Quinn Yeargain

@yeargain.bsky.social

1855 Professor of the Law of Democracy at Michigan State. Contributor to The Downballot. I teach, write, and post about state constitutional law, institutional development, and criminal law. I write (infrequently) at guaranteedrepublics.substack.com.

In addition to having no experience in immigration, their website shows Ilya Shapiro (!) and disgraced former law prof Joshua Wright (!) as Senior Counsel. I don't think this massive contract was awarded to give immigrant children effective, zealous advocacy. burkegroup.law/our-team/

Our Team - BURKE LAW GROUP, PLLC

Our Team

burkegroup.law

Politico@politico.com · 19h ago

26-employee Texas law firm gets $150M to represent 24,000 children in immigration court

I really wish election administrators in Detroit would be more transparent about what they’re doing—e.g., what they’ve counted, what remains, when they anticipate updates, and beyond—especially when counting goes into the next day.

Depicting Jewish people with horns is a centuries-old, dehumanizing, antisemitic trope. Democratic Gov nominee Phil Weiser is outspoken about his mother’s birth in a Nazi concentration camp, his family members killed in the Holocaust, and the threat posed by antisemitism today.

BildBild

I love Talarico and hope he wins. But he’s already raised $70M On the flipside, control of critical state legislatures will come down to seats where candidates raise 0.1% of that. I’ve researched the highest leverage swing district candidates you should donate to secure.actblue.com/donate/donat...

Donate to the candidates on the front lines of the fight against MAGA gerrymandering

These are anti-MAGA state candidates in *extremely* close races

secure.actblue.com

is the problem with the American criminal legal system that Black families are not prosecuted enough based on ambiguous theories and unclear applications of the law? if you get your news from gutter racist and total moron Matt Walsh, you might think so!

Matt Walsh post reading: "This is a penalty reserved for white parents specifically. No inner city black mom or deadbeat black father will ever be arrested, much less sentenced to 15 years in prison, for the savage crimes committed every single day by their kids."

repost of tweet reading: "A judge sentenced Colin Gray, father of Apalachee High School shooter Colt Gray, to 15 years in prison after hearing emotional testimony from victims' families."

Today, Chris Taylor is sworn in to replace Rebecca Bradley on the Wisconsin Supreme Court, giving liberals a 5-2 majority. As recently as 2020, conservatives had a 5-2 edge on the court, but four straight double-digit victories for liberals shifted the balance—and the court could go 6-1 next year.

Incredibly strong language. The opinion uses an approach I don't see often. It says that, while the framers of Michigan's 1963 constitution intended to adopt the meaning of the Fifth Amendment in the state provision, they intended the meaning *AT THE TIME*, not what it would become 2 decades later.

For this reason, we reject the idea that an intent to incorporate some then-existing federal protections into Article 1, § 15, translates to eternal “lockstepping” with federal jurisprudence, no matter the novelty or unforeseeable nature of subsequent federal interpretations.20 Mechanically adopting the Kennedy rule, announced some 20 years after the people ratified Article 1, § 15, would breach our duty to determine the law made by the people in ratifying Michigan’s 1963 Constitution. See Tanner, 496 Mich at 221-222 & n 16. See also State ex rel Cincinnati Enquirer v Bloom, 177 Ohio St 3d 174, 184; 2024- Ohio-5029; 251 NE3d 79 (2024) (“But when we say that our state Constitution means whatever the United States Supreme Court says that the federal Constitution means, we ignore our obligation to the [state] Constitution, and we delegate away our duty to say what the law is.”). Such lockstepping would also allow a faraway federal court—one consisting of judicial officers who have never sworn an oath to uphold the Michigan Constitution— to define or retract important rights otherwise guaranteed under our autonomous state Constitution. The presumption of incorporation is therefore temporally bounded under Article 1, § 15: federal interpretations existing at the time of ratification may be presumedto have been adopted because the ratifiers could be understood to have embraced them, but federal interpretations announced after ratification carry no such presumption because the ratifiers could not have spoken to a rule that did not yet exist.21 We thus decline to adopt the post-1963 Kennedy standard merely because we have adopted pre-1963 federal standards in other double-jeopardy contexts.
Matthew Segal@segalmr.bsky.social · 5d ago

ATTENTION STATE CONSTITUTION APPRECIATORS: Here's a significant defense of state constitutional independence, courtesty of the Michigan Supreme Court. www.courts.michigan.gov/siteassets/c...

In so holding, these state courts also recognize that the United States Supreme Court’s interpretation of a federal constitutional provision does not—and cannot—fix the meaning of a comparable state constitutional provision, especially when the United States Supreme Court later “revises its interpretation of the federal counterpart.”

the nat'l bar exam org says “the inaugural administration” of its new test on Tuesday marked a “historic milestone in legal licensure” which is...true, I suppose insofar as the maiden voyage of the Titanic was also a historic milestone in maritime transportation ballsandstrikes.org/legal-cultur...

Wi-Fi Fiasco Transforms Washington Bar Exam Into an Even Bigger Waste of Time Than Usual

Yet another reason to move beyond the legal profession’s annual hazing ritual.

ballsandstrikes.org

We've got a fantastic announcement: The Downballot has just released a new version of our one-of-a-kind "hexmap," which shows every congressional district as the same size. @donnermaps.bsky.social has been hard at work updating it for all 10 states with new maps. Check it out here! 🧵

The Downballot releases our latest House 'hexmap,' updated for redistricting

By making every district the same size, we eliminate that misleading sea of red

the-downballot.com