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Brian Highsmith

@bhighsmith.bsky.social
10K followers 4.4K following 116 posts

institutions, inequality, geography, democracy | asst law prof at UCLA

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Reposted by Brian Highsmith
Joey Fishkin @fishkin.bsky.social · 14/09/2026
But stepping back, in many ways the bigger problem is Frenk's misunderstanding of his own job. Universities only succeed in our work through particular virtues and practices. We listen carefully. When we speak, we try to do so in an informed way. Frenk offered a master class in how NOT to do that.
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Aaron Littman @aaronlittman.bsky.social · 12/09/2026
The suggestion that representing someone who did horrendous things—and that inviting such a lawyer to speak on a panel at a conference—in any way reflects an endorsement of those terrible deeds is a threat to democracy, at a time when democracy is already teetering.
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Jamal Greene @jamalgreene.bsky.social · 17/08/2026
Very useful and important piece. I will add that another thing both "camps" could unite on is SCOTUS reform, as neither can get far without it.
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Taniel @taniel.bsky.social · 07/08/2026
NEW: Maine is one of 2 states that never strips people’s right to vote, and allows them to vote from prison. But in reality, logistical hurdles abound, & prisoners have organized hard for years to make sure everyone knows their rights. I learned a lot from this amazing reporting.
boltsmag.org
Maine Prisoners Organize to Protect Their Rare Right to Vote - Bolts
Maine is one of the only places in the country where prisoners keep their right to vote. But logistical barriers to voting still contribute to their larger exclusion from the political process.
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Niko Bowie @nikobowie.bsky.social · 21/07/2026
This state supreme court opinion pulls no punches: “This court does not anchor Hawaiʻi’s due process rights to the federal floor. Especially one that keeps sinking. . . . State constitutionalism makes it easy to consider Roberts Court jurisprudence ‘white noise.’”
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jamelle @jamellebouie.net · 21/07/2026
yes
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Kevin Elliott @kjephd.bsky.social · 19/07/2026
Absolutely textbook illustration of extreme wealth being used to (attempt to) subvert the democratic system. Thing is: whatever you read in the news, voters aren't fools. Certainly not for something like this.
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Taniel @taniel.bsky.social · 18/07/2026
One reason to care about state supreme courts: They are only defender of abortion rights in some places. In Kansas, Wyoming, Missouri, New Mexico, justices who ruled in favor of abortion access are on ballot this year. And Right is going after them. Time to learn more—I covered all states:
boltsmag.org
Your State-by-State Guide to the 2026 Supreme Court Elections - Bolts
Abortion, redistricting, and ballot access remain heated issues as voters face dozens of supreme court races across 32 states this year.
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Nathan Goldwag @goldwagnathan.bsky.social · 16/07/2026
It's not that I think they have a super-secret plan to overturn the elections and seize power, but you're watching an entire political party, from top to bottom, meme itself into convincing itself that its opponents are inherently illegitimate, and that road doesn't go anywhere good.
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Corey Rayburn Yung @coreyryung.bsky.social · 16/07/2026
And that youngster grew up to be Justice William O. Douglas.
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Brian Highsmith @bhighsmith.bsky.social · 16/07/2026
found just now in a 1911 socialist newspaper
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Kiara Wyndham @kiarawyndham.bsky.social · 15/07/2026
Love this paper showing how "the institutional structure of US fiscal federalism allows some jurisdictions to function as tax shelters for wealthy residents and corps, while conversely subjecting other jurisdictions to severe fiscal stress, even in broadly prosperous metro areas." bit.ly/4ykwWYx
academic.oup.com
Tax base fragmentation as a dimension of metropolitan inequality
Abstract. The United States devolves responsibility for providing critical services to local governments. With limited centralized transfers, the ability t
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jamelle @jamellebouie.net · 14/07/2026
roberts et al have a mental model of racism as being defined entirely by the most atavistic mania of the jim crow south. if it isn’t that, if it wears suits and ties and speaks the language of national security and executive authority, then it not only doesn’t count, *it’s not racism*
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Roosevelt Institute @rooseveltinstitute.org · 14/07/2026
NEW: What happens when corporations don't just influence government, but begin to function like governments themselves? @bhighsmith.bsky.social argues that powerful companies are increasingly securing special tax breaks, regulatory carveouts, and even governing power that weaken local democracy.
rooseveltinstitute.org
The New Corporate Enclaves
How corporations like SpaceX, Disney, Amazon, and Foxconn use corporate enclaves to evade democratic accountability, reshape local government, and weaken local democracy.
