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Jonathan H. Adler

@jadler1969.bsky.social
14K followers 668 following 2K posts

Father, Husband, W&M LawProf, guy with opinions; @chkbal co-founder; @volokhc.bsky.social contributor; Law before policy before politics; Philly sports always; 'the cowbell of Twitter'-N. Schulz typos are part of the brand.

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Jonathan H. Adler @jadler1969.bsky.social · 30/09/2026
Now that I work at a state university, I get to experience the joy of FOI requests. reason.com/volokh/2026/...
reason.com
On FOI Requests and Other Benefits of Working at a Public University
For twenty-five years I never had to think about freedom-of-information requests, but in the last year I have been the subject of two such requests.
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Jonathan H. Adler @jadler1969.bsky.social · 30/09/2026
Oof
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Volokh Conspiracy @volokhc.bsky.social · 28/09/2026
dlvr.it
[Jonathan H. Adler] As Suncor Approaches, Justice Alito Recuses
The petitioners appear to lose a vote they might need in Suncor Energy v. Boulder County.
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Volokh Conspiracy @volokhc.bsky.social · 26/09/2026
dlvr.it
[Jonathan H. Adler] When Making a Statutory Argument, It Helps To Read the Statute
A quick rejoinder to Ben Zycher on the EPA's rescission of the endangerment finding.
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Jonathan H. Adler @jadler1969.bsky.social · 16/09/2026
As I was saying . . .
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Jonathan H. Adler @jadler1969.bsky.social · 16/09/2026
Wow
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Volokh Conspiracy @volokhc.bsky.social · 11/09/2026
dlvr.it
[Jonathan H. Adler] DC Circuit Rejects Energy Department's Claim of "Emergency" Authority to Order Coal Plant to Remain Open
A potentially significant rebuke of one of the more controversial and unusual elements of the Trump Administration's energy policy.
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Fuzzy Mike @fuzzymike.bsky.social · 09/09/2026
one of those rare stories where it's like "obviously there's more to it than this" and you look it up and no it appears to be just exactly this, no complicating factors
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Jonathan H. Adler @jadler1969.bsky.social · 09/09/2026
www.thefp.com/p/she-let-he...
thefp.com
She Let Her Son Go for a Walk. Now She’s a Convicted Criminal.
A Virginia judge turned Karyann Parkinson’s parenting decision into a crime, and put her on the child-abuse registry.
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Jonathan H. Adler @jadler1969.bsky.social · 09/09/2026
Given all the (justified) concern about government attorney misconduct, why is there so little on here about the sanctions against lawyers in Philly DA Larry Krasner's office? One disbarred and one suspended from practice in federal court, as inquiry continues. www.inquirer.com/crime/paul-d...
inquirer.com
Who is the federal judge overseeing the case roiling Philly DA Larry Krasner’s office? And what will he do next?
U.S. District Judge Paul S. Diamond has a reputation as a stern, no-nonsense jurist. He is weighing what to do in a controversial post-conviction case marked by accusations of lawyer misconduct.
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Jonathan H. Adler @jadler1969.bsky.social · 17/08/2026
Fearmongering about stealing Congress on January 3, 2027 electionlawblog.org/2026/fearmon...
electionlawblog.org
Fearmongering about stealing Congress on January 3, 2027 #ELB
Fellow blogger Justin Levitt wrote an excellent piece in 2024 about the scourge of “electoral-process porn.” Variations of these stories crop up with varying degrees of interest, then dissipate when t...
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Volokh Conspiracy @volokhc.bsky.social · 13/08/2026
dlvr.it
[Jonathan H. Adler] Donald Trump's Unsustainable Presidential Administration
The second Trump Administration insists on acting unilaterally, and that will make many of its policy changes unsustainable over time.
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Jonathan H. Adler @jadler1969.bsky.social · 11/08/2026
I reviewed Klein & Thompson's Abundance in Regulation. reason.com/volokh/2026/...
reason.com
Klein and Thompson's Abudance Shows Abundant Lack of Introspection
Ezra Klein and Derek Thompson's Abundance was one of the most talked about policy books of 2025. In broad strokes, the book…
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Jonathan H. Adler @jadler1969.bsky.social · 11/08/2026
Yesterday the Ninth Circuit denied en banc rehearing in Lighthiser v Trump--one of the kids climate cases challenging Trump administration EOs. No judge requested a vote. This is not a surprise. Nor will be the eventual denial of certiorari. For background: reason.com/volokh/2026/...
reason.com
Ninth Circuit Affirms Dismissal of Lighthiser v. Trump Kids' Climate Suit
Yet another federal court opinion dismissing constitutional climate change claims.
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Jonathan H. Adler @jadler1969.bsky.social · 08/08/2026
Yesterday the DC Circuit upheld the injunction against the White House ballroom renovations. I doubt this decision will last for very long. reason.com/volokh/2026/...
reason.com
Divided D.C. Circuit Panel Upholds Injunction Against White House Ballroom Construction; Next Stop, One First Street
This morning, declaring that "the White House is the People's House," a divided panel of the U.S. Court of Appeals…
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Whey Standard @wheystandard.bsky.social · 06/08/2026
“One Night Only” is ultimately a critique of expansive commerce clause doctrines. In this essay I will…
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Jonathan H. Adler @jadler1969.bsky.social · 06/08/2026
Supreme Court Term to Start Hot reason.com/volokh/2026/...
reason.com
Supreme Court Term to Start Hot
OT 2026 leads off with climate litigation.
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Rachel Rothschild @profrrothschild.bsky.social · 03/08/2026
I am enormously thankful to the editors at YLJ for giving me the opportunity to publish this Essay, and to those who read drafts on a tight timeline. Hoping I get everyone on bluesky - many thanks to @jadler1969.bsky.social, @michaelgerrard.bsky.social @leahlitman.bsky.social for feedback!
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Jonathan H. Adler @jadler1969.bsky.social · 04/08/2026
@kenjennings.bsky.social one of your Earth Day questions from the other night was in error. Senator Nelson's DDT bill was never enacted. DDT was banned by the EPA through regulation in 1972.
