Marin K. Levy

@marinklevy.bsky.social

Professor of Law, Duke Law School; Academic Director of the Bolch Judicial Institute. Mother of sons & spinner of ⚖️🧵s.

Thrilled that my and @donfro.bsky.social's new paper, "Constitutional Rights and General Private Law," will be in the Harvard Law Review next year. It's a sequel to our 2023 Yale L.J. piece, "The Fourth Amendment and General Law." We need to revise, so no @SSRN yet, but here's the abstract:

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Trump is trying to destroy academic freedom - he sees it as an impediment to his corruption of our democracy. I know university leaders, like those at Yale, are in a tough position given his attacks, but they are under no obligation to agree to anything other than what's required under existing law.

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The ‘dog days’ of summer get their name due to their association with the Dog Star, Sirius, found in the constellation Canis Major. The first visible rising of Sirius occurs during the hot stretch from early July to early September. Woof.

I just received the terribly distressing news that Gordon Wood was hit by a car and killed yesterday. We were together with other Founding era scholars at the 2nd Judicial Circuit conference last week at Lake George, and he was as usual in fine fettle and as always enjoyable to talk to.

I've never seen a note like this appended to a story. If memory serves from reading the earlier version, the statement was something to the effect of "DOJ can confirm that no U.S. Attorney's Office has declined to investigate this allegation."

CNN’s John Fritze contributed to this report. This story was updated to remove a statement errantly provided by the Justice Department.

I keep coming back to the words of Judge Perry in today's hearing: "I put even more reliance on Department of Justice attorneys. Your sole goal is to do justice. Your client is justice itself." .

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BREAKING: Federal judge finds that Presidential Records Act is likely constitutional, issues preliminary injunction requiring compliance with the law. Judge Bates, a George W. Bush appointee, opens his opinion with an Orwell quote.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
AMERICAN HISTORICAL
ASSOCIATION et al.,
Plaintiffs,
V.
DONALD TRUMP et al.,
Defendants.
Civil Action No. 26-1169 (JDB)
FREEDOM OF THE PRESS
FOUNDATION et al.,
Plaintiffs,
V.
DONALD TRUMP et al.,
Defendants.
Civil Action No. 26-1402 (JDB)
MEMORANDUM OPINION
"Who controls the past controls the future; who controls the present controls the past."!
Perhaps with that lesson in mind, Congress enacted laws to ensure that government records are
created, preserved, and made available to the public. Among those is the Presidential Records Act
(Records Act), which mandates the preservation of materials related to the official responsibilities of the President. In so doing, the Act democratizes the history of an indispensable institution.
Access to those records allows future Presidents to pick up where their predecessors left off, Congress to identify inefficiency and misfeasance, and the public to learn from the mistakes of the
' George Orwell, 1984 37 (Penguin Classics 2000) (1949) (citation modified).In sum, the relevant separation of powers principles all indicate that the Presidential
Records Act is likely constitutional. The Act serves a legitimate legislative purpose, is carefully
crafted to those ends, and does not impose a substantial burden on Executive Branch activities.
Accordingly, it likely does not impermissibly encroach upon the President's authority.
Because Congress has the enumerated power to regulate presidential records, and because
the Presidential Records Act does not unduly tread on core executive power, the law is likely
constitutional. The President is not free to disregard valid laws. His actions doing so, therefore, are in excess of his constitutional authority and in violation of federal law, so plaintiffs are likely to succeed on the merits of their claims.