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New episode of Supreme Betrayal discusses workarounds & implications for const'l theory. A new current events episode drops Friday🤞. supreme-betrayal-how-the-supreme-court-and-constitutional.simplecast.com/episodes/sti... creators.spotify.com/pod/show/mar... podcasts.apple.com/us/podcast/s...

submitted 8 hours ago • 0 comments

1/ A long🧵: Q for gov't lawyer in Boasberg appeal: Ct rules for gov't, Millett dissents. Head of CBP is pissed at her. Her family's out of town. ICE agents go to her house late at night, grab her & send her to El Salvador. No one knows she's missing until next morning. What's her legal recourse?...

submitted 10 hours ago • 1 comment

Not that the question will actually arise but I personally wouldn't appear at Columbia on a panel or as an invited speaker except one discussing the university's going-forward status as a venue for academic inquiry.

submitted 4 days ago • 0 comments

1/ We shouldn't forget that one of the achievements of First Amendment law in the 1950s was the recognition that "mere" advocacy of unlawful action--including domestic terrorism--was constitutionally protected....

submitted 4 days ago • 1 comment

Both of the following propositions can be true: (1) Many of the attacks on Tesla dealerships fit standard definitions of domestic terrorism and (2) standard definitions of domestic terrorism are too broad.

submitted 4 days ago • 1 comment

Another interview about Who Am I to Judge?, with Apple Podcast and Spotify links: urldefense.proofpoint.com/v2/url?u=htt... urldefense.proofpoint.com/v2/url?u=htt...

submitted 4 days ago • 0 comments

Another interview discussing Who Am I to Judge? (not surprisingly, some overlap with prior interviews, but some new stuff as well): www.fairobserver.com/politics/fo-...

submitted 6 days ago • 0 comments

Legacy media treatment of Trump's autopen nonsense shows that they (we?) haven't figured out how to deal with the fact that the President of the United States is basically an old man in a dirty bathrobe & slippers wandering down the street muttering what space aliens are beaming into his head.

submitted 7 days ago • 0 comments

Too long for bluesky but perhaps of interest, some comparative reflections on Mahmoud Khalil's case (I particularly like the last line!): balkin.blogspot.com/2025/03/comp...

submitted 8 days ago • 0 comments

We "saw" Black Bag yesterday: plot unintelligible, visually very dark (thus the scare quotes), Pierce Brosnan still looking good, and how can one resist Cate Blanchett even in a ridiculous movie?

submitted 9 days ago • 0 comments

1/ In addition to the excellent points made here: balkin.blogspot.com/2025/03/a-ti..., there's what I think is a tricky question of whether anti-Semitism is even covered by Title VI's references to discrimination based on race or national origin but (deliberately) not including religion....

submitted 10 days ago • 2 comments

What's the over/under on how long it takes the ADL to respond to Trump's description of Senator Schumer as a Palestinian?

submitted 13 days ago • 1 comment

A video discussion of Who Am I toJudge?, running about 50 minutes: www.youtube.com/watch?v=g-3C...

submitted 13 days ago • 0 comments

The latest episode of Supreme Betrayal, at the link below & on Apple Podcasts and Spotify, lays out Mike Seidman's approach to thinking about the US Constitution & we discuss areas of overlap and disagreement: supreme-betrayal-how-the-supreme-court-and-constitutional.simplecast.com/episodes/the...

submitted 14 days ago • 0 comments

I'm interviewed in the Guardian about Who Am I to Judge: urldefense.proofpoint.com/v2/url?u=htt...

submitted 17 days ago • 1 comment

Yet another piece trying to publicize Who Am I to Judge? (If I were writing it today I'd add Emil Bove to the third grouping of potential nominees): urldefense.proofpoint.com/v2/url?u=htt...

submitted 19 days ago • 0 comments

An interview about my new book: urldefense.proofpoint.com/v2/url?u=htt...

submitted 20 days ago • 0 comments

I think it says something about the US, though I'm not sure exactly what, that had the events of the past two weeks occurred in quite a few other nations their citizens would be pondering the possibility of a military coup.

submitted 24 days ago • 0 comments

Not entirely in jest: Macron, Starmer, and Herz should meet to consider suspending the US from NATO--a "you can't fire me, I quit" moment.

submitted 25 days ago • 1 comment

Supreme Betrayal's latest episode: I begin to lay out my take on constitutional foundations, and Seidman has some critical comments that he'll expand on in a later episode: supreme-betrayal-how-the-supreme-court-and-constitutional.simplecast.com/episodes/why...

submitted 25 days ago • 1 comment

My op ed on Courts: Obi-Wan Kenobi or Speed Bumps? (against Trump): thehill.com/opinion/5163...

submitted 27 days ago • 0 comments

A discussion of Trump's attacks on the administrative state in a podcast with me, Stephen Skowronek and John Dearborn: scholarscircle.org/scholars-cir.... No comment on what I said but I found bracing Skowronek's insistence that Democrats are as committed to expansive presidential power as Trump is.

submitted 31 days ago • 0 comments

And the Spotify link, though because of my incompetence (I think) no one appears to be listening there: open.spotify.com/episode/5mSy...

submitted 32 days ago • 0 comments

AApple Podcasts link for latest Supreme Betrayal episode: podcasts.apple.com/us/podcast/t...

submitted 32 days ago • 0 comments

Latest episode of Supreme Betrayal discusses the Trump Administration One Month IN--Crisis, Revolution, What? supreme-betrayal-how-the-supreme-court-and-constitutional.simplecast.com/episodes/the.... More complete description if you don't want to click directly:...

submitted 32 days ago • 1 comment

1/ Fun? legal "fact": Under standard views the US could buy Greenland only if 2/3 of the Senate went along in a treaty. (I suspect Trump thinks he can just do it as he would an ordinary real estate deal: come up with terms both sides like, and sign off on it.)...

submitted 35 days ago • 1 comment

1/ Sorta surprised to find out that one of my enduring contributions to legal scholarship was the invention of the schmooze format for scholarly exchanges--the format's mentioned offhandedly in an article in the most recent Journal of Legal Education. For those unfamiliar, a schmooze is ...

submitted 36 days ago • 1 comment

After a really excellent brunch at Indian Accents in NY we saw Urinetown. Extremely clever & well-performed. We first saw it on 9/16/2001 which was a strange day: could still smell smoke & photos of the missing were all over midtown

submitted 38 days ago • 0 comments

From my reading list: really interesting, really well written, and really long and heavy in its physical incarnation (3.7 lbs pb). I’m sure I got it as an honorarium in the years before ebooks.

submitted 40 days ago • 1 comment