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Brian Highsmith @bhighsmith.bsky.social · 11/07/2026
I'm really looking forward to teaching this new experiential seminar, "Local Governance and the Food Culture of Greater Los Angeles," next year at UCLA Law. Reading and restaurant recommendations welcome!
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Phil Rocco @philiprocco.bsky.social · 10/07/2026
I don’t think people really understand how bad the OMB proposed rule is going to be for state and local govt. We’re talking about putting a full third of state budgets under the explicit control of Russ Vought. (1/2) www.bondbuyer.com/news/cities-...
bondbuyer.com
Cities, states warn of credit impact from proposed federal grant rule
Discretionary termination of grants allowed under the rule would pose a particular risk, issuer advocates said.
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David Noll @david.noll.org · 09/07/2026
Just want to point out the slippage between vigilantism and state power here. Per this account, an unmarked car tries to stop Araujo, he tries to get away (as many people would do if a rando tried to stop us), he's shot by state agents, agency officials lie about it, and the Twitter mob takes over.
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mtsw @mtsw.bsky.social · 04/07/2026
they are not afraid of him being a bad mayor, they are afraid of him being a good mayor
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Ned Resnikoff @resnikoff.bsky.social · 03/07/2026
“In prose as vital and engaging as the cities he celebrates, Resnikoff offers a compelling guide to fixing our urban spaces—and our democracy.”—Yoni Appelbaum, deputy executive editor, The Atlantic and author of STUCK
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JW Mason @jwmason.bsky.social · 02/07/2026
I’ve been thinking for a while that Slaughter and the preceding decisions are really attacks on the idea of law itself. So I’m very glad to see @nathantankus.bsky.social taking up this argument. www.crisesnotes.com/agency-indep...
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jamelle @jamellebouie.net · 01/07/2026
i have been thinking about this a lot. my "left-wing" ideas about government reform mostly amount to trying to make the federal government conform with the vision in the constitution: a strong, active and majoritarian congress
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Taniel @taniel.bsky.social · 01/07/2026
if you have feelings about SCOTUS after today, and after the last week, and after the last months and years, remember that at least you can vote for state supreme courts in many places this year, and those matter a ton too my state-by-state guide to every state supreme court contest:
boltsmag.org
Your State-by-State Guide to the 2026 Supreme Court Elections - Bolts
Abortion, redistricting, and ballot access remain heated issues as voters face dozens of supreme court races across 32 states this year.
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Sharon 🪳🌹 @sharonk.bsky.social · 01/07/2026
one reason i feel the centre should be more open to PR is that it allows them to differentiate themselves from the demsocs without them having to have a civil war over ballot lines because electing demsocs on their own ballot line is possible
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Mark Copelovitch @mcopelov.bsky.social · 01/07/2026
He doesn't need to hide it because everyone & every institution in American politics & society has completely normalized it. A total collapse of every norm, law, & institution in the country.
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Steven Beschloss @stevenbeschloss.bsky.social · 30/06/2026
Is it not clear now that reforming the Supreme Court must be at the top of the agenda along with accountability?
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Bill @bill-of-lefts.bsky.social · 30/06/2026
the anti-birthright idea didn’t circulate for long enough in conservative legal circles. If it had circulated for another three years it would’ve been a majority opinion. I really do not think this fight is over
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Niko Bowie @nikobowie.bsky.social · 30/06/2026
The upcoming midterm elections are going to be contested amid a broken Voting Rights Act, "rigorously" invalidated campaign-finance laws, and federal election commissioners who can be fired for no reason. The only people who voted for this absurd legal regime are the unelected justices on the Court
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mtsw @mtsw.bsky.social · 30/06/2026
celebrating the supreme court and promoting the fiction that they are standing up against Trump is an insane rhetorical stance for someone in Schumer's position. The Supreme Court Gang of Six is the leading vanguard of the plot to enslave our country, you don't have to hand it to them.
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Angus Johnston @angus.bsky.social · 30/06/2026
Justice Jackson: "Justice Thomas's telling elides the entire point of the Second Founding: The Reconstruction Amendments were an anticaste, antisubordination reset for the Nation, not a mere spot treatment for the dark stain of slavery."
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David Noll @david.noll.org · 30/06/2026
I think today shows how correct this observation from earlier in the week was. A bare majority of the Court agreeing to follow the plain language of the Fourteenth Amendment doesn't change anything.
