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Josh Chafetz

@joshchafetz.bsky.social

Agnes Williams Sesquicentennial Professor of Law and Politics, Georgetown Law: https://www.law.georgetown.edu/faculty/josh-chafetz/ Author, most recently, of _Congress's Constitution_: https://yalebooks.yale.edu/book/9780300248333/congresss-constitution/

8652 Posts148936 Follower1024 Folgt
Don Moynihan@donmoyn.bsky.social · 1h ago

Every judge that is receiving a lifetime appointment here is signaling that they are pretty flexible when it comes to defending American democracy donmoynihan.substack.com/p/scenes-fro...

Every recent Trump judicial nominee before the Senate who was asked about the 2020 election came up with formulaic dodges, like saying not that Biden won, but was “certified” or “served.” They said it was a political issue they could not comment on — when the outcome was actually decided by courts via dozens of lawsuits. How will they judge future lawsuits from their patron?
Aaron Rupar@atrupar.com · 2h ago

BLUMENTHAL: Judge Cronan, you're already on the district court. Who won the 2020 election? CRONAN: Joseph Biden received the majority of electoral votes B: You have nothing to lose. You have a lifetime appointment, and yet you're unwilling to state the simple fact that Biden won the 2020 election

Josh Marshall@joshtpm.bsky.social · 3h ago

as noted yesterday, Trump has now come around to treating an Iranian toll system covering the Strait of Hormuz as a given. Hard to overstate the level of strategic failure. US started the war purely as a war of choice and ends up dramatically empowering Iran and given the Iranian govt big wins.

Bill Grueskin@bgrueskin.bsky.social · 3h ago

Reuters: Iran wants fees of 5%-7% of the price of cargo from ships using the strait; Oman wants 3%. "Making fees voluntary, at least nominally, could be a way out of the impasse, although an implied threat of Iranian attacks could mean shippers would be ​unlikely to risk transit without paying."

Seth D. Michaels@sethdmichaels.bsky.social · 4h ago

feels worth noting that the blowout Dem gov primary in Michigan got about 60% more voter participation - 1.49 million votes - than the more competitive GOP gov primary - 930k votes. obviously contested D vs uncontested R Senate primaries affect this, but still. www.nytimes.com/interactive/...

Michigan Governor Primary 2026: Live Election Results, Benson vs. Swanson (Free Access)

Get live results and maps from the 2026 Michigan primary election.

nytimes.com

David S. Bernstein @dbernstein.bsky.social · 5h ago

I appreciate this explanation thread about the history of the National Emergency Act. It raises (for me) the broader issue of statutory responses to SCOTUS’s role in enabling norm-shattering, an entire can of worms I didn’t get into.

Josh Chafetz@joshchafetz.bsky.social · 6h ago

1/ It's important that any thinking about post-Trump reforms think about the relative merits and demerits of rules vs. norms, as @dbernstein.bsky.social does today. But ... goodpoliticsbadpolitics.substack.com/p/restoring-...

G Elliott Morris@gelliottmorris.com · 7h ago

Takes like this are very tempting but IMO go too far. The polling miss last night was historically exactly average for a primary — no evidence polls have gotten worse recently. And remember 2022 had the most accurate House and Senate polls in history! bsky.app/profile/gell...

Adam Serwer@adamserwer.bsky.social · 7h ago

There’s no actual alternative to polling but I just don’t believe they capture public sentiment in any reliable way anymore

Mark Histed@markhisted.org · 20h ago

this shift of power to the president is bad— it destabilizes our system, removes checks and balances. I have also been persuaded by @joshchafetz.bsky.social and others that Chadha was a big, destabilizing shift of power to the president. It’s a multi year problem.

The <i>Chadha </i>Presidency

<p><span>Where is Congress? Why hasn’t it reined in some of the worst abuses of the Trump Administration? This Article argues that a significant part of the ans

papers.ssrn.com

Josh Chafetz@joshchafetz.bsky.social · 22h ago

I don’t always agree with @jadler1969.bsky.social, but I’ve always known him to be incredibly principled. He’s one of my favorite interlocutors, and when the Georgetown Law FedSoc asked me to suggest someone against whom to debate a couple of years ago, he was my first choice.

James Goodwin@jamesgoodwin.bsky.social · 23h ago

The Adler brief here is telling and suggests a major cleavage within the Supreme Court's conservative bloc. For the oil and gas industry to win here, the conservative justices would have to compromise on a lot of dearly held conservative principles. subscriber.politicopro.com/article/eene...

Josh Chafetz@joshchafetz.bsky.social · yesterday

For the love of Hanuman, THIS. It's not just that a circular firing squad is unhelpful at this moment; it's also that academics of all people ought to be open-minded about ways of knowing other than their own and ought to be respectful of expertise.

Corey Rayburn Yung@coreyryung.bsky.social · yesterday

As a meta-point in the academia discourse of today, it's a strange time for professors to dismiss the value of entire disciplines. That plays perfectly for those who want to wreck higher education (and who happen to have a lot of governmental power right now).

Daniel Solis@danielsolis.bsky.social · 6d ago

There are two wolves. One always lies. One controls the lever of trolley track. They're in a state of superposition inside a box. On the trolley are infinite monkeys at infinite typewriters going to an infinite hotel. The trolley must first travel halfway, but before that a quarterway, and so on...

Rachel Rothschild@profrrothschild.bsky.social · 2d ago

New draft posted: The Collision of State Climate Tort Suits with Federal Deregulation, forthcoming in the Yale Law Journal Forum. This Essay examines the preemption arguments in the Suncor Energy v. Boulder case, which the Supreme Court will review in Oct. term 2026: papers.ssrn.com/sol3/papers....

The Collision of State Climate Tort Suits with Federal Deregulation

In its October 2026 term, the Supreme Court will review <i>Suncor Energy v. County Commissioners of Boulder</i>, a tort case with significant implications for t

papers.ssrn.com

Jacob T. Levy@jacobtlevy.bsky.social · 2d ago

I know this would be closing the barn door after he horse has been reelected president, but if Democrats win both chambers I'd really like to see a concurrent resolution deeming January 6 an insurrection under 14(3). 1/

Sarah Tuttle@niais.bsky.social · 2d ago

Disappointed but not surprised. University leadership continue to kowtow to fascism, and for what? Have they learned nothing? I'm sure their own faculty are disgusted.

Jacob T. Levy@jacobtlevy.bsky.social · 2d ago

Four university presidents, "Andrew Martin at Washington University in St. Louis, Michael Crow at Arizona State University, Douglas Girod at the University of Kansas, & Ronald Daniels at the Johns Hopkins University" collaborated in the latest attack on higher ed. www.chronicle.com/liveblog/her...

Kyle Griffin@kylegriffin1.bsky.social · 2d ago

FLAG: Trump gets to keep tax immunity for himself, his sons, and the Trump Organization under the new 'deal' struck by Todd Blanche. The new order also reaffirms that Trump won't have to pay any taxes he might have owed the IRS.