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Adam S. Rust

@asrust.bsky.social
3.9K followers 121 following 871 posts

Lawyer, writes on law things, writings have appeared in Liberal Currents and Balls & Strikes, based in the SF Bay Area.

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Adam S. Rust @asrust.bsky.social · 27/09/2026
You may not like it, but this is what a peak judicial appointments process looks like.
Incredibly convoluted chart showing how the judicial appointments process works in Jamaica.
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Adam S. Rust @asrust.bsky.social · 24/09/2026
The Walt Whitman Irish giga-chad poem referenced by me is linked below. I took some poetic license in my summary, but only some poetic license. whitmanarchive.org/item/ppp.004...
whitmanarchive.org
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Adam S. Rust @asrust.bsky.social · 24/09/2026
Oh God, I guess I have to write this thing now.
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Adam S. Rust @asrust.bsky.social · 15/08/2026
Quotes from the 1863 pamphlet "Interior Causes of the War: The Nation Demonized and Its President a Spirit-Rapper" really illustrates that the human capacity for brain rot existed well before social media.
""The nation is unquestionably mad," asserted David Quinn. A Chicago lawyer, Quinn attributed the country's bewilderment to the mesmerizing, or magnetic, effect of demons working on the minds of spiritualists and religious sectarians. The philosophy of these spirits, he maintained, "assumes as a fundamental ideality, that all things are intrinsically equal, and susceptible of continual and endless development, until they reach the standard of Deity." The mental infection caused by this harebrained political theory explained the nation's grotesque and self-destructive course, and "why the sun of Ameri-can greatness is rapidly sinking in a sea of fraternal blood." A per-verted president had been selected by diabolical spirits to achieve "the equalization of white men and negroes." He boasted conclusive evidence that the chief executive, members of his cabinet, and supportive editors held "spiritual circles" in the presidential man-sion. "Mr. Lincoln is not only a spiritualist of the abolitionist school, but.... has been, from the beginning of his term, directing the war under the direction of spirit rappings." In this, claimed Quinn, he was supported by, among others, Salmon Chase, Ben Wade-whose wife he took to be one of the best mediums in Ohio-and Joshua Giddings, all of whom had "for years been consulting the rappings." As if this were not enough, the president's demented administration had appointed a trance lecturer "ready at call to serve his excellency, as the witch of Endor served the Hebrew king, to bring forth the spirits of the dead."'
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Adam S. Rust @asrust.bsky.social · 12/08/2026
I don't feel it is widely appreciated enough how many conservative intellectuals hate Abraham Lincoln and how deeply they hate him.
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Adam S. Rust @asrust.bsky.social · 23/07/2026
My official hard copy of the @liberalcurrents.com Reconstruction Papers has arrived! US readers can order their own snazzy copy here!
A picture of me excitedly holding my copy of Liberal Currents first "Reconstruction Papers" collection.
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Adam S. Rust @asrust.bsky.social · 15/07/2026
JQA's dream life.
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Adam Gurri @adamgurri.liberalcurrents.com · 13/07/2026
Tbh it’s one of the ideas ones rather than the policy/reform ones but this essay is low key one of my favs of the collection
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Adam S. Rust @asrust.bsky.social · 13/07/2026
Physical copies of the Reconstruction Papers are finally shipping out with my contribution (quoted below) included. You should get one! www.liberalcurrents.com/the-reconstr...
liberalcurrents.com
The Reconstruction Papers
The Reconstruction Papers is available for pre-order in the US Pre-Order Now! For nearly a century, the conservative movement's white whale was the government the New Deal and the Great S...
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Liberal Currents @liberalcurrents.com · 30/06/2026
"The only way to explain the differing results in the two cases is to conclude that the Roberts Court realizes the consistent application of their reasoning would jeopardize the world economy, and make a poorly-rationalized exception to avoid that outcome." www.liberalcurrents.com/slaughtering...
liberalcurrents.com
Slaughtering the Administrative State
The Supreme Court's Cooked reasoning on independent agencies.
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Adam S. Rust @asrust.bsky.social · 30/06/2026
Following the lead of @aselrod.bsky.social here are the first two pages of my essay for the@liberalcurrents.com Reconstruction Papers collection.
