David Froomkin @dfroomkin.bsky.social · 5hWe need to stop reaffirming that we don't expect Trump administration figures to face legal accountability for their misdeeds. Expectations produce reality. We need to start creating the expectation that they in fact will—indeed, must—face legal accountability. 24514
Reposted by David FroomkinRick Hasen @rickhasen.bsky.social · 15h"Whether he is watching too much Fox News or acting for other reasons, Justice Alito seems to be emotionally unable to rationally examine the actual evidence in the cases before him to see if they support his voter fraud arguments." democracyproject.org/posts/exorci...democracyproject.orgExorcising Justice Alito’s Voter Fraud BoogeymanA broad range of views on democracy to help break the stalemate caused by partisan conflict. 7378112
Reposted by David FroomkinJoe Dunman @joedunman.bsky.social · 29/09/2026Historically, the quality of SCOTUS opinions and orders has been sometimes good, sometimes bad. But the stuff being issued by the current SCOTUS is almost a joke at this point. Totally unprecedented absurdity, law upside down. 0195
David Froomkin @dfroomkin.bsky.social · 30/09/2026Having had several recent conversations in which my interlocutor and I disagreed about what the "left" and "right" position were on an issue, it strikes me that political theorists could devote more attention to those concepts rather than concepts with little connection to actual politics. 120
Reposted by David FroomkinDavid Froomkin @dfroomkin.bsky.social · 28/09/2026"Beyond Neoliberal Administration" takes stock of the obstacles that new doctrines in administrative law such as the major questions doctrine pose to a paradigm of progressive social policy that presupposes broad regulatory discretion. The chapter proposes a set of tools for Congress to respond.papers.ssrn.comBeyond Neoliberal AdministrationRecent developments in administrative law limit Congress's ability to confer regulatory discretion on its administrative agents. Commentators have tended to vie 152
Reposted by David FroomkinDavid Froomkin @dfroomkin.bsky.social · 28/09/2026"Beyond Neoliberal Administration," my forthcoming chapter in Building Democratic Capacity (Cambridge University Press, edited by @blakeprof.bsky.social, @joshuamacey.bsky.social, @ksabeelrahman.bsky.social, and Bijal Shah, forthcoming 2027), is now posted to SSRN. papers.ssrn.com/abstract=752... 32615
Reposted by David FroomkinJames Medlock @jdcmedlock.bsky.social · 28/09/2026We should raise taxes 754220
Reposted by David FroomkinNiko Bowie @nikobowie.bsky.social · 28/09/2026Finally the issue is not "can Congress pass bad laws." It's "what is the best remedy, in a constitutional democracy, for bad laws." The answer has not been handing supervision to the least accountable people in the fed government. It has been organizing, coalition building, and political remedies. 262
David Froomkin @dfroomkin.bsky.social · 28/09/2026It seems like AI theft of IP exacerbates a dilemma that has long existed for scholars deciding whether to post works in progress on platforms like SSRN. If they post, they risk that AI will steal their work. If they don't post, AI might still steal their work, but it's harder for them to cry foul. 130
Reposted by David FroomkinMegan Wachspress @meganwachspress.bsky.social · 28/09/2026Jettisoning a Congressional cat-and-mouse with the Roberts Court in favor of massive expansion of publicly owned and/or managed economic and social programs? Now you're playing my (and hopefully the post-2029 Democrats') tune! 051
David Froomkin @dfroomkin.bsky.social · 28/09/2026"Beyond Neoliberal Administration," my forthcoming chapter in Building Democratic Capacity (Cambridge University Press, edited by @blakeprof.bsky.social, @joshuamacey.bsky.social, @ksabeelrahman.bsky.social, and Bijal Shah, forthcoming 2027), is now posted to SSRN. papers.ssrn.com/abstract=752... 32615
David Froomkin @dfroomkin.bsky.social · 26/09/2026This may be good advice in the northeast, but we play by different rules in Houston. 291
David Froomkin @dfroomkin.bsky.social · 25/09/2026I have plenty of quibbles with the NYT list, but not including Veronica Mars in the top 100 TV shows of the 21st century is criminal. 120
Reposted by David Froomkinlastpositivist.bsky.social @lastpositivist.bsky.social · 24/09/2026At 45k followers I will reveal exactly what terminology correctly carves AI at its joints. 1220818
David Froomkin @dfroomkin.bsky.social · 24/09/2026Proponents of this view of legislative power need to grapple with the deep challenges it poses for separation of powers formalism: papers.ssrn.com/abstract=424...papers.ssrn.comThe Vesting Clauses Are Not LawSeparation-of-powers formalists treat the Constitution’s Vesting Clauses—the first sentences of Articles I, II, and III—as sources of substantive law. Perhaps m 042