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Jonathan H. Adler @jadler1969.bsky.social · 03/08/2026
This morning I filed a brief in Suncor Energy v. Boulder County. www.supremecourt.gov/DocketPDF/25... I also blogged about it: reason.com/volokh/2026/...
supremecourt.gov
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Jonathan H. Adler @jadler1969.bsky.social · 03/08/2026
There were 40 top-side amici filed in Suncor, including one from the SG and one in support of neither side. I'd place over-under on bottom-side briefs at 28 (including mine).
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Jonathan H. Adler @jadler1969.bsky.social · 02/08/2026
Bottom-side briefs in Suncor v Boulder County are due tomorrow at SCOTUS.
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Jonathan H. Adler @jadler1969.bsky.social · 02/08/2026
This.
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Jonathan H. Adler @jadler1969.bsky.social · 31/07/2026
It took almost a year, but the Sixth Circuit has (finally) granted en banc rehearing in Ohio Telecom v. FCC. This is an important case on the scope of the Congressional Review Act's prohibition on the re-issuance of rejected rules. opn.ca6.uscourts.gov/opinions.pdf...
opn.ca6.uscourts.gov
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Philadelphia 76ers @sixersnba.bsky.social · 24/07/2026
happy birthday, coach! 🎉
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Jonathan H. Adler @jadler1969.bsky.social · 22/07/2026
Will Courts Uphold the EPA's Rescission of the "Endangerment Finding"? I'm skeptical. Here are some of my reasons. reason.com/volokh/2026/...
reason.com
Will Courts Uphold the EPA's Rescission of the "Endangerment Finding"?
In February, the Environmental Protection Agency finalized a regulation rescinding the so-called "endangerment finding"--the finding that the emission of greenhouse…
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Jonathan H. Adler @jadler1969.bsky.social · 22/07/2026
The End of Independent Agencies (and what comes next) reason.com/volokh/2026/...
reason.com
The End of Independent Agencies
Members of the Federal Trade Commission are no longer protected from presidential removal without cause. Humphrey's Executor--or whatever was left of…
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Eric Columbus @ericcolumbus.bsky.social · 14/07/2026
Sweet Home trivia: the original DC Circuit decision is at 1 F.3d 1.
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Jonathan H. Adler @jadler1969.bsky.social · 14/07/2026
As expected, Trump Admin rescinds ESA "harm" definition upheld in Sweet Home. Less expected, explanation offered in final rule is quite thin, resting solely on claim rule not "best" interpretation of statute. 1/
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Lawrence Hurley @lawrencehurley.bsky.social · 14/07/2026
"... not appropriate, at least not now" to use the term "shadow docket," Kagan tells Congress, citing changes the court has made to how it handles cases.
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Andrew Hazlett @andrewhazlett.bsky.social · 06/07/2026
Maybe good character is both an ethical and a practical plus among political figures.
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Richard M Re @richardre.bsky.social · 06/07/2026
open.substack.com/pub/divideda...
open.substack.com
On Seeing Two Things At Once
Or, What to Make of Polarized SCOTUS Commentary
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Orin Kerr @orinkerr.bsky.social · 06/07/2026
If you're starting law school this fall, and you're new to the legal system, here's a good overview of some basics that was presented as part of an orientation at UVA Law a few years ago by Dean Leslie Kendrick. www.youtube.com/watch?v=d75u...
youtube.com
Overview of the American Legal System
YouTube video by University of Virginia School of Law
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Lawrence Hurley @lawrencehurley.bsky.social · 05/07/2026
Hilarious if true
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Scott Lincicome @scottlincicome.bsky.social · 04/07/2026
"The Founders did not stumble into a diverse, immigrant-heavy society by accident—they lived through it, debated it, and ultimately enshrined it in a Constitution that barred religious tests for office and left the door open to immigrants of every nation and faith" www.cato.org/blog/founder...
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Jonathan H. Adler @jadler1969.bsky.social · 03/07/2026
I appreciate the engagement from @anthonymkreis.bsky.social, but I am not sure this thread responds to the core of my post, which discusses why I expect the broader legal-politocal debate to continue.
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Lawrence Hurley @lawrencehurley.bsky.social · 02/07/2026
Trump's Supreme Court losses mask some huge wins for conservative priorities. "It was certainly a conservative term. It was not a Trump term,” says @jadler1969.bsky.social "... a wildly conservative and destructive court," says @cshaplaw.bsky.social 👇 www.nbcnews.com/politics/sup...
nbcnews.com
Supreme Court plots its own conservative path amid Trump challenges
A review of this term’s decisions shows the court’s conservatism sometimes intersects with Trump’s, but not always. Though Trump had major losses, he also won new powers.
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Jonathan H. Adler @jadler1969.bsky.social · 01/07/2026
At least i got these right.
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Jonathan H. Adler @jadler1969.bsky.social · 01/07/2026
Hypo: Congress enacts law saying that visiting FIFA teams and their entourages are to be treated like diplomats for all legal purposes, including 14A (so no birthright citizenship if any give birth). Is this constitutuonal?
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Quinn Yeargain @yeargain.bsky.social · 27/06/2026
Here’s Kaplan’s BAR® Question of the Day. I . . . really don’t think that this is a good question, and if I were running a bar prep service, it’s definitely not one I’d trot out as an example of the kinds of questions I offer. Curious what others think here. www.kaplanquizzes.com/bar/?id=3373...
Congress passed a bill empowering the Federal Bureau of Investigation to conduct surveillance on any person in America without a warrant. The statute also contained an appropriation for the purchase of additional surveillance equipment necessary to effectuate the purpose of the statute. The day after the passage of the bill, a taxpayer filed a complaint in district court, challenging the constitutionality of the statute. The complaint alleged that the statute violated the Fourth Amendment prohibition against unlawful searches. Within ten days of the passage of the bill, the President vetoed the bill, and Congress did not override the veto.

