iiinova — where your digital self keeps evolving

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...

123

Reposted by Bryce Tuttle

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.

101

Bryce Tuttle @bryce-tuttle.com · 09/07/2026

I illustrate how the critiquing the Court as "political" is as old as the Court itself. I tell the story through the actions of Circuit Court grand juries, grand jury charges Supreme Court justices delivered, and the public response to those charges and juries. papers.ssrn.com/sol3/papers....

papers.ssrn.com

"Abuse of Speechifying": Crafting the Politics/Law Divide in the Supreme Court's First Decade

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

000

Bryce Tuttle @bryce-tuttle.com · 09/07/2026

101

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

11333104

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.”

040

Bryce Tuttle @bryce-tuttle.com · 17/06/2026

Interesting that only the “Special Projects” AD is on the complaint. Which probably means none of the heads of the other divisions were willing to put their names on this. The complaint is more political heavy than any I’ve seen from FTC before

010

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

511664

Bryce Tuttle @bryce-tuttle.com · 21/05/2026

It is always possible I misread what he said but I almost fell out of my chair.

020

Bryce Tuttle @bryce-tuttle.com · 21/05/2026

That, of course, was not close to the worst part of the talk

030

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.

054

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."

9552291188

Bryce Tuttle @bryce-tuttle.com · 21/05/2026

At a talk at Stanford Law about the book, he said--without caveats--that Marshall invented judicial review in the United States...

2122

Bryce Tuttle @bryce-tuttle.com · 21/05/2026

The universe has decided to rebalance an exclamation point deficit I guess

000

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.

010

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.

290292288271

Bryce Tuttle @bryce-tuttle.com · 14/05/2026

Thank you for always being so on top of all of these shenanigans and always providing a link to the order! Your coverage is a important service to the legal community

000

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.).

000

Reposted by Bryce Tuttle

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...

34625

Reposted by Bryce Tuttle

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.

114042

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

000

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

042

Reposted by Bryce Tuttle

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

3228101

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?

010

Reposted by Bryce Tuttle

Leah 'AntiTrustButVerify' Nylen @leahnylen.bsky.social · 15/04/2026

And we have a verdict in Live Nation!

1318

Reposted by Bryce Tuttle

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.

11058671842

Bryce Tuttle @bryce-tuttle.com · 25/03/2026

I had forgotten that he is a historian until you mentioned it… It is totally fair to criticize the marketplace of ideas framework for legal academia. Many have in interesting ways. But it is odd for a historian to do so. Even odder for a historian to ask all law profs to become organizers

020

Bryce Tuttle @bryce-tuttle.com · 25/03/2026

Astonishing to find a “legalistic posture” taken by a law professor. The authors are trying to place themselves on a higher moral plane than mere legal arguments. Which seems to assume that the search for truth or at least better arguments is not a important political act

1111

Bryce Tuttle @bryce-tuttle.com · 25/03/2026

Somehow it seems to both over and underestimate the power of scholarly argument at the same time. They overestimate its political opinion impact and underestimate its impact on judges and long-term legal culture

150

Bryce Tuttle @bryce-tuttle.com · 25/03/2026

I’m perplexed by their claim that legal scholarship critiquing Wurman and Lash is responsible for making this a legitimate subject of debate and not, I don’t know, the president. The cat was out of the bag by the time @evanbernick.bsky.social, et al “legitimized” the scholarly issue.

140

Reposted by Bryce Tuttle

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”.

65915

Bryce Tuttle @bryce-tuttle.com · 19/03/2026

But that does not mean ableism is easy for me to talk about. Thank you @ericmgarcia.bsky.social for writing about it for all of us 7/7

010

Bryce Tuttle @bryce-tuttle.com · 19/03/2026

I have been very successful academically as an adult. And I’ve been privileged beyond measure. But I will also always be that kid who is called stupid. I am lucky that because of the ADA and IDEA that I struggled more today with ableism than I do with my disability. 6/7

110

Bryce Tuttle @bryce-tuttle.com · 19/03/2026

If you know me, you know that I talk about my dyslexia openly. I talk about my assistive tech, how my brain works, and what is difficult for me. But I don’t talk about my fear of ableism that much. Talking about that brings up every single powerless moment a child with a disability faces. 5/7

100

Bryce Tuttle @bryce-tuttle.com · 19/03/2026

In my day-to-day life, I don’t experience as much ableism anymore. But comments like Donald Trump’s make sure I never forget that it exists all around me. I know from experience that ableism around learning disabilities is right under the surface for some people. 4/7

110

Bryce Tuttle @bryce-tuttle.com · 19/03/2026

Actually, I don’t remember how my classmates bullied me for it. It’s something I think I’ve blocked out. But my family has told me about how I used to come home from elementary school crying many weeks 3/7

110

Bryce Tuttle @bryce-tuttle.com · 19/03/2026

Like @ericmgarcia.bsky.social, I still remember what it feels like to be pulled out of class a few times a week to go work with a special ed (a term I wish we could put into the ground) instructor and the way my classmates bullied me for it 2/7

110

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

200

Reposted by Bryce Tuttle

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.

25800219

Reposted by Bryce Tuttle

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...

38438

Reposted by Bryce Tuttle

Alvaro M. Bedoya @bedoyausa.bsky.social · 18/02/2026

massive media mergers —> censorship

03213

Reposted by Bryce Tuttle

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.”

19950

Reposted by Bryce Tuttle

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

0275

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

000

Reposted by Bryce Tuttle

Drew Harwell @drewharwell.com · 04/02/2026

Here's who the Washington Post just laid off.

33754331

Reposted by Bryce Tuttle

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

261636436