Andrew Siegel

@amsprof.bsky.social

Constitutional Law Professor and recovering Vice Dean at Seattle University School of Law. New to these environs.

Help me understand. Even leaving aside everything else wrong with this argument, wouldn’t a group of people leaving societies generally “unfit for liberal democracy” to come to countries known for their commitment to liberal democracy be affirmatively selected for affinity for liberal democracy?

Anthony Michael Kreis@anthonymkreis.bsky.social · 3w ago

Wurman: The English didn’t *demand* assimilation in 1215 but *needed* it for 800 years for liberalism to work. Then, responding to @jdmortenson.bsky.social, Ilan goes ethnonationalist, talking about “importing millions of people [babies]” who are unfit for liberal democracy. How’s that better?

Three true things: 1)There are six partisan Republicans on the Supreme Court; 2)some of them are more overtly MAGA than others; 3)the partisan makeup of the Court is historically disconnected from election results as the Dems won the popular vote 7 out of 8 times while the Reps built a ct majority.

Josh Chafetz@joshchafetz.bsky.social · last mo.

The discourse around the Supreme Court term would be much improved, I think, if people focused on the center of the Court as being very much part of the GOP coalition, rather than focusing entirely on whether it is or is not doing Trump’s bidding specifically.

Something that is consistently missed: Public opposition to FDR’s court-packing plan was galvanized by fear that he was in danger of becoming a dictator. In contrast, current support for adding Justices to the Court is motivated by a desire to prevent a right-wing dictator. Valences have flipped.

David Darmofal@daviddarmofal.bsky.social · 3mo ago

Republicans, like the activist academic Robert P. George, are in full-on freakout mode over @kamalaharris.com's call to reconsider the number of SCOTUS justices, which is set by law, not the Constitution. They're freaking out bc they know they use their Republican SCOTUS to legislate from the bench.

Henry Friendly’s greatest flaw was that he had no qualms treating the products of his judicial imagination as if they were apolitical. William Rehnquist’s greatest flaw was that he was a segregationist. They were John Roberts’ mentors. You do the math.

Barred and Boujee aka Madiba Dennie@audrelawdamercy.blacksky.app · 3mo ago

John Roberts is a wildly successful partisan operative in part because he convinced people he's not a partisan operative nothing to see here, folks, just a normal judge doing normal judge things, no court reform necessary ballsandstrikes.org/scotus/john-...

I have spent my entire career listening to FedSoc types complain about liberal “activist judges” who “legislate from the bench,” and none of them are going to say a single blessed thing about Sam Alito rewriting the Voting Rights Act to say what he thinks Congress ought to have said

Six Conservative Activists Killed the Voting Rights Act

The Supreme Court's conservatives have spent their careers working to kill the Voting Rights Act. They just did it.

ballsandstrikes.org

There are different kinds of Supreme Court dissents with different objectives: cataloging errors, demonstrating an alternative path, laying bare hidden motives, explainig the stakes, calling the public to battle. Justice Kagan just set a new benchmark for hitting all the bases in one opinion.

Steve Vladeck@stevevladeck.bsky.social · 3mo ago

"I dissent because Congress elected otherwise. I dissent because the Court betrays its duty to faithfully implement the great statute Congress wrote. I dissent because the Court’s decision will set back the foundational right Congress granted of racial equality in electoral opportunity. I dissent."

It’s genuinely a challenge for legal journalists to cover the birthright citizenship case, because one side’s argument is “the Fourteenth’s Amendment intent and text and a century of uninterrupted Supreme Court precedent all support birthright citizenship,” and the other side’s argument is “nuh-UH”

I co-sign all the procedural, jurisdictional, and hypocrisy points, but the most galling thing in these opinions is the way Alito and crew justify it all by dressing themselves up as civil rights crusaders while running roughshod over the rights and dignity of minorities and trans youth.

Steve Vladeck@stevevladeck.bsky.social · 5mo ago

As I explain via the latest “One First,” the only theme that unites the Supreme Court’s (unrelated) grants of emergency relief Monday night in the California transgender student and New York redistricting cases is what might be called “selective judicial impatience.” And that’s *not* a good thing:

The idea that the federal government through its military brought its coercive weight down upon a famously independent private association because the President and the Secretary of Defense didn’t like its values is one of the most totalitarian things I have heard in awhile.

Chris Geidner@chrisgeidner.bsky.social · 5mo ago

The apparent Scouting move announced by Pete Hegseth today is more unacceptable capitulation. It is a truly embarrassing move by the Scouts in particular. The Scouts capitulating to a lawless murderer is the opposite of the lessons I learned during my time in Scouts.

This has been one of my biggest worries for awhile. Given their propensity to lie about basic facts and the courts’ invention of absurd deference, immunity, and remedial doctrines, it is not clear we could stop a cynical illegal push to indiscriminately deport citizens.

FT@fucktheory.bsky.social · 8mo ago

The US government has deported a US citizen with a Maryland birth certificate they claim is fake. This goes way beyond even denaturalizing an immigrant citizen. This person was born here.

Brilliant? Sure. Kind? More than you will ever know. But what made him special was the quiet confidence that motivated him to stand up against cheats, bullies, and bigots who threatened fairness, justice, and the rule of law. I hope his spirit lives on among his many Article III admirers.

Marin K. Levy@marinklevy.bsky.social · 8mo ago

Oh what a special one this is . . . Fifty years ago today — Dec. 19, 1975 — the great John Paul Stevens joined the Supreme Court of the United States. ❤️

The core arguments around many of the right’s pet theories are not serious but instead of dismissing them as such we relied on logical argument and voting to defeat them. The latter didn’t work, as consistent popular vote victories didn’t flip the court, and the former only legitimized them.

Mark Joseph Stern@mjsdc.bsky.social · 8mo ago

The conviction that a "unitary executive" guarantees "democratic accountability" is more like a civic religion or folkloric superstition than a constitutional theory. Federalist Society true-believers drill it into their acolytes and teach them never to question it, but it's fundamentally nonsense.

Another amazing and important essay from fabulous scholars. I still lament a world where we are focused on these questions. If the text and structure of the constitution allow for this crucial category with this historical evidence, they should also allow for it without.

Post nicht verfügbar.

This is not an exaggeration. This is one of the five most consistent and important themes in American history, arguably number one. Every journalist or commentator who covers these comments but doesn’t call out this hypocritical bigotry is complicit.

James Fallows@jfallows.bsky.social · 8mo ago

Insulting to have to point this out, but if you have spent even 30 minutes reading US history, you realize that every decade has been dominated by racist hysteria that the "new" people won't ever fit in. This exact prejudice would have been applied to Miller's forebears, when they fled pogroms.