This is a cousin of one of the most frequent and consequential errors in separation of powers conversations--emphatically including lawyers and law profs. It's not Congress vs the President. It's *the law* vs the President.
Milan Markovic
@profmarkovic.bsky.social
Canadian law professor based in the United States. I write about legal ethics, access to justice, and the future of law. My views are not those of my employers.
I'm teaching Race, Law and US Society, which is on this list and has been deemed "too narrow." Some readings: US Constitution, Federalist Papers, Notes on the State of Virginia, Cherokee Nation Cases, Scott v. Stanford, Brown v Board... so US legal history... too narrow? Or just too about race?
Chaos and authoritarianism at UT Austin. Faculty have just days to show how their courses meet vague requirements of breadth and foundationalism. Proposals will be reviewed by an unspecified entity. No guarantee at all that those who review the proposals have expertise in the field.
Will this jeopardize Bartiromo's position on NYU's Board of Trustees? Probably not.
nyu.edu
NEWS: Status is reporting Fox fired Maria Bartiromo after she leaked internal texts to the White House showing the network had told staff to stop amplifying Trump's latest election conspiracy theories.
The arguments against impeaching Trump next year are all bad and spurious, but they're even weaker as applied to all the other impeachable members of the Cabinet, etc. And impeaching Hegseth for literal murder should be top of the list.
I don’t think there’s really even a colorable argument that this isn’t mass murder. theintercept.com/2026/09/02/m...
If the administration is planning to disobey a court order, that is at least in part a product of what the Roberts Court has been communicating to the administration over the last year and a half: that the Supreme Court is the only court whose voice matters, and lower courts can be ignored.
You should all read the USPS whistleblower complaint, because it makes clear Trump intends to use the USPS to prevent us all from voting. It is as simple as that. www.hsgac.senate.gov/wp-content/u...
I don’t think there’s really even a colorable argument that this isn’t mass murder. theintercept.com/2026/09/02/m...
The U.S. Has Killed 227 Civilians in Boat Strikes During “A Year of Murders”
“The boat strikes are, perhaps, the most stark testament to the lawlessness of the Trump administration.”
theintercept.com
It's odd that AI has been normalized for legal research even though it is quite bad at legal research.
Any Democrat in a safe seat (ahem, @schiff.senate.gov) who is focusing on anything but how despicable this administration is needs to be primaried.
This is a picture of two women from the Vernon Cadet Training Centre, which holds summer programming for 12-18 year olds to develop skills on the way to adulthood. Unlike Secretary Hegseth, they do not deserve contempt or ridicule.
Even if Democrats sweep the midterms and the election in 2028, the diplomatic relationship between Canada and the US is damaged forever. There is no path to recovery from this kind of deep derision, bullying, and toxicity from one of the two main political parties in the US.
EISEN: Markets are wondering if we're in tit for tat trade war w/Canada BESSENT: I don't think you can be in a tit for tat with someone who's 13 times larger than you E: They say they're doing ok B: What else are they gonna say? What are they gonna do? Take their 2 submarines & sic them on us?
I just read a paper in my field that is forthcoming in a fancy law review that nominally incorporates peer review. It's obvious the author / journal did not run it by one legal ethics person. I considered emailing comments, but what it needs is a redo. We need to be thinking more and writing less.
I disagree. A big reason for bad scholarship is people who aren't thinking. I just saw a paper published in Very Fancy L Rev where there was a logical fallacy in the abstract! Maybe AI doesn't predict logical fallacies? Or maybe it recreates them.
Extraordinary, powerful and heart-wrenching. Active duty Marine Colonel Zach Schmidt, speaking in his personal capacity, about Khalil, an Afghan national whose family helped U.S. forces in Afghanistan. Khalil was deported by the U.S. on Friday to a conflict zone.
Jesus, Google Earth: Have some dignity. Two views just now:
Now with alt text! 23% drop in student visas to US in 2025 57% drop from India alone catastrophic for research and learning, here and abroad www.insidehighered.com/news/global/...
23% drop in student visas to US in 2025 57% drop from India alone catastrophic for research and learning, here and abroad www.insidehighered.com/news/global/...
“Canada Grants Asylum to Persecuted Iranian Christian that US Deported to Panama” is a very 2026 headline
Christian Convert Who Fled Iran and Was Deported By Trump Finds New Home
Artemis Ghasemzadeh, who had escaped religious persecution, was deported to Panama under Trump’s immigration crackdown. Now, Canada has given her asylum.
nytimes.com
Every day you read two headlines, one like "Trump orders U.S. Aircraft Carrier to get him Chik-fil-a" and one like "Hakeem Jeffries: We Must Be Very Cautious in the Way We Consider Speaking About Methods of Bringing About Incremental Change to U.S. Tax Code"
Even if you disagree with @jamellebouie.net on this point, meeting with Kushner specifically legitimates the President's personalist regime.
tl;dw: the job of the dem majority over the next two years, should it materialize, is to make life hell for the white house, not find points of cooperation
Texas and Florida have already stripped the ABA's accrediting authority while allowing graduates of ABA-accredited schools to sit for the bar. This is separate from the feds' recent actions against the org., which could impact student loans. The ABA is simply in no position to help in TX and FL.
i genuinely think that the way this admin is treating Canada will be looked back on as of the most shameful chapters of modern US history far too many people are laughing it off as unserious but the reality is that they’re spitting in the face of our closest ally for no reason
JD Vance: "Canada is a state -- sorry. Freudian slip."
No NBA fan can really be surprised by the career trajectories of Kanter and Royce White.
The America First Policy Institute — founded by members of Trump admin — seems to be closely collaborating with Enes Kanter Freedom, the anti-trans ex-NBA player who was tossed from the Chicago Sky game yesterday talkingpointsmemo.com/news/trump-a...
Possibly relevant to the law school admissions boom.
Who becomes a doctor, and does it matter? Cohorts entering the profession when outside options are weaker practice more financially motivated medicine, even decades later, from Diane E. Alexander and Molly Schnell www.nber.org/papers/w35631
Running against the administration's corruption and incompetence while breaking bread with . . . Jared Kushner. Fantastic work.
Love to wake up totally furious about politics
It's important to separate the ABA's role as accreditor for Dep't of Ed purposes from its role in bar licensure. Also, there are free-standing law schools!
The Trump Administration usually acts from bad motives, but that doesn’t mean it always has bad results. I don’t think the ABA should be accrediting law schools, and I’ll be very happy if our accreditation simply comes from our university’s accreditor.
Someone is monitoring Lutnick's recent investments, right?
"While the White House has been adamant officials are in lockstep, two people familiar with the talks said Lutnick felt the deal framework hammered out by Greer’s trade office was 'sprung on' his agency, despite involving a number of policy issues he oversees."
The notion that universities should be neutral between the political parties is laughable at this juncture.
This is the reported $100,000 fee on Optional Practical Training (OPT), which allows foreign students to remain for a couple years in post-graduate employment. The fee would devastate the program, making the US even less desirable as a destination for the world's best and brightest.
Standing is the likely issue here. Periodic reminder that Biden's entire student loan forgiveness plan was enjoined because of a single student loan servicer that did not sue in its own stead.
Supreme Court Chief Justice John Roberts is allowing the White House to continue construction on Trump's $400 million ballroom project for now
My co-authored article on re-regulating US law schools may require some tweaks. I have misgivings about ABA accreditation but what will come next will almost certainly be worse.
Trump Administration Moves To Kill ABA As Law School Accreditor On Same Day ABA Surrendering To Him https://abovethelaw.com/2026/08/trump-administration-moves-to-kill-aba-as-law-school-accreditor-on-same-day-aba-surrendering-to-him/
Apparently, some folks still want to do business in California. 👀 @wsj.com www.wsj.com/tech/ai/cali...