Sam Bagenstos

@sbagen.bsky.social

Personal account. Personal views. Frank G. Millard Professor of Law, University of Michigan Law School & Arlene Susan Kohn Professor of Social Policy, University of Michigan Ford School of Public Policy. Former General Counsel, HHS and OMB.

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

They think they're being clever eugenicists by saying that people with "underlying health issues" don't matter, but >75% of U.S. adults have a chronic condition (including 60% of age 18–34). So what they're really saying is "nobody matters, it's okay if everybody dies from inadequate regulation."

The New York Times@nytimes.com · 2d ago

Breaking News: Two deaths in Michigan have been linked to cyclospora. Both people who had the parasite also had underlying health issues.

This is obviously a good thing, compared to what they were doing before. But I'm hardly going to celebrate the Trump Administration finally deciding to spend some (not all!) of the money Congress appropriated for foreign aid. Congress's power of the purse still ails. www.nytimes.com/2026/08/02/h...

U.S. Restores Some Vaccine and Health Aid to Unicef, Gavi and World Food Programme (Gift Article)

The amount is still far below what the U.S. spent previously on humanitarian and health aid, but resumes the flow of money for key efforts to fight malnutrition and disease.

nytimes.com

These third country deportations are among the most evil acts of the Trump administration. They're trying to extrajudicially punish people for seeking asylum, up to and including with death.

Gillian Brockell@gillianbrockell.com · 4d ago

Great reporting from @emilybregel.bsky.social about a gay man who’s been in the US since he was four, imprisoned in a “hotel” in Equatorial Guinea since April. He says he’s being denied soap and toilet paper in retaliation for filing a complaint w African Commission. 1/ tucson.com/news/local/b...

This is another extremely insightful, very important piece by @sbagen.bsky.social. No one in the legal academy is writing more seriously, rigorously and imaginatively about What Comes Next (and with more candor about the difficulties) than Sam. Please read.

Sam Bagenstos@sbagen.bsky.social · 5d ago

Along similar thematic lines, I have a piece newly up on SSRN about what the Trump Administration might have to teach us about libertarianism, Reichian/Naderite liberalism, and abundance liberalism. papers.ssrn.com/sol3/papers....

Like the hypocrisy and the open corruption, the naked, brazen lying is itself aspiring authoritarianism. They aren't lying to cover anything up. They're saying, "We know we're lying. You know we're lying. And we know you know we're lying. And there's nothing you can do about it."

Aaron Rupar@atrupar.com · last mo.

BASH: But it peeled off. Why did that happen? BURGUM: It didn't peel off. There was vandalism. There was box cutters. There have been 7 arrests. BASH: There are photographs of people cutting a 350 foot gash in the reflecting pool? BURGUM: Dana, I'm not sure why you keep questioning it

Eight years ago, I ran for the Michigan Supreme Court. I really wanted to win. Instead, I got clobbered. But I have to say that I couldn't have done a better job than our current MSC majority is doing. I can't possibly agree with everything, of course, but the overall jurisprudence is outstanding.