iiinova — where your digital self keeps evolving

Reposted by Eric Segall

Barred and Boujee aka Madiba Dennie @audrelawdamercy.blacksky.app · 16h

I wrote about the Supreme Court's nonstop lawless cruelty ballsandstrikes.org/scotus/ketan...

Screenshot of a paragraph excerpted from the linked article, with the text highlighted in green from the word "But" onwards. Excerpt reads as follows:

In places like Thursday’s speech and Friday’s dissent, Jackson has continuously sought to call attention to the deeply perverse ways that the Court is exercising its equity jurisdiction on the shadow docket. Under the Court’s precedents, emergency applicants are supposed to show that they’re “likely to succeed on the merits” of their appeal from a lower court’s ruling, that they will be “irreparably injured” without immediate relief, and that the balance of the equities tilts in their favor; in other words, fairness is both the explicit purpose and the explicit standard. But the Republican justices have repeatedly abandoned those standards in service of their own purposes. And when the people empowered to wield equitable jurisdiction are actively hostile to the concept of equity, they produce injustice instead.

Eric Segall @espinsegall.bsky.social · 14h

Great stuff from @rickhasen.bsky.social “Whether he is watching too much Fox News or acting for other reasons, Alito seems to be emotionally unable to rationally examine the evidence in the cases before him to see if they support his voter fraud arguments.” democracyproject.org/posts/exorci...

democracyproject.org

Exorcising Justice Alito’s Voter Fraud Boogeyman

A broad range of views on democracy to help break the stalemate caused by partisan conflict.

1145

Reposted by Eric Segall

Rick Hasen @rickhasen.bsky.social · 14h

"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.org

Exorcising Justice Alito’s Voter Fraud Boogeyman

A broad range of views on democracy to help break the stalemate caused by partisan conflict.

7377112

Reposted by Eric Segall

Michael C. Dorf @dorfonlaw.bsky.social · 29/09/2026

There is a housing shortage in wealthy countries around the world. On the blog, Prof Neil Buchanan explains that it is not mostly a product of over-regulation of the building of housing but a complex of misaligned regulations and norms (including the preference for owning rather than renting). 👇

dorfonlaw.org

Affordability, the "Wealth Ladder," and the True Causes of the Housing Shortage

Count Binface became an international phenomenon this past summer. For those who are unaware, the Count is a "novelty candidate" who has u...

053

Eric Segall @espinsegall.bsky.social · 16h

This is a spectacular essay about the Supreme Court by @bbaumann.bsky.social. Just read it. bbaumann.substack.com/p/function-w...

bbaumann.substack.com

Function without Myth

Rewatching “The Crown”

173

Reposted by Eric Segall

Beau Baumann 🍎 @beaubaumann.bsky.social · 30/09/2026

Wrote a new Substack about what happens when institutions lose their originating mythology and end up surviving on their function in society. This is a theme brought up in my rewatch of "The Crown." But it is making me think about American juristocracy and displays of institutional morality.

bbaumann.substack.com

Function without Myth

Rewatching “The Crown”

4164

Reposted by Eric Segall

Eric Segall @espinsegall.bsky.social · 16h

This is as accurate a description of SCOTUS as I’ve seen: bbaumann.substack.com/p/function-w...

bbaumann.substack.com

Function without Myth

Rewatching “The Crown”

273

Reposted by Eric Segall

Michael C. Dorf @dorfonlaw.bsky.social · 18h

🧵My new column for @justiaverdict.bsky.social praises the US Civil Rights Comm'n report on campus antisemitism for calling out illegal & unhelpful Trump admin actions. I also rebut a claim that the Comm'n should have endorsed a definition of antisemitism, following up on my earlier testimony. /1

verdict.justia.com

The U.S. Civil Rights Commission Tackles Campus Antisemitism with Justified Nuance

Cornell Law professor Michael C. Dorf discusses the U.S. Civil Rights Commission’s final report on the federal response to campus antisemitism, examining both its bipartisan findings and the separate....

