Profile avatar
drfreedom.bsky.social
Dr [of the philosophy of] freedom. Yes, it does sound like a Marvel villain. Do-er of philosophy & law (US & UK) | BA, LLB, AM, PhD | Research freedom & free expression | Republicanism/non-domination | Part-time Constitutional lawyer(?) | 🏳️‍🌈 | he/him
94 posts 134 followers 156 following
Regular Contributor
Active Commenter

Excellent (if depressing) piece by Kim Lane Scheppele on Trump's Constitutional Coup - following the contemporary populist autocratic playbook ettlo.r.sp1-brevo.net/mk/mr/sh/1t6...

Indeed. And just to be clear (bc I find the terminology slightly problematic): a 'counter-constitution', an 'alternative constitutional reality', is a series of orchestrated unconstitutional & unlawful actions which threaten the very existence of the constitutional order in place. It's a revolution

Do not go gentle into that fascism, Young and old should burn and rave at close of democracy; Rage, rage against the dying of the light. (With apologies to Dylan Thomas.)

This was just 233 days ago:

Get following the best initiative in legal philosophy in…er…ever!

The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s #Birthright Citizenship Executive Order by @adambcox.bsky.social, Pamela Karlan, @martylederman.bsky.social, @twmorrison.bsky.social, and Cristina Rodríguez www.justsecurity.org/108070/funda...

This story can't be repeated enough. The GOP is lined up behind the guy who is so incompetent that his quasi-gov't agency did this. They're confirming his highly questionable nominees & hurting the American people. And "accidentally"? It was stupidity, not accident. www.nbcnews.com/politics/dog...

That’s odd…. I don’t recall learning about this executive power in…. Any con law class, ever? 🥴

educators: we were made for this moment. undergraduate educators in particular: we know how to communicate complicated processes and their consequences in simple language. we can take heart from having a real vocation with a clear task and a clear, worthy set of values to guide us in this moment

For the non-American audience, this is called free speech. You censor, de-platform, and punish speech you do not like. And you call it anti-woke. And then it’s fine. *sarcasm font* (As an NYU alum I, too, am confused why he would choose to go there)

This. Especially the last bit.

I signed this letter alongside ~660 of my colleagues detailing the unlawful, troubling actions of the Trump administration's first days & expressing my concern as a political scientist. I will also be sending it to my reps. If you're in the field, you can still sign: drive.google.com/file/d/1lGk2...

When you’re wrong, just double down on it. Maybe then, suddenly, you’ll be right 🥴 ‘There’s an additional exception to the rule, not stated anywhere, you guys just aren’t getting it. Why aren’t you getting it!?’

Please tell me I’m not the only one who is witnessing all of these events and reading them as ‘How To Make a Failed State 101.’

The error is obvious: a politically motivated theory of social contract is not the basis for citizenship. We have to think babies can offer meaning consent to the social contract AND that it can be simultaneously coercively enforced without the consent of the formerly enslaved.

I suspect jurisprudence and contemporary pol theory have, in fact, theorized the value of RoL, indep institutions, and so on. Neo-republican phil, and adjacent, in particular. The problem instead seems to be the under-theorizing of how to extol those values in a disinformation digital world.

Unless I've missed something, the arguments here are still legally and historically unsound. We would have to think that the reasons given in precedent aren't actually precedential reasons. And we would have to simultaneously ignore the history of the doctrine all the way back to English common law.

Well, it's certainly *an* article that has been published. Though, as to the accuracy of its claims...

I, too, think that the best person for a job is the least qualified. That's why DEI is bad. Appointing RFK was the only sensible option for Health Sec. Health means anti-science and anti-vax. This is how we do good government! (Please everyone see the sarcasm font)

Judges enforcing the law, and upholding rule of law in the manner that they ordinarily do, is now a constitutional crisis. How dare they do the thing that they normally do!

I can think of little I would rather be doing in this dark moment than trying to educate people about constitutional law.