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jamelle @jamellebouie.net · 30/06/2026
really cannot be emphasized enough that the drafters of the birthright clause very much considered cases analogous to undocumented immigrants and *included them too*
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jamelle @jamellebouie.net · 30/06/2026
anyway i think the proper takeaway here is that a bare majority of the court thinks the plain words of the 14th amendment mean what they say, that four members believe there is a secret hidden meaning only recently discovered by hack lawyers
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Ned Resnikoff @resnikoff.bsky.social · 30/06/2026
The Birthright citizenship ruling should be a wake up call to any Dem who is still on the fence about court reform. We are essentially one seat change away from the Court undoing Reconstruction by fiat.
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ElieNYC @elienyc.bsky.social · 30/06/2026
With this ruling, the birthright issue is not going away. The right hasn't really begun *organizing* around getting rid of the citizenship clause. Like Roe, this will be their fight for a generation. And if the Democrats just say "we won" and ignore it, like Roe, the Republicans will eventually win.
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Chris Hayes @chrislhayes.bsky.social · 30/06/2026
The thing you need to understand is that there are 2 (TWO) different method for amending the constitution 1) The process laid out in the constititon itself (conventions, or 2/3's of both houses followed by 3/4 of states ratifying) OR 2) find five votes on the Supreme Court.
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jamelle @jamellebouie.net · 29/06/2026
the other thing is that the extent to which all the republican justices agree that "fraud" is a problem — and the extent to which there is no possible evidence that could dissuade them or other republicans — is a reminder that claims of "fraud" are fundamentally not about the process.
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Nicholas Handler @nicholashandler.bsky.social · 29/06/2026
The idea that the FTC must be “overseen” by the President so it does not become “subservient” to Congress seems deeply hostile to the whole enterprise of electoral democracy.
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Aubrey Gilleran @aubreygilleran.bsky.social · 29/06/2026
Yes, Congress should be able to do these things. A court this contemptuous of Congress deserves to be packed by Congress, not only to correct these disastrous precedents but also because Congress needs to show both Article II and Article III who’s boss.
“On her view, Congress could commandeer the Environmental Protection Agency, the Department of Commerce, the Department of Education, the Department of Health and Human Ser-vices, most (if not all) of the Department of Justice, and a number of other agencies besides. Indeed, if Slaughter were correct, then it is not clear why Congress would need to allow the President any say in firings at all”
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jamelle @jamellebouie.net · 29/06/2026
need to start thinking now about a full package of judicial reforms: new justices, new circuits, new district courts, ethics reforms, docket reforms, and transparency reforms.
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jamelle @jamellebouie.net · 28/06/2026
this is a profound misreading of what i said here. which is that if you want to build new housing WITHOUT gentrification, you build it in places where rich people already live while providing amenities in places where low-income people live
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Adam Serwer @adamserwer.bsky.social · 27/06/2026
The new racist double standard set up by Alito in the TPS ruling: if there’s any other motive in addition to the racism, the racism doesn’t count, but if the state wants to *prevent* discrimination against black people, that is racist and unconstitutional www.theatlantic.com/ideas/2026/0...
The Roberts Court has been turning anti-discrimination law upside down for years. Its approach came into particular focus in May, with Louisiana v. Callais, in which it determined that not allowing Louisiana’s government to dilute Black votes was racist. In that case, Alito insisted that forcing the state to draw a second majority-Black congressional district would be an “unconstitutional racial gerrymander” because Republicans were entitled to discriminate against Black voters if they argued that their purpose was partisan instead of racist. The Court reaffirmed that position in a subsequent case dealing with Alabama, after a lower court had found ample evidence of deliberate racial discrimination, as opposed to the discriminatory effect of the Louisiana map.

Mullin now sets up an even more impossible double standard. If the government wants to discriminate against Black people, any pretext will do. “As long as there is a plausible basis—any plausible articulable basis—for the government’s action, then the Court will look to that basis as sufficient,” Aderson Francois, a law professor at Georgetown University, told me, “even in the face of evidence that government actors were motivated by animus.” If a Black person wants to prove they’ve been discriminated against, however, no amount of evidence will suffice.
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BeijingPalmer @beijingpalmer.bsky.social · 27/06/2026
also de Blasio froze the rent three times! Mamdani has pushed it up to a two-year freeze, but the main thing here is also that he's very good at *taking credit for doing things.* This is praise, not criticism! It's extremely important for politicians to do this.
