iiinova — where your digital self keeps evolving

Anthony Sanders @ijsanders.bsky.social · 13h

Without commenting on Alito, I don't see a lame duck retirement could work logistically. Announcement Nov 4, appointment soon after, vetting, hearings & vote by Xmas? When the Senate usually isnt doing much. Really? (Senate turnover is Jan 3.) That's pretty aggressive, way more than when ACB got on.

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Jared @jaredmcclain.bsky.social · 02/10/2026

A federal district court just held that police use of Flock cameras without a warrant violates the Fourth Amendment. storage.courtlistener.com/recap/gov.us...

constitutionally collect this information about one car-and its driver-by
following that vehicle on public roadways over a month. But this leaves the
question of why is it the government's business where everyone goes all the
time? The government cannot go snooping through our personal lives and
business without an adequate basis to do so. That is what the Supreme Court
has said since its decision in Katz through its decision in Chatrie this year,
nearly sixty years later. It is not too much to draw the line at indiscriminate
mass surveillance.
No doubt, ALPR technology comes with remarkable benefits that the
Court cannot ignore. But the Fourth Amendment requires courts to draw a line when the cost is too great. Alaniz's search in just the ALPR system
provided him with more than 50 individual records of Kyle's whereabouts
across the country for an entire month. The Court finds that because the
ALPR systems Alaniz used to search Kyle's historical location information
intruded on her reasonable expectation of privacy in the whole of her physical
movements, it was a search under the Fourth Amendment. Based on the
information in the record, the only reason Alaniz conducted that search was
because he saw her license plate was from California. That search was not
supported by probable cause, and it was done without a warrant in violation
of Kyle's Fourth Amendment rights. That search also has a nexus to the
remainder of the traffic stop because Alaniz began following Kyle's car while

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Anthony Sanders @ijsanders.bsky.social · 03/10/2026

Watching The Russia House. Some good le Carré. Must have been inspiring in 1990. Somewhat depressing in 2026 though! But some good lines.

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Anthony Sanders @ijsanders.bsky.social · 02/10/2026

Seems like these days there's a new Kalshi preemption case every week. We dig into one in this episode.

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Dr Danny Bate @dannybate.com · 02/10/2026

Before people learned music with 'do re mi', the sequence once began with 'ut' as the lowest note. The absolute lowest note recognised in medieval music was 'Γ ut', with the Greek letter gamma, and 'Γ ut' came to refer to the full range of possible notes. This is behind the phrase 'run the gamut'.

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Anthony Sanders @ijsanders.bsky.social · 01/10/2026

SCOTUS just granted cert in a North Dakota divorce case with no cert-stage amicus briefs & it was never even relisted. I'm sure the cert-worthy issues (about veterans benefits & divorce decrees) affect many people but it's a bit humbling to us in the amicus-industrial complex.

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Anthony Michael Kreis @anthonymkreis.bsky.social · 01/10/2026

Are we done tinkering with the machinery of death yet?

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Anthony Sanders @ijsanders.bsky.social · 01/10/2026

Tom Goldstein was actively running a law firm & arguing cases before SCOTUS while running SCOTUSblog. He was very open about being on the progressive side of the law. He worked for the Gore team in Bush v. Gore. All of this was fine IMO, but legal journalism is broken if The Dispatch runs the blog?

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Anthony Sanders @ijsanders.bsky.social · 30/09/2026

I wrote a brief! Yeah, real lawyers (of which I used to be one) might say "big deal." But I don't much anymore so it was fun. Remedies fans may enjoy it. It's an amicus in a Minnesota case about the Uniform Declaratory Judgments Act & challenging the validity of laws. 1/

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Liberalism.org @liberalism.org · 28/09/2026

Anthony Sanders [ @ijsanders.bsky.social ] makes the case that checks on government power matter most in moments that stand between ordinary people and their freedom to live secure, self-directed lives. www.liberalism.org/p/the-rule-o...

liberalism.org

The Rule of Law: Before, During, and After

The rule of law is a vast concept. Individuals depend on it before, during, and after government action.

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Anthony Sanders @ijsanders.bsky.social · 28/09/2026

Today @ij.org put forward a new pillar, Rule of Law. For @theihs.org I wrote about how we at IJ are focusing more on that essential idea these days. We are framing it by what happens before, during, and after ordinary people interact with the government. www.liberalism.org/p/the-rule-o...

liberalism.org

The Rule of Law: Before, During, and After

The rule of law is a vast concept. Individuals depend on it before, during, and after government action.

