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Blake Emerson

@blakeprof.bsky.social

Professor of Law, UCLA School of Law. Administrative law, political theory. Author: The Public’s Law. Personal views only. https://law.ucla.edu/faculty/faculty-profiles/blake-emerson

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Blake Emerson@blakeprof.bsky.social · 18h ago

The untold (and obviously, most important) story here is that many classic parkland golf courses have been on a craze lately of cutting down their trees and pretending to be Scottish links courses, which is both gauche and un-American, send skeet.

Chris Geidner@chrisgeidner.bsky.social · 2d ago

BREAKING: Trump administration cut down more than 500 trees on Saturday at the East Potomac Golf Course after giving less than a full-day notice, with more tree-cutting planned, so plaintiffs challenging the effort went to court seeking a TRO tonight. storage.courtlistener.com/recap/gov.us...

EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER OR, ALTERNATIVELY, FOR A 14-DAY STAY UNDER SECTION 705 OF THE ADMINISTRATIVE PROCEDURE ACT Plaintiffs hereby move the Court to enter a 14-day temporary restraining order under Rule 65(b) of the Federal Rules of Civil Procedure or, alternatively, for a 14-day stay under 5 U.S.C. § 705. Despite the Court's admonitions not to "get to a point where someone is telling me, from the government, that it's too late, too many things have happened and now we are, like, moving Case 1:26-cv-00477-ACR Document 76 Filed 10/11/26 Page 2 of 4 forward and we can't, you know, stop the trains," Status Conf. Tr. ("Apr. 13 Tr.") at 18:15-19:10, Apr. 13, 2026, Defendants have begun irreversible damage to East Potomac Golf Course. At 4:55 p.m. on Friday preceding the holiday weekend, Defendants announced their intent to begin-barely 12 hours later—a massive operation to clear 529 trees at East Potomac Golf Course. Decl. of Dr. Kevin Griess, Superintendent of National Mall and Memorial Parks, National Park Service 920, ECF 74-1. Although they initially represented that their work would proceed in stages, Defendants in fact took down 529 trees on Saturday alone and have confirmed to Plaintiffs that they intend to take down hundreds more. Defendants' surprise tree-razing operation constitutes classic National Environmental Policy Act segmentation: undertaking elements of a larger project piecemeal and insisting that they are independent and therefore need not be evaluated in a single NEPA review of the entire project. Defendants cannot circumvent their NEPA obligations in this manner. Delaware Riverkeeper Network v. F.E.R.C., 753 F.3d 1304, 1313 (D.C. Cir. 2014).
Blake Emerson@blakeprof.bsky.social · 3d ago

It’s striking that the GOP has a massive cash advantage even when Trump is currently causing lasting harm to the US and global economy. What does that say about the interests of capital?

I Scare You Like Sound Dog@chadstanton.blacksky.app · 4d ago

“Although she knew intellectually that it wasn’t about her, one refrain kept going through her head: “I didn’t deserve this. Why did this happen to me?”

A 'Gut Punch': Black Women Fired by DOGE Work to Overcome Shame and Self-Blame

This story is a collaboration between MindSite News, Capital B, The 19th, and The Nation, and was edited by MindSite News. Photographs by Kuwilileni Hauwanga When Sharon Davis opened her email at 5 a....

capitalbnews.org

Blake Emerson@blakeprof.bsky.social · 6d ago

It remains a problem (as it was after 10/7 in 2023) that some fringe parts of the pro-Palestinian camp are incapable of recognizing, or hostile to, grief and mourning for the death of Israeli civilians.

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Christine Kexel Chabot@kexelchabot.bsky.social · 2w ago

Since when is it anti-democratic for a President to abide by the terms of a federal statute? @leahlitman.bsky.social @profmmurray.bsky.social @kateshaw.bsky.social have an important new paper highlighting slippery slope problems presented by the strong form of UET: papers.ssrn.com/sol3/papers....

Is the Unitary Executive Democratic or Autocratic Governance?

This essay examines whether the unitary executive theory provides for democratic or autocratic governance. It argues that the unitary executive theory's underly

papers.ssrn.com

Blake Emerson@blakeprof.bsky.social · 2w ago

One of the key takeaways from Bill Gates’ interview with Ezra Klein is that Bill Gates has a really irritating personality. Also, AI may kill hundreds of millions of people, but that’s old news.

Ben Eidelson@beidelson.bsky.social · 2w ago

1/ The U.S. Commission on Civil Rights just released its report on campus antisemitism and Title VI. I testified at the hearing. The report is unanimous, bipartisan, & debunks the main legal theories behind recent attacks on universities for allegedly tolerating antisemitism. 🧵

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Blake Emerson@blakeprof.bsky.social · 2w ago

Check out David’s fabulous essay in our forthcoming volume, Building Democratic Capacity: Essays on Administrative Law’s Futures.

David Froomkin@dfroomkin.bsky.social · 2w ago

"Beyond Neoliberal Administration," my forthcoming chapter in Building Democratic Capacity (Cambridge University Press, edited by @blakeprof.bsky.social, @joshuamacey.bsky.social, @ksabeelrahman.bsky.social, and Bijal Shah, forthcoming 2027), is now posted to SSRN. papers.ssrn.com/abstract=752...

Abstract: Recent developments in administrative law limit Congress’s ability to confer regulatory discretion on its administrative agents. Commentators have tended to view these developments as undermining progressive social policy, which has operated throughout the twenty-first century primarily through the administrative state. But Congress can respond by avoiding reliance on regulatory discretion in the first place. The new judicial doctrine does not constrain the use or acquisition of public resources. Thus, Congress has incentives to rely on a different set of tools: Pigouvian instruments (taxes and subsidies), redistribution, public infrastructure, and social control of investment. Despite recent progressive coding of regulatory bureaucracy, this alternative toolkit might well result in more egalitarian consequences. In many ways, the regulatory state was the instrument of a neoliberal mode of governance that offloaded ownership and control of resources onto private parties. The ultimate victim of the Roberts Court’s war on the regulatory state might be neoliberalism.