It's an indication of constitutional and civic dysfunction that a change in chief magistrate should augur so much change, for good or ill.
Casey Mattox
@caseymattox.bsky.social
Constitution fan. Attorney. VP Legal Strategy, Stand Together. To everything there is a season. Especially Christmas music.
If you are concerned that Donald Trump is a fascist who is going to suspend the Constitution, I'm not sure there could be a stupider thing to do than to claim a Presidential power to "recognize" a 28th Amendment by tweet as you pack up the oval office and hand him the keys.
What if your political adversary is motivated by the things they say motivate them and not by some secret nefarious self-serving end you're struggling to connect the threads on? They can still be wrong on both the premise or proposed solutions. But it would change your engagement, no?
A bipartisan Congress should pass the REINS Act. It always should have been something both sides should support. That's even more obvious now. Congress should vote on and be accountable for major regulations. This should be uncontroversial. Hopefully Dems now see the wisdom in it.
One thing I firmly believe: green bean casserole is the best Thanksgiving side *because,* not despite, it’s made by slopping cans of stuff together. Efforts to class up the green bean casserole with fresh/organic ingredients are doomed to fail because the tastiness comes from the cans.
It's Jan 3. Sworn in for his first term in Congress, representing Florida's 1st District, is little known Matt Gaines.
This is amazing! 🤩 Some #adlaw nerds are popping champagne over Loper Bright, while many others feels like this (created for class by my colleague @dtdeacon.bsky.social) 👇 x.com/danieltdeaco...
All told, gerrymandering in 2024 Congressional elections appears to have benefitted Democrats more than Republicans.
As everyone here has been saying, this is not an echo chamber
The Supreme Court has relisted petitions calling for the overruling of Hill v. Colorado (re: abortion clinic protesting), involving private nondelegation doctrine and transgender sports.
State constitutions matter greatly, folks.
Leonore (Lee) Carpenter @leecarpenter.bsky.social · 2y agoGood morning, nerds. Have you awoken this morning thinking that what’s missing in your life is an article that calls out law schools for devaluing state con law? @elliemargolis.bsky.social and I are here for you. papers.ssrn.com/sol3/papers....
“We must take men as they are and not as we wish them to be.” - George Washington
I really hate this posture, which amounts to “Trump is a god-king” (from the left) bsky.app/profile/donm...
Don Moynihan@donmoyn.bsky.social · 2y agoGetting a lot of replies along the lines of "oh, you rube, you still think the law matters" and it feels strategically foolish to just concede that it doesn't. Contest everything. Expose the hypocrisy.
Federalism and the Court's decisions reducing the power of the executive branch in Loper Bright and Jarkesy looking better every day.
Yesterday at Fed Soc NLC @conlawwarrior.bsky.social debated Richard Epstein on whether states can constitutionally regulate the content moderation policies of social media companies. I think he won going away. www.youtube.com/live/rwoO7bZ...
Annual Rosenkranz Debate [NLC 2023]
Featuring:- Prof. Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law- Mr. Clark...
youtube.com
My newsletter this week focuses on free speech on campus in light of Oct 7. “The challenging part about defending free speech is that it means defending speech you hate. There has been a lot of that for me the last couple of weeks.” t.co/Y8DGOePbpg
Article I actually vests the legislative power - all of it - in Congress. Oh, you said outsiders. That actually shocks insiders.
Corey Rayburn Yung@coreyryung.bsky.social · 3y agoWhat is common knowledge in your field, but shocks outsiders? In some states, the right to an appointed attorney, "if you cannot afford" one, made famous by the Miranda warning, is not guaranteed for misdemeanor charges, even when the defendant ends up serving their sentence in prison or jail.
Free speech advocates have often argued that one reason that free speech should be protected, even for hateful speech, is because it's better to know who is the Nazi in the room than to suppress their speech and not know. The First Amendment is doing work right now.