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Bryce Tuttle

@bryce-tuttle.com
486 followers 256 following 96 posts

Stanford Law ‘26. Interested antitrust, constitutional law, federal courts, and anti-corruption. Previously: Office of FTC Cmr. Bedoya, FTC Bureau of Competition. he/him. Views mine. *Not admitted to practice law.

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Reposted by Bryce Tuttle
Open Markets Institute @openmarkets.bsky.social · 29/09/2026
In a groundbreaking new legal paper, Sandeep Vaheesan argues companies that systematically violate labor, consumer, copyright, environmental, and other laws to undercut rivals are engaging in an unfair method of competition...
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Bryce Tuttle @bryce-tuttle.com · 09/07/2026
I am thrilled to share that my paper “'Abuse of Speechifying': Crafting the Politics/Law Divide in the Supreme Court’s First Decade" is going to be published in the Journal of Supreme Court History next summer! I welcome feedback and suggested revisions.
Forthcoming 52 J. SUP. CT. HIST. (2027) Draft June 5, 2026
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“Abuse of Speechifying”: Crafting the Politics/Law Divide in the
Supreme Court’s First Decade
Abstract
What actions are too “political” for a Supreme Court justice? This question has
been the subject of intense debate since the beginning of the republic. In this note,
I reveal the misunderstood beginnings of this debate and, in chronicling how it
transformed the judicial role, I will show how critiquing the judiciary as “political”
and partisan is a practice as old as the Constitution itself. I do so by examining the
lengthy “charges” the Supreme Court Justices delivered to federal grand juries
while they rode Circuit and the increasingly negative public responses to them.
Through the lens of the charges, one sees that justices and their political opponents
had a fundamental disagreement about what was appropriately “judicial” and what
was too “political.” This disagreement shaped our judiciary in its first years and is
the origin of our current debates about the boundaries between politics and judging.
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Bryce Tuttle @bryce-tuttle.com · 09/07/2026
I am thrilled to share that my paper “'Abuse of Speechifying': Crafting the Politics/Law Divide in the Supreme Court’s First Decade" is going to be published in the Journal of Supreme Court History next summer! I welcome feedback and suggested revisions.
Forthcoming 52 J. SUP. CT. HIST. (2027) Draft June 5, 2026
1
“Abuse of Speechifying”: Crafting the Politics/Law Divide in the
Supreme Court’s First Decade
Abstract
What actions are too “political” for a Supreme Court justice? This question has
been the subject of intense debate since the beginning of the republic. In this note,
I reveal the misunderstood beginnings of this debate and, in chronicling how it
transformed the judicial role, I will show how critiquing the judiciary as “political”
and partisan is a practice as old as the Constitution itself. I do so by examining the
lengthy “charges” the Supreme Court Justices delivered to federal grand juries
while they rode Circuit and the increasingly negative public responses to them.
Through the lens of the charges, one sees that justices and their political opponents
had a fundamental disagreement about what was appropriately “judicial” and what
was too “political.” This disagreement shaped our judiciary in its first years and is
the origin of our current debates about the boundaries between politics and judging.
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Reposted by Bryce Tuttle
Jonathan Gienapp @jgienapp.bsky.social · 30/06/2026
One of the most incredible things I have ever worked on: Recently discovered documents, written by John Dickinson in 1775, that reveal his secret and previously unknown efforts to prevent the American Revolution. Now featured in the New York Times. www.nytimes.com/2026/06/30/u...
nytimes.com
A Founder’s Previously Unknown Attempt to Avert the Revolutionary War
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Bryce Tuttle @bryce-tuttle.com · 29/06/2026
Sotomayor, dissenting in Slaughter: “[Fealty to the Constitution] also means respecting precedent—not as a wooden exercise, but out of a recognition that, whatever our confidence in the theories of the present moment, the wisdom of our founding document does not belong to today's Justices alone.”
