I'm in Liberal Currents!
Cross-posting here: I have a piece today in Liberal Currents about why judicial review is essential for our democracy and that means we have to attack and dethrone (and then rebuild) the Supreme Court!
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Disagreeing Politely with Justice Souter on Jurisprudence
(How's that for a clickbait title??) David Hackett Souter, former Associate Justice of the Supreme Court, died on Thursday. We learned this yesterday, and the encomia poured in. Everyone loved Justice Souter, well, everyone except the right-wingers convinced he'd betrayed them. He was, as everyone saw,
Okay Fine Let's Overkill Trump's Argument in re Abrego Garcia
I know I said I mostly wasn't going to use this newsletter to do legal analysis of contemporary controversies. However. I think it's worth spelling out at some length everything that's wrong with the Trump Administration's claim of authority in the case
John Roberts Counsels Despair
The Supreme Court, in a per curiam opinion that seems like it was probably written by Chief Justice John Roberts, just vacated District Judge Boasberg's order preventing the Trump Administration from "deporting" Venezuelan nationals to a slave camp in El Salvador under the Alien Enemies Act
Birthright Citizenship, Text vs. History, and "Original Public Meaning"
Over the last couple of weeks we've been having an exceptionally tiresome debate about birthright citizenship. Two conservative legal scholars, Randy Barnett and Ilan Wurman, have been arguing in various public fora that the overwhelming scholarly consensus that the Citizenship Clause of the Fourteenth Amendment means what it