Image of the first page of my Reconstruction Papers essay (too many words to include given the character count limit).Image of the second page of my Reconstruction Papers essay (too many words to include given the character count limit).
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Alan Elrod @aselrod.bsky.social · 29/06/2026
Here’s the first two pages of my entry:
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Adam S. Rust @asrust.bsky.social · 29/06/2026
It really is wild how much the SCOTUS has done to hog tie Congress. Chafetz's article "The Chadha Presidency" really brought that home for me. papers.ssrn.com/sol3/papers....
papers.ssrn.com
The <i>Chadha </i>Presidency
<p><span>Where is Congress? Why hasn’t it reined in some of the worst abuses of the Trump Administration? This Article argues that a significant part of the ans
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Adam S. Rust @asrust.bsky.social · 29/06/2026
So thrilled to have an essay by me in this collection. Download the PDF, but also purchase a physical copy so people know how plugged into The Discourse you are when they look at your coffee table.
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Adam S. Rust @asrust.bsky.social · 26/06/2026
One of my favorite quotes from Thaddeus Stevens is on exactly this point. This is from a speech on June 13, 1866 where he supports a watered down version (i.e., our version) of the 14th Amendment.
"“In my youth, in my manhood, in my old age, I had fondly dreamed that when any fortunate chance should have broken up for a while the foundation of our institutions, and released us from obligations the most tyrannical that ever man imposed in the name of freedom, that the intelligent pure and just men of this Republic, true to their professions and their consciences, would have so remodeled all our institutions as to have rid them from every vestige of human oppression, of the inequity of rights, of the recognized degradation of the poor, and the superior caste of the rich. In...""...short, that no distinction would be tolerated in this purified Republic but what arose from merit and conduct. This bright dream has vanished ‘like the baseless fabric of a vision.’ I find that we shall be obliged to be content with patching up the worst portions of the ancient edifice, and leaving it, in many of its parts, to be swept through by the tempests, the frosts, and the storms of despotism.""Do you inquire why, holding these views and possessing some will of my own, I accept so imperfect a proposition? I answer, because I live among men and not among angels; among men as intelligent, as determined, and as independent as myself, who not agreeing with me, do not choose to yield their opinions to mine. Mutual concession, therefore, is our only resort, or mutual hostilities.”
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Adam S. Rust @asrust.bsky.social · 18/05/2026
Typical social historian book intro: "This book began on February 24, 1993, the day after Carnival. A hung over archivist at the Arquivo Nacional brought me the wrong folder. Its contents altered my understanding of baptismal records, train schedules, and the meaning of Brazilian modernity."
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Adam S. Rust @asrust.bsky.social · 15/05/2026
How I imagine I look when I take a trip to the law library.
Jimmy Stewart in a law library in the movie "Anatomy of a Murder", the greatest American legal movie.
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Adam S. Rust @asrust.bsky.social · 07/05/2026
In this, the 250th year of our bold experiment in self government, engage in the politics of making constitutional meaning as the Founders intended.
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Adam S. Rust @asrust.bsky.social · 16/04/2026
Enjoy that Ian Fleming created a drink for Bond thinking it was so cool and sophisticated. Took a sip of it for the first time a few months after publishing the book where he has the super cool drink and goes, "This is garbage."
Wikipedia article on Vesper martini: "Just as the character Vesper Lynd dies in Casino Royale, the cocktail named for her makes no appearance in any of Fleming's later Bond novels. Fleming, in a letter to The Guardian in 1958, said that when he tasted a Vesper for the first time "several months" after including it in his novel, he found it "unpalatable""
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Adam S. Rust @asrust.bsky.social · 07/04/2026
Imagine if these goofs directed their viewers to call Congress demanding impeachment instead of wasting their breath hoping members of the executive branch will do anything.
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Adam S. Rust @asrust.bsky.social · 04/04/2026
Nixon's reaction to Roe v. Wade is really about what I would have expected.
"Nixon was conflicted about the outcome. On the one hand, easier access to abortions would break up the family and encourage permissiveness. Girls did not have to worry about getting pregnant anymore: They could simply go to a doctor and get an abortion for $5. On the other hand, there were times when abortions were "necessary."