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Reposted by Bryce Tuttle
Alvaro M. Bedoya @bedoyausa.bsky.social · 15/06/2026
A Paramount-WBD merger would hit Atlanta *hard*: - 6K in predicted layoffs will hit ATL heavy due to overlapping back-end ops - Turner/WBD’s Techwood campus may be sold - Fewer films = less work for Trilith, Assembly, Shadowspace - This comes AFTER huge cuts at TCM, Adult Swim & Cartoon Network
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Leah 'AntiTrustButVerify' Nylen @leahnylen.bsky.social · 05/06/2026
The FTC is taking credit for forcing a company to go out of business. www.ftc.gov/news-events/...
ftc.gov
‘Architect’ of Law Firm DEI Programs Dissolves
Diversity Lab LLC, a for-profit diversity, equity and inclusion (DEI) consultancy, has permanently ceased operations following a Federal Trade Commission investigation.
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Reposted by Bryce Tuttle
Richard M Re @richardre.bsky.social · 29/05/2026
www.scotusblog.com/2026/05/the-...
scotusblog.com
The Supreme Court’s common sense problem
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Bryce Tuttle @bryce-tuttle.com · 21/05/2026
In the 1790s, Democratic-Republicans spent hundreds of newspaper pages criticizing Federalists' conduct in front of grand juries for Sedition Act indictments and they never allege conduct anywhere near as improper as this.
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Reposted by Bryce Tuttle
Literal Ham @literalham.bsky.social · 21/05/2026
HOLY FUCKING SHIT
Parente, who was a federal prosecutor for 15 years, said he had never heard of anything as bad as the conduct in the Broadview Six grand jury sessions. He said that while he has not yet been able to review the unredacted transcripts, Judge April Perry gave a summary in court of her impressions. She said she had reviewed thousands of pages of grand jury transcripts in her career and had never seen anything worse than what she saw in these pages.

Parente said during the grand jury sessions, prosecutors used vouching, which he called a "101 no-no for any prosecutor," kicked out grand jury members who disagreed with them, did not disclose that a No True Bill – which indicates no indictment – had been returned to either the defense or the public. Parente also said that after receiving the No True Bill from one grand jury, they re-presented their case after excluding grand jurors who disagreed with them. The grand jury then returned a True Bill to indict the "Broadview Six."
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Bryce Tuttle @bryce-tuttle.com · 20/05/2026
Say it with me: “the stock market is not the economy.” www.nytimes.com/2026/05/19/b...
Unlike during last year's tariff turmoil, Mr. Trump appears less willing to back down over Iran, analysts say. The economy is otherwise in good shape, underpinned by the growth of artificial intelligence and blockbuster corporate profits. The stock market has risen for seven consecutive weeks, hitting record highs along the way.
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Reposted by Bryce Tuttle
Isaac G. Bryan @ib2real.bsky.social · 16/05/2026
Thousands are marching in Selma calling for a full restoration of the voting rights act.
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Bryce Tuttle @bryce-tuttle.com · 12/05/2026
Rereading Trump v. United States and this passage particularly aged like milk
 The dissents’ positions in the end boil down to ignoring the Constitution’s separation of powers and the Court’s precedent and instead fear mongering on the basis of extreme hypotheticals about a future where the President ‘‘feels empowered to violate federal criminal law.’’ Post, at 2365 (opinion of SOTOMAYOR, J.); see post, at 2369, 2371 – 2372; post, at 2375 2377, 2377, 2378, 2380, 2382 – 2383 (opinion of JACKSON, J.).
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Michael C. Dorf @dorfonlaw.bsky.social · 07/05/2026
The latest claim that campus left-wing radicals are silencing right-wing speakers concerns a Fed Soc-hosted talk by the Homeland Security General Counsel at UCLA Law School. Unsurprisingly, the facts don't support the accusation, as UCLA Law Prof David Marcus details in a guest post on the blog. 👇
dorfonlaw.org
Meaningful Campus Engagement with Government Officials: A Response to UCLA’s Critics (Guest Post By UCLA Law Professor David Marcus)
On Tuesday, April 21, UCLA Law’s Federalist Society chapter hosted a lunchtime event with James Percival, general counsel at the U.S. Depart...
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Hakeem Jefferson @hakeemjefferson.bsky.social · 02/05/2026
A necessary read. Those of us who believe in the promise of multiracial democracy must demand more from those who represent us. This Court has consistently undermined hard-won progress toward a freer and more equal country. Everything must be on the table. No court should have this much power.