353

Reposted by Eric Segall

Michael @bravesandbirds.bsky.social · 29/09/2026

Phillies fans encounter a fan base that is gainfully employed. bsky.app/profile/defr...

162

Reposted by Eric Segall

Aaron Rupar @atrupar.com · 29/09/2026

Jack Smith: "History teaches that the rule of law is rarely destroyed all at once. It's often weakened by attacks on the institutions and the public servants sworn to uphold it. Since January 2025, we have witnessed precisely such an effort."

688277079441

Reposted by Eric Segall

Anthony Michael Kreis @anthonymkreis.bsky.social · 29/09/2026

Today in Constitutional Law:

71168

Eric Segall @espinsegall.bsky.social · 29/09/2026

So Alito recuses in huge climate change case. He knows he has the votes for preemption of lawsuits against the states….

2152

Eric Segall @espinsegall.bsky.social · 28/09/2026

Teaching Slaughter/Cook tonight. That these cases came down the same day, no matter what you think about the ultimate issues, is just insane. The two cases cannot be reconciled in any manner that does not torture text, history, policy, logic or common sense. They have no shame. #notacourt

3101

Eric Segall @espinsegall.bsky.social · 28/09/2026

“Until the American public sees the Court in a fundamentally different way, not because of disagreement with decisions, but as an institution defective in original design, the chances of [major SCOTUS reform] are slim.” www.dorfonlaw.org/2026/09/if-y...

dorfonlaw.org

If You Come at the the King, You Best not Miss: The Uphill Battle for Supreme Court Reform

Critiques of judicial supremacy and proposals limiting the Supreme Court's power are common on the left side of the legal academy these days...

494

Reposted by Eric Segall

Jerry Edwards @jerryedwards.bsky.social · 28/09/2026

Yes, and it took courage to accept all those gifts knowing he'd be criticized for it, Eric. It also takes a lot of courage for Thomas to do history so badly in so many cases. Just think of all the historians who keep dunking on him. Yet, he is undeterred. A profile in courage.

152

Reposted by Eric Segall

Doug Pennington @morfaleji.bsky.social · 28/09/2026

Also useful exchange in the comments ⬇️

032

Eric Segall @espinsegall.bsky.social · 28/09/2026

Woke up to this monstrous essay today. Reminder, Billionaire Harlan Crow subsidized Thomas’ wife’s salary, kid’s private school tuition, and mother’s house. Plus trips, RV’s, etc. And yet this:

4187

Reposted by Eric Segall

Niko Bowie @nikobowie.bsky.social · 28/09/2026

Another is that if we want a Congress less likely to enact horrible laws, we need to make Congress better—more democratic, less corrupt. This requires new statutes. And yet judicial supremacy is the primary obstacle in the way of any plausible new statute Congress might enact.

272

Reposted by Eric Segall

Niko Bowie @nikobowie.bsky.social · 28/09/2026

One response is that this laudable, reasonable concern about bad federal laws is what has gotten us into our current crisis. A Court empowered to strike down what it thinks is "torture" is also empowered to strike down a Voting Rights Act, cap on corporate spending, or restriction on the president.

2103

Reposted by Eric Segall

Niko Bowie @nikobowie.bsky.social · 28/09/2026

You're raising a key counterargument: if a fed statute is the final word on what the Constitution means, what happens when Congress enacts bad laws? Don't we want a politically insulated Court out there to invalidate laws it says are "torture" (or not "appropriate," or violations of "free speech")?

162

Reposted by Eric Segall

Beau Baumann 🍎 @beaubaumann.bsky.social · 28/09/2026

Very good book. Just has a weird thing where after convincing you the folks in black robes are a bunch of pathological goof balls, the vertical-horizontal review thing is harder to swallow. And you could say “well somebody has to enforce federal law,” but you want a more searching exam of who/how.