He cited the first example that came to mind. "When you have a black and a white."

"Or a rape," Colson interjected.

"Or rape. You know what I mean. There are times.""
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Adam S. Rust @asrust.bsky.social · 01/04/2026
Listened to oral args on birthright citizenship at SCOTUS and I want the Barrett quote, "Yeah, yeah, yeah, yeah, but what about the Constitution?" on a shirt.
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Adam S. Rust @asrust.bsky.social · 27/03/2026
Post World War II to mid-50s has a similar decade division problem.
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Adam S. Rust @asrust.bsky.social · 25/03/2026
Legal liberalism success is always downstream of political liberalism. I have touched on this point in @liberalcurrents.com actually. www.liberalcurrents.com/the-fight-ma...
liberalcurrents.com
The Fight Makes the Meaning: Noah Feldman, James Oakes, and the Lessons of Antislavery Constitutionalism
Noah Feldman, Felix Frankfurter Professor of Law at Harvard Law School, is a frequent public commenter on the state of constitutional law and the Supreme Court. Over the last few years he’s been in a ...
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Adam S. Rust @asrust.bsky.social · 24/03/2026
This long but really good thread fits in with my general heuristic on AI in legal work: it is only useful if you already know a decent amount about what you are asking the AI to find or do.
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Adam S. Rust @asrust.bsky.social · 24/03/2026
I think it is a toss up who Hank Hill would vote for. People overrate demographics and underrate individual temperament when assessing people's voting choices. Demographically Hank seems like a Trump voter, temperamentally Hank doesn't seem like a hater, which cuts against Trump's appeal.
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Adam S. Rust @asrust.bsky.social · 20/03/2026
AI needs to be treated like any legal treatise or head note summary. You cannot get around actually reading the case. Heartbreaking, I know.
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Adam S. Rust @asrust.bsky.social · 18/03/2026
Do not knock cinnamon rolls and chili until you try it.
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Adam S. Rust @asrust.bsky.social · 13/03/2026
Great thread. The law is powerful, but slow moving, medicine. And excessive faith in its curative powers can obscure that there are other remedies than judicial ones for what ails you.
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Adam S. Rust @asrust.bsky.social · 11/03/2026
Knew about Chief Justice Marshall's conflict of interest in Marbury v. Madison, but just learned that Madison didn't even send an attorney to argue his half of the case. Amazing legal ethics work in the early Republic.
"Madison, making plain the administration's view that the Court had no authority to order him to hand anything over, did not show up and did not send counsel to the proceedings. Despite the fact that John Marshall had been the one who sealed but failed to deliver the commission in the first place, he wrote the opinion for the Court."
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Adam S. Rust @asrust.bsky.social · 10/03/2026
"Seeing Like a Constitution" is a title for a law review article waiting to be picked up if it hasn't. (Closest I know is an article titled "Thinking Like a Constitution").
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Adam S. Rust @asrust.bsky.social · 09/03/2026
This love letter to legislative history and intent in statutory interpretation from @ballsandstrikes.org is great. Here are some excerpts, but read the whole thing.
"And yet, neither statutory text nor the major questions doctrine produced an answer to which everyone could agree in the tariffs case. Instead, these approaches revealed how malleable textualism and the major questions doctrine, on their own, can be. By rejecting legislative history in the name of avoiding speculation and judicial overreach, the Court frees itself to do both, claiming the authority to decide for itself what Congress meant. ""This is not restraint. It is a choice. And when courts substitute clear-statement rules and elastic doctrines for the record Congress created, they do not safeguard our democracy. They sidestep it."
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Adam S. Rust @asrust.bsky.social · 09/03/2026
Reading @joshchafetz.bsky.social's "Congress's Constitution" and being reminded Bork was defeated not by liberal nefariousness, but because the more people got to know him the less they liked him.
"Consider, for example, the conversation that took place around President Reagan's nomination of Robert Bork to the Supreme Court in 1987. The Democrat-controlled Senate Judiciary Committee, by ensuring that "extended hearings would take place" gave "ample opportunity for Bork's opponents to elaborate the reasons for their position. '' The result was "a national seminar on constitutional law" played out on live television, one remarkable for the..."""heights [of public debate] that it repeatedly reached" and for the extent to which it "captivated and involved [the] citizenry." It was out of these hearings, and the surrounding public debate on the airwaves, on op-ed pages, and around office water coolers, that "widespread popular opposition" to Bork arose. Consider a sequence of three Washington Post-ABC News polls. The first, taken in early August 1987, roughly a month after Reagan had nominated Bork, found that only about 45 percent of respondents had heard or read about the Bork nomination; of those who were aware of it, 45 percent supported the nomi-nation and 40 percent opposed it. 53 The second, taken during and after Bork's testimony before the Senate Judiciary Committee, found that 70 percent of respondents were aware of the nomination; of those who were aware, 44 percent supported Bork and 48 percent opposed him. 54 The third poll, taken about ten days before the Senate rejected his nomination, found that 78 percent of respondents were aware of the nomination, and of them, only 38 percent supported Bork, while 52 percent opposed him. Clearly, the hearings and the attendant media attention not only significantly increased public awareness of the nomi-nation; they also significantly increased opposition to it, and it was this opposition that sank Bork."
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Adam S. Rust @asrust.bsky.social · 06/03/2026
My pitch for Casablanca always is "It's good, it's fun, it's movies. Liking movies and not liking Casablanca is an impossibility. You are guaranteed a good time." I have never had anyone disagree after they watch it.
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Adam S. Rust @asrust.bsky.social · 06/03/2026
Me reading the description of the movie Carlos (2010) on the Criterion Channel for the first time.
Four images of Vince McMahon getting more and more stimulated about the Criterion Channel's "Carlos"