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Bryce Tuttle @bryce-tuttle.com · 02/05/2026
Such an excellent piece by @nikobowie.bsky.social and Daphna Renan. A good reminder that both the successes and failures of the past can inspire us to try again www.nytimes.com/2026/05/02/o...
nytimes.com
Opinion | Ruling by Ruling, the Supreme Court Is Undoing the Civil Rights Movement
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Bryce Tuttle @bryce-tuttle.com · 25/04/2026
Discussions like this indicate how companies must truly believe federal antitrust scrutiny is a thing of the past in this administration. I’m glad states are building up capacity to challenge these mergers www.nytimes.com/2026/04/24/b...
nytimes.com
SiriusXM Said to Be in Early Talks to Acquire iHeartMedia
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CREW @citizensforethics.org · 24/04/2026
Following the OLC's opinion that the Presidential Records Act is unconstitutional, the White House told its employees that most text messages don't need to be preserved. That's not how the law works. The Trump admin can't decide to ignore it. So we sued.
nytimes.com
White House Allowed Officials’ Text Messages to Be Deleted, Lawsuit Says
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Bryce Tuttle @bryce-tuttle.com · 20/04/2026
“[Roberts’s] project is not to withdraw the Court from politics, but to entrench its authority within it. He is committed to sustaining and expanding the Court’s capacity to decide foundational questions of governance.” Excellent post from @beaubaumann.bsky.social open.substack.com/pub/bbaumann...
open.substack.com
How Ideology Reinforced Juristocratic Thinking on the Shadow Docket
And in what sense is John Roberts an institutionalist?
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Leah 'AntiTrustButVerify' Nylen @leahnylen.bsky.social · 15/04/2026
And we have a verdict in Live Nation!
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Josh Chafetz @joshchafetz.bsky.social · 27/03/2026
1/ It's not just that unilaterally paying TSA agents is illegal. It's that Trump has now repeatedly undermined the core of the congressional power of the purse. He's not spending money that has been appropriated by law (impoundments) and he's spending money that has not been appropriated.
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Jake Charles @jacobdcharles.bsky.social · 25/03/2026
Birthright citizenship is not my lane, but I sometimes get this critique re legitimation when I write about the Second Amendment. It seems to me—among other things—to ignore the reality that legal arguments & historical analysis can often *themselves* significantly affect the “political dynamics”.
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Bryce Tuttle @bryce-tuttle.com · 19/03/2026
This piece captures the feelings I had as a person with dyslexia watching this story play out in the media this week. I am grateful that @ericmgarcia.bsky.social wrote this piece for people like me 1/7
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Megan Wachspress @meganwachspress.bsky.social · 17/03/2026
I've been getting quite a few questions from press, etc. and so wrote up something a little bit longer here: cooperativeoverlapping.substack.com/p/a-fuller-s...
cooperativeoverlapping.substack.com
A Fuller Statement About My Bluesky Posts
Let me paint a picture of what it was like to be a woman math major at the University of Chicago circa 2004.
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Jonathan Gienapp @jgienapp.bsky.social · 12/03/2026
New symposium on my book is out in the Yale Journal of Law & the Humanities! It features essays by an extraordinary group of scholars from across Law and History followed by my response. yaleconnect.yale.edu/yjlh/yjlh-is...
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Alvaro M. Bedoya @bedoyausa.bsky.social · 18/02/2026
massive media mergers —> censorship
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Daphne Keller @daphnek.bsky.social · 12/02/2026
Utterly foreseeable and deeply chilling. FTC hiring an attorney whose full time job will be to, as Chairman Ferguson put it in his leaked memo to Trump when he was trying to get the job, fight the “trans agenda.”
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Shannon Osaka @shannonosaka.bsky.social · 07/02/2026
from the NYT: 'Katie Mettler, a former chair of the Washington Post guild, said: “I’m glad Will Lewis has been fired. I wish it had happened before he fired all my friends.”' www.nytimes.com/2026/02/07/t...
nytimes.com
Washington Post C.E.O. Will Lewis Steps Down After Stormy Tenure
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Bryce Tuttle @bryce-tuttle.com · 07/02/2026
Yet another politically motivated FTC investigation and yet another threat to the First Amendment. Notably, this investigation started after @bedoyausa.bsky.social and Commissioner Slaughter were illegally fired. Minority-party Cmr.s provide a critical whistleblower function at agencies like the FTC
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Drew Harwell @drewharwell.com · 04/02/2026
Here's who the Washington Post just laid off.
