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segalmr.bsky.social
Civil Rights | State Courts | Personal Views | Not Legal Advice | https://law.yale.edu/matthew-r-segal
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hashtag comity

For example, acceptable responses might include "Defendend an unconstitutional executive order," or "Fired people for no reason."

To people saying "you fire JAGs if you plan to issue unlawful orders".... Yes, but I wouldn't sleep on the possibility (likelihood?) that Trump/Hegseth have *already* issued unlawful orders that the JAGs advised the services not to implement--thus the firings. If that happened, how would we know?

“Failure to respond will be deemed” resignation? By Whom??????????????????????????????????????????????????

Usually when states go to court alleging federal coercion in violation of the 10th Amendment there is not a literal video of the President doing it.

Just so we’re clear: There is no serious case against birthright citizenship. The EO is unjust and unconstitutional. Those who claim otherwise are wrong, and law professors who are doing so are behaving irresponsibly.

This is a pretty extraordinary filing by the gov't in the USAID foreign assistance case. Long story short, in spite of the court's grant of a TRO last week, the USG is still freezing and canceling foreign assistance. www.courtlistener.com/docket/69627...

Obviously plaintiffs will file documents quoting Trump's concession. But ideally they shouldn't have to; the DOJ should correct the record.

I'm no expert but it seems to me that the best way to neutralize this is to go public with it, and even better to do so as a group. Also, doing so would transform you from complicit coward to courageous constitutionalist.

Wow: City of Clarksdale, Mississippi got a court order yesterday directing a newspaper to delete an editorial criticizing city officials -- without a hearing. Here's the TRO issuing the prior restraint:

Make Rule 11 Great Again

At this rate maybe all the presentence reports for federal criminal defendants should have a little section on whether the defendant has been helpful to Trump.

“The top federal prosecutor who supervised criminal cases at the Washington, D.C. U.S. Attorney's office resigned on Tuesday, citing what she described as an improper demand by officials appointed by President Donald Trump's administration to launch a criminal probe and pursue an asset freeze.”

As a result, she said, just three full-time employees remain in both the Yellowstone and Bozeman ranger districts to manage 19 rental cabins, 60 bathrooms, 21 campgrounds and other infrastructure spread across 1 million acres. www.bozemandailychronicle.com/townnews/wor...

Teaching the COVID eviction moratorium case tonight. Ah, the bygone days of 2021, when the courts amid a pandemic stopped the CDC from engaging in a novel use of a power that Congress granted in a broadly worded statute, because they feared the potential for executive abuse.

NEW non-clarifying clarifications about Elon Musk's employee status filed just now in a NM-led lawsuit: —Musk, as a presidential senior adviser, "has no actual or formal authority to make government decisions himself." He is also not DOGE's administrator. storage.courtlistener.com/recap/gov.us...

The DOJ shouldn't be able to play peekaboo like this. Put him on the stand. Let him say what government authority he has or doesn't have.

With Trump DOJ's notice that they are not defending Humphrey's Executor/agency independence, I wanted to reup my recent article "The New Substantive Due Process" - which suggested where SCOTUS's new freewheeling, liberty-based SOP doctrine might go next .... texaslawreview.org/wp-content/u...

Hard to shake the feeling that this is happening partly because the people making these decisions cannot fathom the existence of even 1 person — let alone 1000s — who just goes to work every day for the purpose of making other people's lives better.

“The thing that I can’t get over is that the actual richest man in the world directed my fucking firing. I make $50k a year and work to keep drinking water safe. The richest man in the world decided that was an expense too great for the American taxpayer.”

When DOJ officials abandon independence and say that the DOJ just follows the President's lead, this is what they're signing up for.

NYT op-ed: As legal scholars, we really think if you consider these quotes from Blackstone and Coke and this AG opinion and trace the English common law history, there's a colorable argument Trump isn't breaking the law. Trump, same day: I AM BOUND BY NO LAWS!

FWIW, for separation-of-powers reasons I think it's unlikely that a court would make the DOJ prosecute Adams against the DOJ's will. But if a court is concerned about the DOJ's behavior, there are other steps it can take. Calling witnesses, dismissing with prejudice, etc.

I suppose you can make a stronger case for shuttering federal agencies if you push out everyone who has integrity or does something important.

Termination notices going out this afternoon to more than 300 employees of the National Cancer Institute. Access likely ends today. Four weeks paid leave and that’s it. Strong power move for Team Cancer.

CDC source: “We just had word that all our fellows and post doc staff are laid off effective immediately. The famous Epidemic Intelligence Service, aka the Disease Detectives, is no more. That’s 1260 staff. They are calling this ‘Phase 1’.”

This may be the first time a judge asks a *prosecutor* if they’re acting knowingly and voluntarily

Will be interesting to see how the judiciary responds to a law firm engaging in a very public debate about whether to file a blatantly pretextual motion.

The lead prosecutor on the Adams investigation - Hagan Scotten - resigns from SDNY. “I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion [to dismiss Adams charges]. But it was never going to me.” www.nytimes.com/interactive/...

Noisy resignations for the win. I hope others are taking note: If you must go, don't go quietly.

Not exaggerating when I say that the path back is going to be built on people in positions of influence regaining their sense of self-respect. www.nytimes.com/live/2025/02...

someone needs to tell DOJ that in a public corruption case you're supposed to *prosecute* public corruption, not *do* public corruption

I'm not, like, a federalism scholar but I'm pretty sure it's hard to do federalism if the federal government takes actions implying that a state or local official's literal freedom hinges on whether they keep the federal government happy.

How dare these judges say that my actions violate laws I didn't read and didn't care whether I was violating.

it would be a good question and should be asked

I wonder if at some point a judge will ask a DOJ attorney: "Do you agree that DOGE could close your office and stop paying your salary right now, in the middle of this argument?"

Oh? Are nationwide injunctions a scourge on the rule of law? Well I have some terrible news about the years 2021 through 2024.

A basic problem arising under Trump 2.0 is that there's a limit to what remedies courts can order after the bull has already obliterated the china shop.

Breaking: Democratic attorneys general from 22 states filed a lawsuit on Monday challenging sharp cuts to grant funding for universities, medical centers and other research institutions that the Trump administration announced on Friday. www.reuters.com/legal/democr...

From independent @USAID sources, >800 contracts and awards are being terminated en masse – with the procurement team subject to hourly checks on speed of executing terminations. The pace has exceeded the ability to confirm whether lifesaving assistance or any Congressional mandate is affected.

This is not based on any “sanctuary” law” (there isn’t one in Minn.). It’s rather based on the fact that Minnesota police can’t generally arrest or detain people on non-criminal matters. Similar legal framework in Nevada and many other non-“sanctuary” states.

MINNESOTA AG: Minnesota law prohibits state and local law enforcement agencies from holding someone based on an immigration detainer if the person would otherwise be released from custody. www.ag.state.mn.us/Office/Opini...

New — CFPB employees received an ominous email from Russell Vought a few minutes ago. “Employees should stand down from performing any work task.” Full text: