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Jeff Dubner

@dubner.bsky.social

Public interest attorney. Formerly EEOC, Democracy Forward.

412 Posts310 Follower257 Folgt
Jeff Dubner@dubner.bsky.social · last mo.

I’d put it slightly differently. They already have a majority to suspend the Constitution, as shown by McMahon v. New York and some other shadow docket cases. But they don’t yet have a (consistent) majority to outright reject the Constitution.

Jeff Dubner@dubner.bsky.social · 3mo ago

Oh good, we’re doing Wiz With again That was the thing that first broke me about political media - Kerry and Bush both ordered the “wrong” type of cheesesteak, Bush lied about his order and made Kerry’s an attack line, and the media covered the attack instead of the lie or the hypocrisy. Maddening.

Adam Serwer@adamserwer.bsky.social · 3mo ago

1. Egg potato and cheese tacos are incredible 2. The evidence for it being a “debate” is that a Republican said something about it hoping an article like this would get written bsky.app/profile/anam...

Jeff Dubner@dubner.bsky.social · 3mo ago

These seem reasonable but not nearly sufficient Why not allow malicious prosecution and defamation suits against feds, with personal liability, and require SLAPP-like protections and DC venue to avoid the Wichita Falls problem? Why not authorize DC AG to prosecute all fed crimes by fed officials?

Greg Sargent@gregsargent.bsky.social · 3mo ago

This is exactly why we need DOJ reform to be *codified in law,* as I argued in this piece, and as Adam Schiff and others told me in interviews. The old post-Watergate norms-based approach is dead. newrepublic.com/article/2099...

Jeff Dubner@dubner.bsky.social · 4mo ago

Once while I was clerking, the judge put a mug down on my desk and then chastised himself for the water ring that formed. I said “oh, that’s alright,” and he said “it’s not our desk.” I get some of the same vibe from Judge Leon!

Chris Geidner@chrisgeidner.bsky.social · 4mo ago

BREAKING: Judge Leon finds Trump likely lacks the authority to build the ballroom, blocks Trump admin from building unless Congress actually gives that authority. "[N]o statute comes close to giving the President the authority he claims to have." storage.courtlistener.com/recap/gov.us...

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES, Plaintiff, Civil Case No. 25-4316 (RJL) V. NATIONAL PARK SERVICE, et al., Defendants. MEMORANDUM OPINION March 3l → 2026 [Dkt. #51] The President of the United States is the steward of the White House for future generations of First Families. He is not, however, the owner! President Trump ("the President") claims that Congress has given him authority in existing statutes to construct his East Wing ballroom project and to do it with private funds. The plaintiff, the National Trust for Historic Preservation in the United States ("National Trust", claims the President has no such authority under existing statutes and that a preliminary injunction is necessary to avoid irreparable harm. I have concluded that the National Trust is likely to succeed on the merits because no statute comes close to giving the President the authority he claims to have. As such, I must therefore GRANT the National Trust's Motion for a Preliminary Injunction, and the ballroom construction project must stop until Congress authorizes its completion.
Jeff Dubner@dubner.bsky.social · 4mo ago

Wonderful news out of Minnesota: the district court has granted a preliminary injunction prohibiting ICE from transferring people outside of Minnesota for 72 hours after detention, and requiring access to counsel at Whipple! apnews.com/article/minn...

Federal judge extends order requiring access to lawyers for Minnesota immigration detainees

A federal judge has extended her order requiring that federal authorities give immigrants detained in Minnesota access to attorneys immediately.

apnews.com

Chris Geidner@chrisgeidner.bsky.social · 4mo ago

BREAKING: Judge Brasel converts her TRO to a preliminary injunction in the access-to-counsel case about Whipple in Minnesota. storage.courtlistener.com/recap/gov.us...

In recent months, as part of "Operation Metro Surge," Immigration and Customs Enforcement arrested thousands of noncitizens without warning, brought them to a holding facility, flew them across the country, and pressured them to sign self- deportation documents-all without the opportunity to speak with an attorney. Attorneys were refused physical and phone access to their clients, and vice versa. Often, attorneys did not know when or where their clients were detained. Due process is not a game of keep-away. ICE recognizes detainees' right to access counsel in theory and written policy, but not in practice. Instead, it has placed obstacle after obstacle in front of detainees and their attorneys, blocking communication between clients and counsel.Plaintiffs have demonstrated that they are likely to prevail on the merits of their Fifth Amendment claim. Defendants' infringements on detainees' access to counsel fall into two buckets: (1) the effect of rapid out-of-state transfer and related practices; and (2) restrictions on access and communication at Whipple.
Chris Geidner@chrisgeidner.bsky.social · 6mo ago

BREAKING: Judge Nancy Brasel, a Trump appointee, has issued a TRO in the Minnesota access-to-counsel case about treatment at Whipple. "It appears that in planning for Operation Metro Surge, the government failed to plan for the constitutional rights of its civil detainees."

It appears that in planning for Operation Metro Surge, the government failed to plan for the constitutional rights of its civil detainees. The government suggests — with minimal explanation and even less evidence — that doing so would result in "chaos." The Constitution does not permit the government to arrest thousands of individuals and then disregard their constitutional rights because it would be too challenging to honor those rights. 14 At this preliminary stage, Plaintiffs have made a clear showing of likelihood of success on their Fifth Amendment claim.
Democracy Forward@democracyforward.org · 5mo ago

BREAKING: Court orders DHS to immediately STOP deploying tear gas, smoke grenades, pepper balls, & other toxic chemicals flooding Portland homes, finding residents face *irreparable* harm. This is a critical win for our clients, who've suffered from unconstitutional government violence for months.

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Anders@derzquist.net · 6mo ago

One of the best organizers I know in the Twin Cities has a great line, "We can't always take away the hurt, but we can take away the alone."

Jeff Dubner@dubner.bsky.social · 7mo ago

In the middle of a three-week trial, a judge ordered us to negotiate in her chambers while she was out of town. There were fresh-baked cookies. When she got back and we reported that we couldn’t settle any of the claims, she shook her head and said “I’m never baking cookies for you again.”

Too Big to Fail@toobigtofail.bsky.social · 7mo ago

The late and seriously lamented New York Supreme Court Justice Carol Edmead used to keep a "settlement bowl" of candy in her courtroom. If you settled a case, you got candy. I never saw a single heated argument in her courtroom; never one attorney who got belligerant.

Jeff Dubner@dubner.bsky.social · 8mo ago

15 years ago after a night of drinking somebody said to me, very seriously, “hey, about before… just forget I mentioned it, ok?” and I’ve wondered ever since what the hell they think they told me

more mr. nice guy@juniorhoncho.bsky.social · 8mo ago

a nice thing you can do when leaving a house party is pick a random person who seems hazy memories drunk but not blackout, put your hands on their shoulders, look them in the eyes and tell them Hey, Your Secret Is Safe With Me. just so they're not worried about their secret for the rest of the night