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Anthony Sanders @ijsanders.bsky.social · 28/09/2026

At the first ever @yimbylaw.bsky.social conference! In San Francisco. The great Sonja Trauss starting things off.

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Anthony Sanders @ijsanders.bsky.social · 26/09/2026

This morning at the 10th Circuit Bench & Bar Conference we have former Solicitors General Elizabeth Prelogar & Noel Francisco. For those playing SCOTUS argument bingo, Ms. Prelogar just said "mine-run case."

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Anthony Sanders @ijsanders.bsky.social · 26/09/2026

Tenth Circuit conference tonight: Justice Gorsuch says he's worried about antisemitism among young people today. Repeatedly emphasizes the US is a creedal nation.

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Michael Andersen @andersem.bsky.social · 25/09/2026

But, mostly banned by zoning, no one stood up for lil apartment buildings. So over the years, our multifamily codes have made more and more choices that make sense for big 100-unit complexes but not for neighborhood-scale buildings. A bunch of those have to do with elevators.

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Anthony Sanders @ijsanders.bsky.social · 26/09/2026

It always comes back to the French Revolution.

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Anthony Sanders @ijsanders.bsky.social · 24/09/2026

At the 10th Circuit Judicial Conference. Next up, the SCOTUS review with @shbarclay.bsky.social & Erwin Chemerinsky.

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Anthony Sanders @ijsanders.bsky.social · 23/09/2026

Don't be surprised if there's a Truth Social post purporting to cancel the November election.

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Anthony Sanders @ijsanders.bsky.social · 23/09/2026

This is from the 1788 Maryland ratifying convention's failed proposed amendments. Is this language a proto-Rooker-Feldman clause? "nor shall any Matter, or Question, already determined in the State Courts, be revived or agitated in the Federal Courts" And as it *failed* doesn't that weaken RF?

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Ilya Somin @ilyasomin.bsky.social · 21/09/2026

Nikole Hannah-Jones' story about her daughter's education (and my own somewhat similar one) highlights the value of exit rights and choice. There is much we can do to expand such options for the poor and disadvantaged: reason.com/volokh/2026/...

reason.com

Exit, Voice, and Nikole Hannah-Jones

Nikole Hannah-Jones' controversial article about her daughter's schooling is a testament to the importance of exit rights.

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Stanimir Dobrev @delfoo.bsky.social · 21/09/2026

Earlier today Lukashenko said that all of Belarus' surplus of potash for export has already been contracted for export. There's no available volumes to export for Western countries. I think it's important to post this today.

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Anthony Sanders @ijsanders.bsky.social · 21/09/2026

I love how the most natural reading of this language in the Tennessee Constitution is that all judges in the state's trial courts must be 30 years old so & you'd need to get a new set of 30-year-old people to staff the judiciary every year. Could have put "at least" in there but just didn't bother.

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George Conway ⚖️🇺🇸 @gtconway.bsky.social · 21/09/2026

It’s not just weird; it’s delusional. HE. IS. PSYCHOTIC. If your grandpa said things like this, you’d take him in for a full neuropsychiatric workup. And it’s time the media starts interviewing psychiatrists and psychologists to talk about it. DO. YOUR. JOBS.

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Anthony Sanders @ijsanders.bsky.social · 21/09/2026

My modest contribution to this discourse is to restate the best book on education I've ever read isn't about dysfunctional schools in NYC. It's about catastrophically bad public schools in the third world & parents finding private school alternatives despite extremely limited means.

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Anthony Sanders @ijsanders.bsky.social · 21/09/2026

"To assert those savages to have been the spontaneous production of the earth which they inhabited would be a rash inference, condemned by religion, and unwarranted by reason." -Edward Gibbon on the Germans

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Safaitic @safaitic.bsky.social · 20/09/2026

#New on #OCIANA - a large panel of Variant 1 #Safaitic inscriptions from site MG1 is now online. Among these is an invocation of the initial prayer type. This formula is an important lnk btw Thamudic B and Safaitic. it reads: *hā roṣ́aw(a) sāʿed qoṣayyata ben ʿaleyy wa salema

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Steven T. Dennis @steventdennis.bsky.social · 19/09/2026

*Social Security trust fund is now projected to run out in 2032, at which point benefits will be slashed unless Congress passes a new law. There is no plan from the administration to deal with this, but senators elected in November will face it before their six-year term is up.

