Andrew Johnson, and Chester A. Arthur were never President. Full analysis here: papers.ssrn.com/abstract=508....

Yesterday I said that the 22nd Amendment's text does not contain a loophole allowing someone to serve a third term as President. Some people replied that the text's clear meaning is empty if people won't enforce it. That is a vital concern. If the Constitution is not enforced, its text withers.

Trump Says He Won’t Rule Out Third Reich

www.hnn.us/article/the-...

Abbott’s failure to call a special election is undemocratic and illegal. Someone needs to sue. The New York Times is blatantly wrong here. The U.S. Constitution—which some believe has legal force—requires governors to call special elections to fill House vacancies in Article I, Section 2, Clause 4.