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Rachel Shelden @rachelshelden.bsky.social · 02/02/2026
The idea that the Court should operate entirely in secret is a modern phenomenon. The idea that the Court should be separated from the public is a modern phenomenon. Earlier generations did not accept a powerful, isolated & secretive Court and we shouldn't either 1/6 www.nytimes.com/2026/02/02/u...
nytimes.com
How the Supreme Court Secretly Made Itself Even More Secretive
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Bryce Tuttle @bryce-tuttle.com · 31/01/2026
Congress must enact Section 1983 for Federal officers. Law students and law professors, sign here: docs.google.com/document/d/1...
docs.google.com
Legal Scholar and Law Student Letter to Members of Congress.docx
U.S. House of Representatives U.S. Senate Washington, D.C. 20515 Washington, D.C. 20510 [DATE], 2026 Dear Me...
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Bryce Tuttle @bryce-tuttle.com · 28/01/2026
Every new thing I learn about Francis Perkins convinces me more she is the best model for how to make just, effective government happen. Thanks, @elizabethwwilkins.bsky.social, for raising this example
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Bryce Tuttle @bryce-tuttle.com · 28/01/2026
While Democrats in Congress have had to be dragged into the most minor forms of resistance by their constituents, local officials are taking accountability seriously
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Andy Craig @andycraig.bsky.social · 25/01/2026
I get the impulse to push for more, harder, faster, but it's worth noting here: the lawyers for both the state and various other plaintiffs have been working their asses off at absolute breakneck speed today.
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Bryce Tuttle @bryce-tuttle.com · 19/01/2026
Excellent piece on the problems with federal immunity doctrines from @ij.org’s Anya Bidwell and @pjaicomo.bsky.social—folks who have been litigating these issues before SCOTUS and other courts for years news.bloomberglaw.com/us-law-week/...
news.bloomberglaw.com
Renee Good’s Family Will Hit Federal Immunity Wall if They Sue
Opinion: The ICE officer who shot Renee Nicole Good in Minneapolis last week stands in the shadow of federal protection. Minnesota should join other states in passing remedies that empower survivors a...
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Federal Reserve @federalreserve.gov · 12/01/2026
Video message from Federal Reserve Chair Jerome H. Powell: www.youtube.com/watch?v=KckG... www.federalreserve.gov/newsevents/s...
youtube.com
Statement by Federal Reserve Chair Jerome H. Powell
YouTube video by Federal Reserve
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Hakeem Jefferson @hakeemjefferson.bsky.social · 11/01/2026
This beautifully written piece by my pal @adambonica.bsky.social is worth your time today. A bit of light amid the darkness. open.substack.com/pub/data4dem...
open.substack.com
The Wall Looks Permanent Until It Falls
On the optimism of preparation in a time of democratic decay.
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Bryce Tuttle @bryce-tuttle.com · 11/01/2026
Highly recommend this essay from @adambonica.bsky.social open.substack.com/pub/data4dem...
open.substack.com
The Wall Looks Permanent Until It Falls
On the optimism of preparation in a time of democratic decay.
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StrictlyChristo 🇺🇦🌻 @strictlychristo.bsky.social · 09/01/2026
Stephen Colbert on the ICE murder of Renee Nicole Good: “The message from this administration is clear. Only they determine the truth. And when their forces come to your city: obey or die. And if you die, you clearly didn’t obey. This should be an alarm bell for the entire country.”
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Congresswoman Robin Kelly @robinkelly.house.gov · 08/01/2026
I am impeaching Secretary Kristi Noem, who is an incompetent leader and a disgrace to our democracy. She wreaked havoc in the Chicagoland area and has brought her reign of terror to Minneapolis. One of her rogue ICE agents shot and killed an innocent woman today. It must come to an end.
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United Farm Workers @ufw.bsky.social · 08/01/2026
A year ago today was the start of violent, terrorizing raids in California’s rural Central Valley. Violent federal agents were hunting down farm workers like animals. Today, they’re in the streets of Minneapolis. Our communities should not be enduring this. None of us are safe until all of us are.