Reposted by David FroomkinRick Pildes @rickpildes.bsky.social · 24/09/2026How Worried Should We Be about Threats to the Elections? At the NYT's "Interesting Times" podcast/interview, I addressed the concerns many have about threats to the election process with Sarah Isgur: www.nytimes.com/2026/09/24/o...nytimes.comOpinion | How Worried Should We Be About the Midterm Elections? (Gift Article)And how we learn to trust elections again. 155
Reposted by David FroomkinRick Hasen @rickhasen.bsky.social · 24/09/2026#ELB: My Comments on Dahlia Lithwick’s Podcast About Reslience in the Face to Threats to 2026 Election Integrity electionlawblog.org/2026/my-comment… 192
Reposted by David FroomkinGuha Krishnamurthi @ggkrishnamoomoo.bsky.social · 23/09/2026Some thoughts about a tension between textualism and originalism. It seems like the way the "history and tradition" test is being applied is anti-textualist... 🧐 Thanks to @dorfonlaw.bsky.social as always 83314
David Froomkin @dfroomkin.bsky.social · 23/09/2026Weird that Republican presidents in the 21st century have consistently done this. 040
Reposted by David FroomkinBenjamin McKean @blmckean.bsky.social · 19/09/2026On Thursday, I spoke on a panel that marked Constitution Day (educational programming Ohio State University is legally required to provide, thanks to a War on Terror-era law). And as I said there, it was surreal to talk about the U.S. Constitution when it is very clearly not in effect right now. 0176
David Froomkin @dfroomkin.bsky.social · 18/09/2026I got a lot of joy out of being reposted this morning by my favorite columnist @jamellebouie.net. 041
Reposted by David FroomkinAmanda Weiss @amandaweiss.bsky.social · 18/09/2026🚨 New Working Paper! 🚨 Do voters *like* local prisons? Are prisons that good for the economy? After years of data collection (+ using a novel estimator?!), @nottone & I find new prisons: • Reduce Republican incumbent vote shares 1-3pp • Decrease per cap. incomes >$2,500 osf.io/dnwke 🧵👇 22915
David Froomkin @dfroomkin.bsky.social · 18/09/2026Alito is not the only Republican justice who has embraced this disturbing rhetoric in recent years. It is instructive to break down what they are saying: we shouldn't count all the votes, because some segment of the electorate would become angry that their preferred candidate didn't win. 241104251
Reposted by David FroomkinDon Moynihan @donmoyn.bsky.social · 17/09/2026The fact that this is imaginary is perfect. The whole premise is based on a fantasy that the optimal form of public education is the midpoint of a polarized society. Just split the difference between the science of climate change and the lobby of denialism. 21741150
Reposted by David FroomkinMarisa Kabas @marisakabas.bsky.social · 17/09/2026LinkedIn removed my post about my latest story because the images of Republicans doing Republican things violated their community guidelines. Imagine being such assholes that even LinkedIn is like "nahhh that's too much." 291378314
David Froomkin @dfroomkin.bsky.social · 17/09/2026This is a good question to be asking on Constitution Day: how much of the Constitution remains in effect? Not much of Article I. (Congress is absent.) Not much of Article II (the whole thrust of which is opposing the UET). Some Article III, to the extent that court orders still get obeyed. 33313
Reposted by David FroomkinNiko Bowie @nikobowie.bsky.social · 17/09/2026Bret Stephens’s take is dangerous. He urges us not to “tinker” with the Court—one that gutted the VRA, allowed billionaires to dominate spending, and gave Trump immunity to commit election crimes—because it didn’t ALSO let Trump illegally control mail ballots. Daphna & I anticipated his move here.slate.comJohn Roberts’ New Role Model Demonstrates Everything Wrong With the Supreme Court (Gift Article)If the court is curling up anywhere, it is at the feet of a presidency increasingly unchecked by law. 1207
Reposted by David FroomkinNiko Bowie @nikobowie.bsky.social · 17/09/2026Takes like these—the court just acted with integrity! how could we “tinker” with such an upstanding group—are good evidence for @dfroomkin.bsky.social’s hypothesis that today’s Supreme Court rules certain ways to preempt future regulation by Congress 1247
David Froomkin @dfroomkin.bsky.social · 17/09/2026This is why educators have a duty to maintain educational standards. This guy allegedly studied economics in college. 051
Reposted by David FroomkinLawprofblawg @lawprofblawg.bsky.social · 16/09/2026After lighting house on fire and watching it burn, brave arsonist stands up to fire by pouring remnants of his water bottle on smoldering embers. #Satire 28119
Reposted by David FroomkinBrendan Nyhan @brendannyhan.bsky.social · 15/09/2026Relief we wouldn't need to feel in a stable democracy 012721