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Ian Bassin @ianbassin.bsky.social · 26/06/2026
This is such a disturbing flex. He’s basically acknowledging that he and Trump have raised the bar on what scandals presidents can get away with so much that Watergate was nothing compared to them today. True. But yikes.
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jamelle @jamellebouie.net · 25/06/2026
John Roberts' Constitution forbids any attempt to proactively ameliorate racial discrimination and racial inequality, but permits open racial discrimination as long as there is a facially neutral explanation available, even if it isn't remotely plausible. This, my friends, is "Colorblindness."
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Maggie Blackhawk @maggieblackhawk.bsky.social · 25/06/2026
It is difficult to read the Supreme Court's opinions over the last week and not see the general trend toward accretion of Court power. Interpretive philosophies like originalism give way to "plain text" readings (by judges) and historical "standards," without any specific guidelines. /1
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Alejandra Caraballo @esqueer.net · 24/06/2026
The FTC case against WPATH has been reassigned to Judge Reed O' Connor with no reason given. DOJ is starting to centralize all of their investigations under O'Connor in NDTX. The federal courts are a joke.
A formal court order from the United States District Court for the Northern District of Texas, Fort Worth Division, filed on June 24, 2026. The document is for case number 4:26-cv-0748-P, listing the Federal Trade Commission, et al., as Plaintiffs, versus the World Professional Association for Transgender Health, Inc., et al, as Defendants. The body of the order states: "The Court ORDERS that the above-captioned case, is hereby reassigned to United States District Judge Reed O'Connor for all further proceedings and the entry of judgment." The document concludes with "SO ORDERED on this 24th day of June 2026" and bears the signature of United States District Judge Mark T. Pittman.
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eke @eke.bsky.social · 22/06/2026
this is so insane
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Legal History Blog @legalhistoryblog.bsky.social · 15/06/2026
dlvr.it
Farbman, "Towns or Counties"
Daniel Farbman (Boston College Law) has posted "Towns or Counties." The article appears in Volume 59, no. 3, of the Indiana Law Review. The abstract: The United States is a nation of counties with a latent romance for towns. The development of American local government law from the arrival of the first Europeans was defined by two opposing visions of settlement and local governance. On the one hand was the county, with its roots in the dispersed settlements and plantations of the South. On the other hand, was the town, with its roots in the communitarian congregational theocracies of New England. These models contrasted and competed in the on-the-ground progress of settler colonialism, and they contrasted and competed in the theoretical debates over how Americans should define themselves and the project of a growing continental nation/empire. On the ground, it was the dispersed settlement, protection of property rights, and minimal government of counties that spread and shaped most local government development from first arrival to 1800. But in the eyes of elites, political theorists, and the founders of the 1780s, the orderly and collective idea of the town remained a figure of political imagination and aspiration. This idealism was written into the Land Ordinance of 1785 and the Northwest Ordinance of 1787. This Article tells the history of these competing modes of settlement and imagination and how they have shaped local government law in the United States from the colonial project and into the imperial project of westward expansion. In so doing, it describes and unsettles the shape of our present local government law. Everyone who lives in the United States lives within the boundaries of at least one local government. Almost all of us live within a county boundary, and many of us live within a separate municipal boundary—in a town or a city. The structure of these governments and the differences between them not only shape the legal landscape of the most sprawling and diverse area of American public law (local government law); they also shape residents’ lived experiences and civic imaginations. It matters where people live and how they are governed there. Because it matters, the formation and adjustment of local government systems and their boundaries have been subjects of contestation, theorizing, and political imagination from the beginning of the colonization of North America. Not only has that contestation shaped the world we live in today, but it shapes the ongoing process of local government change, development, and administration.    The full article is available here. -- Karen Tani   
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Dan Froomkin/Press Watch/Heads Up News @froomkin.bsky.social · 19/06/2026
This is a jaw-dropping glimpse inside Trump’s police state. Note: all charges against this hero were dropped once NYT started asking questions. My only beef is ascribing the obvious conclusion to “critics”. Just say it.
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James Fallows @jfallows.bsky.social · 17/06/2026
Very good article in @washingtonmonthly.bsky.social by Phil Keisling, former Oregon Sec of State (and vote-from-home pioneer), on why California's voting system is an underappreciated success. Record-high primary-election turnout. Including from GOP. washingtonmonthly.com/2026/06/17/t...
washingtonmonthly.com
The Power of Vote at Home
Voter turnout under California’s vote-at-home system was off-the-charts. That’s a far more important story than waiting a week for results.
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