We mourn the loss of every soul killed by ICE and Border Patrol.
Whether immigrant or U.S. Born.
On our streets. At our work.
In their detention centers.
From Renee Nicole Good to Jamie Alanis Garcia.
Todos Presente.Lamentamos la pérdida de cada vida asesinadas por ICE y la Patrulla Fronteriza, ya sea de inmigrantes o de personas nacidas en Estados Unidos.
En nuestras calles. En nuestros lugares de trabajo. Y en sus centros de detención.
Desde Jaime Alanis Garcia hasta Renee Nicole
Good, todos presentes.
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Jake Grumbach @jakemgrumbach.bsky.social · 14/12/2025
In the early 90s this Jewish family kept getting harassed in Montana, so the entire town of Billings put up menorahs in their windows in solidarity Now Ahmed al Ahmed is part of this tradition too, as he figuratively did the most putting up of a menorah in the window that a human being can ever do
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Bryce Tuttle @bryce-tuttle.com · 08/12/2025
This @nytimes.com article adds useful context to the trend I discussed in @theslingutah.bsky.social . Well worth a read. www.nytimes.com/2025/12/08/t...
nytimes.com
The F.T.C. Chairman Who Tilted the Agency to Trump
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Bryce Tuttle @bryce-tuttle.com · 05/12/2025
“[W]ith each unprofessional, craven political stunt Chair Ferguson pulls with the FTC…Chair Ferguson burns the FTC’s credibility.” I wrote in @theslingutah.bsky.social about the FTC’s recent comments about Judge Boasberg. www.thesling.org/the-attack-o...
thesling.org
The Attack on Judge Boasberg Burns the FTC’s Credibility - The Sling
With each unprofessional, craven political stunt Chair Ferguson pulls with the FTC—from investigating Elon Musk’s political opponents to threatening Google over allegedly “partisan” email filtering to...
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Bryce Tuttle @bryce-tuttle.com · 27/10/2025
As the national guard cases head to the Supreme Court, two passages from Ernst Frankel’s The Dual State stick with me:
No doubt, the National-Socialist coup d'etat of 1933 was, at least technically, facilitated by the executive and judicial practice of the Weimar Republic. Long before Hitler's dictatorship, the courts had held that questions as to the necessity and expediency of martial law were not subject to review by the courts.However, the National-Socialists would probably have been successful even had such constitutional-judicial safeguards existed. The absence of a legal tradition analogous to the Anglo-American tradition enabled them, however, to render lip service to the laws, a procedure found useful during the transitional period, when the army and the officialdom were not entirely dependable.
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Alvaro M. Bedoya @bedoyausa.bsky.social · 15/10/2025
I used to focus on left versus right. Now I’m much more worried about the money at the top. But while it might seem strange to say it, I think this is a hopeful way of looking at the world that opens the door to coalitions that seemed impossible before. My first for the @newrepublic.com:
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Protect Democracy @protectdemocracy.org · 15/10/2025
Former FTC Commissioner @bedoyausa.bsky.social's new piece in @newrepublic.com gives a glimpse of what’s at stake for Americans if SCOTUS allows the president the authority to fire FTC officers without cause.
newrepublic.com
How I Became a Populist
My time at the Federal Trade Commission—before Donald Trump fired me—totally changed the way I see our political divide.
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Stephen West @stephenwest.bsky.social · 13/10/2025
How W. E. B. Du Bois responded to government policing of "anti-American" sentiment during the 1910s: "I took great satisfaction in being able to sit back in my chair and answer blandly, 'We are seeking to have the Constitution of the United States thoroughly and completely enforced.' ”
Federal agents invaded even the offices of The Crisis and the National Association for the advancement of colored people and asked searching questions: " just what, after all, were our objects and activities?” I took great satisfaction in being able to sit back in my chair and answer blandly, “We are seeking to have the constitution of the United states thoroughly and completely enforced.” It took some ingenuity, even for Southerners, to make treason out of that.
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Anil Kalhan @akalhan.bsky.social · 27/09/2025
What we might refer to as a "Kavanaugh Stop"
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