Reposted by David FroomkinLarry Glickman @larryglickman.bsky.social · 15/09/2026"One 2025 study out of M.I.T. found that people who used chatbots as writing assistants struggled to remember what they had written only minutes after finishing their essay." www.nytimes.com/2026/09/15/u...nytimes.comUniversities Sound Warnings About A.I. Even as They Embrace ItAs A.I. upends education, university leaders have been all over the map about how to respond. It can be very confusing for students. 1216263
David Froomkin @dfroomkin.bsky.social · 15/09/2026As incredible as it is, it seems that a lot of people still have not wrapped their heads around the fact that the guy in charge of the executive branch tried to do a coup the last time he lost an election. 260
Reposted by David FroomkinDan Nexon @dhnexon.net · 14/09/2026What single variable explains almost all of the variation in protections for the trans community across U.S. states? 4265
David Froomkin @dfroomkin.bsky.social · 15/09/2026I'm still not sure I would advise voters to cast mail ballots if they have an alternative. The Court may have done the right thing today, but we don't know whether the executive branch will follow the law. 6378
David Froomkin @dfroomkin.bsky.social · 15/09/2026This is depraved behavior. The last two years have made me so much more carceral. 060
Reposted by David FroomkinAmanda Weiss @amandaweiss.bsky.social · 14/09/2026Yet another reason to be REALLY, REALLY CAREFUL about using AI to label and analyze qualitative data. 092
David Froomkin @dfroomkin.bsky.social · 14/09/2026This is excellent. "Holding a convention would undeniably be risky. But not holding a convention would be risky as well, insofar as the existing constitutional order has contributed to a profound set of problems that have proven stubbornly resistant to other modes of repair."papers.ssrn.comBack to Philadelphia? The Uneasy Case for a New Constitutional Convention<p><span>No country has ever had a written constitution in longer continuous operation than the United States. Such resilience is cause for commemoration. But f 130
Reposted by David FroomkinSchooley @schooley.bsky.social · 14/09/2026Of all the late stage Trump theories, wants the world to die with him seems increasingly credible. 621755408
David Froomkin @dfroomkin.bsky.social · 14/09/2026This has been one of Trump's central effects on politics since the very beginning. I remember in 2016 noting the striking contrast between the Democratic and Republican presidential primary debates. The Democrats discussed policy disagreements. The Republicans competed to spew the most hatred. 093
Reposted by David FroomkinJeffrey Vagle @jvagle.me · 13/09/2026When I was quite young, I saw Corrie ten Boom's The Hiding Place, and I try to imagine telling my younger self why this sentence needs to exist in America today. 1102
David Froomkin @dfroomkin.bsky.social · 13/09/2026Denazification needs to be a central plank of Project 2029. 1374
Reposted by David FroomkinDan Nexon @dhnexon.net · 13/09/2026As I've noted before, the vibes here are very 2006. Given that the 2028 Senate map only includes two "normal" Democratic pickup opportunities, it's *really* important to run up the tally if we are going to have any hope of major reforms in 2029.* 2195
Reposted by David FroomkinWill @popher.bsky.social · 13/09/2026I'm reading this article and its actually very interesting. 231
David Froomkin @dfroomkin.bsky.social · 13/09/2026Consequences of current Senate malapportionment: * Republicans are overrepresented in the Senate. * The 50th vote in the Senate is skewed to the right of national opinion. * If a Republican, they can get away with being very far-right. * If a Democrat, they are pulled to the right to be competitive. 3177
David Froomkin @dfroomkin.bsky.social · 13/09/2026Have political scientists studied the phenomenon of voters who are willing to cut off their nose to spite their face? It is deeply at odds with the behavioral/cognitive assumptions behind spatial voting (which, last I checked, was the dominant theory). 360
Reposted by David FroomkinMatt Szafranski @mszafranski.bsky.social · 13/09/2026Well, and how broken Florida is. 043
David Froomkin @dfroomkin.bsky.social · 13/09/2026Democrats being on track to control 52 of 100 Senate seats after two years of the most deranged presidency in modern history is a testament to how deeply broken the design of the Senate is. papers.ssrn.com/abstract=379...papers.ssrn.comSaving Democracy from the SenateIt should not be surprising that Americans say they are frustrated with their national institutions. Congress, particularly the Senate, responds poorly to the p 1930774
David Froomkin @dfroomkin.bsky.social · 13/09/2026Woke: Trump isn't smart. Bespoke: Trump isn't President. 040
Reposted by David Froomkin@NewsJennifer (Jennifer Schulze) @newsjennifer.bsky.social · 12/09/2026Credit to PBS News. This is by far one of the most accurate descriptions of what trump did. None of the sanewashing we saw with so much of the news coverage. 222159703