The rare 3-judge concurrence in a case heard by 3 judges... calling out the oddity of treating regulations as "orders" for purposes of statutory provisions channeling some cases directly to courts of appeals media.ca7.uscourts.gov/cgi-bin/Opin...

A poem: I have received a barracuda email quarantine notification Informing me that a barracuda email quarantine notification Has been quarantined

Supreme Court rules 6-3 that the Michigan senate primary must continue in perpetuity and we all have to keep hearing about it

Two courts of appeals today rejected preemption challenges to state laws relating to vapes. In one, all three judges wrote as to a standing question: is there an injury when the conduct a state law prohibits is already illegal under federal law? clpblog.citizen.org/two-courts-o...

NEW LAWSUIT: The Trump admin is changing the successful Teen Pregnancy Prevention Program into an abstinence-only program. We're suing to stop the admin from sacrificing young Americans' wellbeing to political ideology.

The demand for "intellectual diversity" in higher education was always dishonest, but policies designed to keep out people from other countries and make it so only rich people can attend highlight the disingenuousness

Judge lawyers on their entire careers, not 4 years of government service...and certainly not on 13 months of government service fifteen years ago

Rick Hasen @rickhasen.bsky.social · 3w ago

Oh my.

Is it embarrassing to admit how fun it is to be spending my day reading volumes 2 and 3 of the Federal Register?

Nominee for understatement of the year just dropped from the Seventh Circuit. media.ca7.uscourts.gov/cgi-bin/Opin...

Good day for NYC renters, as the Second Circuit rejects landlords/brokers claim to a constitutional right to collude and charge confusing broker fees. clpblog.citizen.org/second-circu...

This is the "movement" Platner is a part of

Kyle Griffin@kylegriffin1.bsky.social · 4w ago

Trump on AF1 on Graham Platner: "It's really a question of whether or not you believe the woman. A lot of people say big falsehoods."

The last six months have confirmed my long-held view that too many people run for high-level/prestige offices, and not enough people run for lower-level ones.

And on my fifth day back from sabbatical, I filed an amicus brief on the under-appreciated topic of stays pending appeal of remand offers and federal-officer removal--in the context of PBMs and opioids. Scintillating I swear! www.citizen.org/litigation/u...

Utah v. Express Scripts - Public Citizen

In 2025, Utah sued several pharmacy benefit managers (PBMs) in Utah state court under Utah state law, alleging that the…

citizen.org

Biden's solicitor general is the latest former administration officials cashing in to defend prediction markets. But none of them have any financial market experience, and the ones that do reject the claim that they can evade state gambling laws. From our friends at @revolvingdoordc.bsky.social:

Economic Hit Men for Gambling Apps - The American Prospect

Former solicitor general Elizabeth Prelogar is writing justifications for prediction market gambling apps, joining several Biden administration colleagues defending the industry.

prospect.org

NEW LAWSUIT: The Trump admin has been sharing Iranian asylum seekers' confidential information with the Iranian government. These asylum seekers are now at an increased risk of risk of persecution, torture, & death if they are sent back. We're suing to stop this heinous policy.

The 11th Circuit has rejected Florida's argument that conditioning student aid on accreditation is unconstitutional under the nondelegation doctrine and spending clause. No dissents and conservative panel. Will they seek cert nonetheless? media.ca11.uscourts.gov/opinions/pub...

For a while, the Fourth Circuit has been rejecting a lot of the more .... creative... theories accepted by D.Md. judges. It seems like the First Circuit is now starting to do the same with D.Mass/DRI. This decision seems in line with that www.ca1.uscourts.gov/sites/ca1/fi...

WIN: Granting our motion in NAACP v. USPS, the court halted USPS's plan to interfere with mail-in voting. The plan threatened to disenfranchise millions of voters who rely on vote-by-mail to participate in elections. But USPS has an obligation to prioritize the timely delivery of election mail.

In our case filed with Student Defense on behalf of nonprofit employers, a DC federal judge became the second judge today to find the Department of Education's PSLF rule unlawful and vacate it. www.citizen.org/news/court-d...

Court Declares Unlawful the Department of Education’s Rule Restricting Public Service Loan Forgiveness Eligibility - Public Citizen

WASHINGTON, D.C. — The Trump Administration’s attempt to politicize the Public Service Loan Forgiveness program is unlawful, a federal judge ruled today.…

citizen.org

Can't wait to see what Ilan Wurman decides to be interested in next.

When I was in law school, the case everyone thought would radically change civil litigation was Twombly. As many have found, it didn't. But the 6th Circuit today issued a divided opinion on how to reconcile Twombly & Swierkiewicz in discrimination cases. www.opn.ca6.uscourts.gov/opinions.pdf...

Happy Pride, DC!

Wrapping up week 6 of sabbatical in the middle of the world

Inside baseball but this seems not ideal: there used to be a nonprofit called Trial Lawyers for Public Justice. That org changed its name to Public Justice, and has a PC. There is frequent confusion between Public Justice & Public Citizen due to overlapping litigation work. /1

Note, Kenyan left the Democratic Party 3 years ago and only rejoined this year, and has offered no explanation for doing so other than his own ambition and career opportunities. It's unclear what his vision and principles are beyond Kenyan should be in elected office.

Kenyan McDuffie@kenyanmcduffie.bsky.social · 2mo ago

I’m proud to have the endorsement of Democratic leaders from across the nation who trust my leadership, vision, and experience. I’m #1 on your ballot, and I’m asking everyone to rank me #1 on June 16th.

The 10th Circuit rejects Kris Kobach office's argument that it is entitled to an interlocutory appeal where it's QI motion was denied without prejudice...for failure to comply with page limits. www.ca10.uscourts.gov/sites/ca10/f...

Got wifi in the Andes and saw we were successful in avoiding cert in Robles v. Parham, where officers argued they had qualified immunity to beat a compliant man pulled over for tinted windows because he hadn't graduated high school and had previously been arrested. Now back to sabbatical

I'd think this is a non-controversial point given the broadly nonpartisan agreement on here of the past few weeks that an Obama-appointed judge committed extraordinary misconduct, but alas it got me blocked

Adam Pulver@pulvinator.bsky.social · 2mo ago

We really shouldn't suggest that this has anything to do with him being a Trump appointee given the bad behavior of several Obama and Biden appointees in the last few years.

We really shouldn't suggest that this has anything to do with him being a Trump appointee given the bad behavior of several Obama and Biden appointees in the last few years.

Week three of sabbatical: still alive and thriving