Mark Joseph Stern

@mjsdc.bsky.social

Senior writer at Slate covering courts and the law. Co-host of the Amicus podcast. Dad.

GOP ads right now are all about attacking trans people. Over, and over, and over. I was a gay teen in 2004 watching the Bush campaign try to win on attacking gay marriage, but the resort to this hate drive in campaign ads feels so dialed up now. I can’t imagine being an lgbt kid watching tv today.

My read is that there aren’t five votes to let Trump literally rig elections. Roberts and Barrett won’t greenlight overt election subversion or chaotic, illegal interference with voting. Kavanaugh and Gorsuch aren’t reliable but don’t love the chaos either. Thomas and Alito want to end democracy.

Gabriel Malor@gabrielmalor.bsky.social · last mo.

In upside-down world, Justice Alito blames "the plaintiff States and the courts" for causing the late timing of USPS' attempt to interfere in mail voting by suing to stop it. Unmentioned by Alito: USPS issued the rule in violation of an injunction. www.supremecourt.gov/opinions/25p...

Second, the plaintiff States and the courts bear a substantial share of the blame for the rule’s timing. In April, the plaintiff States sued to challenge the President’s internal directive to subordinates mandating a rulemaking. For months, this litigation cast a cloud over the Government’s ability to issue a final rule. The District Court entered several injunctions months later prohibiting the Government from undertaking that rulemaking.  Not only was the Government subject to months of premature litigation and a series of injunctions that this Court later determined were likely issued without jurisdiction, the Government had to wait nearly another full month for this Court to issue its decision so holding.  Indeed, this Court spent from late July to the end of August drafting nearly 40 pages of opinions, including two dissents, despite the Government’s public notice that it would not publish a final rule while subject to the injunctions, see 91 Fed. Reg. 44880, and its representation that it had a strong interest in issuing its rule in early- to mid-August to allow time to implement it.  The plaintiff States cannot claim the timing of the rule tilts the equities

NEWS: After Yaakov Roth defended many of the worst actions of the Trump administration over the past year and a half at DOJ, Jones Day took Roth back as a partner when he wanted to cash in on the friends he made when working to undermine the rule of law in America.

Yaakov Roth, former Principal Deputy Assistant Attorney General of DOJ Civil Division, rejoins Jones Day
August 31, 2026 Firm News

Programming note: I’m out on parental leave for a while! I may still post occasionally, but please don’t expect breaking SCOTUS news from me. Actually, if you see me reporting SCOTUS news, please shame me off of Bluesky and back to my parenting duties.

Likely en banc decisions from the 5th Circuit soon: 1. Trump can use the Alien Enemies Act to summarily deport Venezuelans 2. A $1.7 trillion bill enacted in 2022 is invalid in its entirety because of proxy voting 3. The whole federal statute barring criminals from owning guns is unconstitutional

For Slate's summer series By the People, I wrote about how D.C. v. Heller is both a paragon of popular constitutionalism and its own dark mirror. Progressives can learn real lessons from how it was won—if they ignore its bogus originalism and look at what really went down. slate.com/news-and-pol...

Conservatives Perfected the Ideal Legal Tactic. It’s Time for Liberals to Use It.

While Heller was built on phony history, it reflected a genuine, hard-fought shift in public understanding.

slate.com

The Trump administration sued Yale for its admissions policies (alleging too much diversity). Yale is negotiating with DOJ, whereas Harvard fought Trump. The former dean of Yale Law School thinks he knows the real reason why. slate.com/news-and-pol...

Harvard Fought Trump’s Abuses. Yale May Fold. I Think I Know Why.

Seeking to set a new course for the conservative movement, J.D. Vance in 2021 declared war on institutions of American higher education.

slate.com

Great news; yet another court finds that ICE and the DOJ were wrong to declare that Congress secretly mandated detention of millions of noncitizens in 1996 (specifically, anyone who entered unlawfully at some point in the past, no matter how long ago), and that no one had noticed until now.

Gabriel Malor@gabrielmalor.bsky.social · 3mo ago

9th Cir., 2-1, joins the 2d, 6th, 10th, and 11th Cirs. in holding that DHS cannot detain unadmitted noncitizens found living inside the United States without the possibility of bond while their removal proceedings are pending. Circuits split with 5th and 8th. cdn.ca9.uscourts.gov/datastore/op...

In this case, we conclude that § 1225(b)(2)(A), based on its text and context, is best construed as applying to aliens entering the United States at the border.  Section 1226, by contrast, is best understood as governing inadmissible and deportable aliens present in the interior of the United States.  While the relevant statutory provisions are not pellucidly clear, the text, context, and history of the INA are more supportive of the plaintiffs’ interpretation.

This NYT article is just awful. We should judge Fauci based on his work, not his innermost musings to a diary he never intended to become public. Who cares that he enjoyed the admiration of celebrities? There's zero evidence here that it interfered with his job! www.nytimes.com/2026/07/28/u...

The Doctor and His Diary: What Fauci’s Innermost Musings Reveal

Dr. Anthony S. Fauci seemed to be the life of the party, even in the midst of a deadly pandemic.

nytimes.com