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Short Circuit @shortcircuitij.bsky.social · 18/09/2026

Our Latest Podcast: SWAT Teams at the Supreme Court With Jeff Redfern & Nick DeBenedetto! youtu.be/S1VDQh74g-0?...

youtu.be

Roadblocks to building a new apartment building in Nashville | Short Circuit 446

YouTube video by Short Circuit

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Anthony Sanders @ijsanders.bsky.social · 18/09/2026

This would be a Ninth Amendment violation.

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Anthony Sanders @ijsanders.bsky.social · 17/09/2026

Happy Constitution Day! Want to learn more about the U.S. Constitution? @IJ's constitutional history podcast Bound By Oath is a great place to start. There's 4 bingeable seasons: 1. The 14th Amendment 2. No Right Without a Remedy 3. Property Rights 4. Abstention & Treason

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Safaitic @safaitic.bsky.social · 16/09/2026

BES26 has concluded. Incredible new discoveries. Some will go directly up on OCIANA and others will require full-length publications. Stay tuned.

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Anthony Sanders @ijsanders.bsky.social · 15/09/2026

Compensating innocent people when the police damage their home will not bankrupt cities. In fact, many cities do it already! Details in this new report.

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Anthony Sanders @ijsanders.bsky.social · 15/09/2026

I'll be at the Tenth Circuit Judicial Conference Sept. 24-26 in Colorado Springs spreading the good news about @shortcircuitij.bsky.social! If you see me feel free to say hello & what you 𝘳𝘦𝘢𝘭𝘭𝘺 think of our newsletter & podcast. In return I'll give you a free Short Circuit pen!

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Anthony Michael Kreis @anthonymkreis.bsky.social · 15/09/2026

What happened to the Major Questions Doctrine? Seems to me that if Congress wanted to empower the Postal Service to regulate elections, it would have said so. How 'bout that, Sam and Clarence?

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Anthony Sanders @ijsanders.bsky.social · 15/09/2026

How Alito *himself* describes this rule makes it sound terrifying.

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Anthony Sanders @ijsanders.bsky.social · 11/09/2026

In which you will learn that the Ninth Circuit had appellate jurisdiction over cases brought in the U.S. Court for China.

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Anthony Sanders @ijsanders.bsky.social · 11/09/2026

25 yrs ago this morning I was at the U of MN Law about to go to 1L Contracts when I heard classmates mentioning that a plane flew into one of the Twin Towers. In class the prof said if we knew someone there get out & contact them. Otherwise, we're having class. It was the last class that day. 1/

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Gabriel Malor @gabrielmalor.bsky.social · 10/09/2026

"If we were to agree with the Government’s construction, we would need to conclude that, in passing IIRIRA thirty years ago, Congress intended to direct the single largest mass detention of human beings in our nation’s history."

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Rachel Shelden @rachelshelden.bsky.social · 10/09/2026

Many thanks for teaching this piece! Honored to be among such brilliant company.

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Anthony Sanders @ijsanders.bsky.social · 09/09/2026

This is a general announcement. This is a general announcement. Pollack & Maitland cited today in the Ninth Circuit. (By Judge Bumatay in a sovereign immunity case, Rivera v. Sami. Also, contrary to what he says later, Chisholm v. Georgia was correctly decided.)

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Anthony Sanders @ijsanders.bsky.social · 09/09/2026

Here are the reading/searching assignments for a seminar I'm teaching at @umnlawschool.bsky.social this fall, Constitution Making. Includes some wonderful work from people on here! @miriamseifter.bsky.social @sammerchant.bsky.social @tannerallread.bsky.social l @rachelshelden.bsky.social

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Anthony Sanders @ijsanders.bsky.social · 09/09/2026

Long overdue. Funny watching the replies, I'm betting most of whom are under 45. This was normal & unquestioned before 9/11. My mom would take me to the gate when I flew alone as a teenager. There were no problems with it. It wasn't a "tradition" like NPR says here. It was how life worked.

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Radley Balko @radleybalko.bsky.social · 08/09/2026

More: Yes, this is not uncommon. It isn’t a burden. The frustration is that you get a vague complaint that you’re in violation. It doesn’t say where. I fixed the problem that spurred the complaint. This new thing, which I wasn’t aware of, then elevated it to a summons. It’s needlessly antagonistic.

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