263

Reposted by Eric Segall

Niko Bowie @nikobowie.bsky.social · 28/09/2026

In short we’re not saying vertical review or review of the executive are “exceptions” from our critique of judicial supremacy. We’re saying judicial supremacy obstructs Congress’s power to hold states/presidents accountable under federal law and Congress’s own interpretation of the Constitution

192

Reposted by Eric Segall

Niko Bowie @nikobowie.bsky.social · 28/09/2026

The same is true for review of executive actions. Courts routinely assess the constitutionality of agency actions—as the APA instructs them to do. All good. Absent judicial supremacy, if Congress disagrees with how the courts have interpreted the Constitution—a la Trump v. US—Congress can act.

1103

Reposted by Eric Segall

Niko Bowie @nikobowie.bsky.social · 28/09/2026

Vertical review via 1983 of course involves constitutional interpretation. 1983 explicitly calls for it. But absent judicial supremacy over acts of Congress, Congress can reverse rulings whose constitutional interpretation it disagrees with.

1103

Reposted by Eric Segall

Niko Bowie @nikobowie.bsky.social · 28/09/2026

Thanks so much for engaging Eric. To answer your main question, we do think Congress can control the scope of vertical review. We understand it as nothing more than the enforcement of federal law. So yes, Congress could, say, pass a law restricting fed courts from invalidating state gun/labor laws.

182

Reposted by Eric Segall

Anthony Michael Kreis @anthonymkreis.bsky.social · 28/09/2026

Very excited to read this!

1111

Eric Segall @espinsegall.bsky.social · 28/09/2026

My review of Bowie and Renan’s new book, "Supremacy: How Rule by the Court Replaced Government by the People.” A lot to like but if you “Come for the King, You Best not Miss.” www.dorfonlaw.org?m=1

3248

Reposted by Eric Segall

Michael C. Dorf @dorfonlaw.bsky.social · 28/09/2026

@espinsegall.bsky.social praises the new book "Supremacy" by @nikobowie.bsky.social & @daphnarenan.bsky.social while questioning their distinction between jud'l review of state & fed'l laws & their claim that courts exercise jud'l review of state laws under fed'l statutes rather than the Const'n. 👇

dorfonlaw.org

If You Come at the the King, You Best not Miss: The Uphill Battle for Supreme Court Reform

Critiques of judicial supremacy and proposals limiting the Supreme Court's power are common on the left side of the legal academy these days...

085

Eric Segall @espinsegall.bsky.social · 28/09/2026

Playing 162 games and then having a best of three elimination seems super stupid. Just saying.

570

Eric Segall @espinsegall.bsky.social · 27/09/2026

Holding in football is like originalism in constitutional interpretation. The application of the standard changes all the time. That’s all.

191

Reposted by Eric Segall

Anthony Michael Kreis @anthonymkreis.bsky.social · 27/09/2026

I have been thinking about, posting about, and commenting on Georgia politics for the better part of a decade and a half. The best, singular metric of outcome is Black voter turnout. Our politics are so racially polarized (though less so now than in 2011), that alone can be ballgame.

2738

Eric Segall @espinsegall.bsky.social · 27/09/2026

The first Monday In October is a week away. Rats. Six of them to be precise.

180

Eric Segall @espinsegall.bsky.social · 26/09/2026

One thing all the justices can agree on regardless of the issue is that lower courts are not, I repeat, are not, allowed to f#ck with them. Nyet.

2111

Reposted by Eric Segall

Steve Vladeck @stevevladeck.bsky.social · 25/09/2026

The last two sentences are … direct. Link: www.supremecourt.gov/opinions/25p...

36898165

Eric Segall @espinsegall.bsky.social · 25/09/2026

Why do Friday nights these days feel like Monday mornings?

081

Reposted by Eric Segall

Michael C. Dorf @dorfonlaw.bsky.social · 25/09/2026

Today on the blog, Professor Neil Buchanan uses three recent relatively minor Trump outrages--trying to rename AI "super-intelligence," misunderstanding his own press ban, and threatening the Fed with tariffs--to illustrate the president's toxic mix of cognitive decline and impetuous cruelty. 👇

dorfonlaw.org

Three Examples of Seemingly Minor Issues that Shine a Light on Trump's Misrule

Last week, Professor Dorf reminded us of "the risk of getting distracted by the relatively inconsequential nonsense emanating from Trump an...