1. French Biopic (interested)
2. about an international terrorist (excited)
3. Set the in 1970s (awe inspired)
4. Over 5 hours long (Laser eyes)
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Adam Gurri @adamgurri.liberalcurrents.com · 03/03/2026
Big announcement from us: we are fully funded, we met our goal. I cannot thank everyone who supported us enough. We are putting the pedal on the gas to put out work worthy of your trust.
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Adam S. Rust @asrust.bsky.social · 03/03/2026
I just learned a new volume of the Oxford History of the United States is dropping this year and felt others should know as well. global.oup.com/academic/pro...
global.oup.com
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Adam S. Rust @asrust.bsky.social · 02/03/2026
Like: reducing judicial intervention in constitutional disputes. Dislike: the judiciary hyping one branch of government over another in the process. The Curtiss-Wright language @skennedy2504.myatproto.social draws on in his piece is a great example of unnecessary hyping of the executive.
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Adam S. Rust @asrust.bsky.social · 02/03/2026
A solid history of SCOTUS on presidential military action from @skennedy2504.myatproto.social. Though I think this article actually shows courts are not well equipped to constrain executive military actions rather than showing courts enable the executive. www.liberalcurrents.com/how-the-supr...
liberalcurrents.com
How the Supreme Court Enabled Trump's Unilateral War on Iran
For almost a century, the U.S. Supreme Court has been incredibly solicitous of executive power in foreign affairs.
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Adam Gurri @adamgurri.liberalcurrents.com · 02/03/2026
The principle is called "we have the votes and you don't," it's the principle used to determine all court cases
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Adam S. Rust @asrust.bsky.social · 02/03/2026
This is exceptionally good from @sjshancoxli.liberalcurrents.com for @liberalcurrents.com www.liberalcurrents.com/the-delusion...
liberalcurrents.com
The Rules-Based Order Is Dead. Good.
The rules-based order was a polite fiction based in a fundamental misunderstanding of contemporary geopolitics.
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Adam S. Rust @asrust.bsky.social · 27/02/2026
Really wonder if Truman is ultimately to blame sometimes.
Fassbender: Show the downfall of the New Deal. (Picture of Clinton and Gore in 1992)

Fassbender: I said downfall. (Picture of Reagan)

Fassbender: Perfection. (Picture of labor's last stand to get Truman to veto the Taft-Harley Act)
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Adam S. Rust @asrust.bsky.social · 27/02/2026
I'm not saying my home state's politics make sense, I am saying this how it is though.
Woman opposed: Kris Kobach for governor and likely criminalization of abortion

Woman considering: Kris Kobach for State AG and likely criminalization of pronouns.
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Adam S. Rust @asrust.bsky.social · 25/02/2026
Originalist Living Constitutionalist Legal Realist Schmittian
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Adam S. Rust @asrust.bsky.social · 25/02/2026
Hard to oversell how incredibly good @jgienapp.bsky.social's "The Second Creation" is. Just incredible, subtle, mind-altering constitutional history.
Pictured: The cover of Jonathan Gienapp's "The Second Creation".

Not pictured: The pages with filled with margin notes and highlighted quotes from primary sources, or great turns of phrase from Gienapp.
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Adam S. Rust @asrust.bsky.social · 20/02/2026
If I recall right they rejected Johnson's nominee. Then they abolished the open seat and preemptively abolished another one over Johnson's veto! Their hatred of the executive was so pure. It was beautiful.
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Adam S. Rust @asrust.bsky.social · 20/02/2026
Pleased SCOTUS is returning to its true function — furthering the interests of the business class in a way that occasionally benefits the rest of us.
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Sharon 🪳🌹 @sharonk.bsky.social · 20/02/2026
fun fact: this used to be how SCOTUS politics used to work
SCOTUS judge count
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Adam S. Rust @asrust.bsky.social · 13/02/2026
It was this.
Former Soviet President Mikhail Gorbachev getting a slice of capitalist pizza from the Pizza Hut corporation as a child looks on adoringly.
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Adam S. Rust @asrust.bsky.social · 12/02/2026
DS9 is the wokest Trek and it is not even close.
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