183

Reposted by Eric Segall

Ron Filipkowski @ronfilipkowski.bsky.social · 24/09/2026

Chinese media allowed at WH. American media banned in defiance of a court order.

45892503264

Reposted by Eric Segall

Jamie Fox @whatlawfoxsays.bsky.social · 24/09/2026

Good analysis of the craziness that is negotiating with Trump

053

Reposted by Eric Segall

Heidi Kitrosser @heidikitrosser.bsky.social · 24/09/2026

Well, I have my first powerpoint slide for my Presidential Power class today:

Powerpoint slide that says "From this morning, in order of occurrence," followed by two headlines. The first says, "Judge blocks Trump's White House ban on CNN, MS NOW and Politico." The second says, "POLITICO barred from White House after court ruling restoring access."

2235

Eric Segall @espinsegall.bsky.social · 24/09/2026

Jalen Brunson is an awesome player who had an awesome season and deserves every accolade. But there is a footnote no one, no one, talks about. He missed the biggest shot of his career. Without the miracle tap in, due to a coach’s error, San Antonio goes home tied 2-2. Just saying.

331

Eric Segall @espinsegall.bsky.social · 24/09/2026

Court issues TRO against Trump’s desire to take away press credentials from CNN, etc., under due process not first amendment. Interesting and probably better grounded. By the way, I’m still in favor of complete media blackout. Trump would implode. knightcolumbia.org/documents/um...

knightcolumbia.org

Opinion (granting TRO)

2103

Reposted by Eric Segall

Michael C. Dorf @dorfonlaw.bsky.social · 24/09/2026

The Greenland deal does not substantially alter the status quo. That's good but saying too loudly that Trump backed down jeopardizes the agreement. Trump's fragile ego and his limited exposure to negative information thus present a variation on what Robert Putnam called a two-level game. Details 👇

dorfonlaw.org

Playing the Two-Level Game With Trump: Greenland Edition

To the relief of Greenlanders, Danes, and everyone who counts on NATO's continued existence, on Tuesday President Trump, Danish Prime Minist...

01810

Reposted by Eric Segall

Guha Krishnamurthi @ggkrishnamoomoo.bsky.social · 23/09/2026

Some 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

Reposted by Eric Segall

Michael C. Dorf @dorfonlaw.bsky.social · 23/09/2026

Originalist Justices' history-&-tradition 2nd Am test discounts historical antecedent laws as disanalogous unless they have the same purpose as a challenged modern law. But, as @ggkrishnamoomoo.bsky.social argues on the blog, that's contrary to the same Justicses' textualism in statutory cases. 👇

dorfonlaw.org

We Can’t Be Originalists *and* Textualists Now

In New York State Rifle & Pistol Association, Inc. v. Bruen , the Supreme Court set forth a new test to determine whether a particular firea...

0136

Reposted by Eric Segall

Anthony Michael Kreis @anthonymkreis.bsky.social · 23/09/2026

Reports of my death have been greatly exaggerated.

4634

Reposted by Eric Segall

Ari Berman @ariberman.bsky.social · 23/09/2026

By destroying Voting Rights Act and gutting 14th & 15th amendments the Roberts Court is recycling legal arguments once used by Confederates and white supremacists to destroy Reconstruction Please read my deep dive w/ @pemalevy.bsky.social in @motherjones.com www.motherjones.com/politics/202...

231759732

Eric Segall @espinsegall.bsky.social · 23/09/2026

“Disloyal judge.” Trump is the most “my way or the highway judge” President in American history.

193

Eric Segall @espinsegall.bsky.social · 23/09/2026

CBS-Gone CNN-soon to be gone. Fox-Despite one good decision, way, way gone. Twitter-Gone This is how it happens.

1111