How should the district court rule on the taxpayer's complaint?

A) The district court should find the statute unconstitutional, because it violated the Fourth Amendment prohibition against unlawful searches without obtaining a warrant.

B) The district court should dismiss the complaint, because the taxpayer did not have standing.

C) The district court should dismiss the complaint, because the case was not ripe for adjudication.

D) The district court should dismiss the complaint, because the case was moot.
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Jonathan H. Adler @jadler1969.bsky.social · 27/06/2026
Updated SCOTUS predictions (worth even less given how poor my track record is) Roberts: Birthright, Slaughter, Cook BK: NRSC, Trans Sports cases Thomas/Barrett: Watson Kagan: Chatrie
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Gabriel Malor @gabrielmalor.bsky.social · 23/06/2026
5th Cir.: it would violate clearly established law for deputy to discharge high-velocity pepper spray from half the manufacturer-approved minimum safe distance into face of handcuffed and seat-belted suspect in retaliation for kicking police car door. No QI. www.ca5.uscourts.gov/opinions/pub...
Martinez’s conduct was unconstitutional because, after Ramirez resisted arrest by pulling his arm away, Martinez twice tased Ramirez — including once when he was handcuffed, on the ground, and surrounded by several officers.  See id. at 378–79.  Here, after Sanchez resisted commands by kicking the cruiser’s doors and refusing to sit properly, Nunemaker pepper-sprayed Sanchez in the face when he was handcuffed, seat-belted, and surrounded by several officers.  Given the factual similarities, Ramirez would have put a reasonable officer in Nunemaker’s position on notice that it is unlawful to discharge pepper spray directly into the eye of a handcuffed, 6 Case: 25-50596      Document: 69-1     Page: 7     Date Filed: 06/23/2026 No. 25-50596 restrained, outnumbered suspect not posing an immediate threat or attempting to flee.
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Jeanne Fromer @jeannefromer.bsky.social · 23/06/2026
“We propose that state supreme courts amend their rules of professional conduct to impose a uniform ‘hold open’ date for offers until Oct. 1 of students’ 2L year for 2L summer positions.” @marklemley.bsky.social & I have an op-ed in Bloomberg on early recruiting news.bloomberglaw.com/us-law-week/...
news.bloomberglaw.com
State Supreme Courts Can Resolve Early Legal Recruiting Mess
Opinion: Imposing a uniform "hold open" date for job offers to law students would likely put much-needed brakes on accelerated recruiting.
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Jonathan H. Adler @jadler1969.bsky.social · 23/06/2026
SCOTUS predictions worth what you paid for them. Roberts - Slaughter, Cook, Barbara Alito - NRSC, Watson, Wolford Kav - TPS, Title IX cases Kagan - Monsanto Thomas or Barrett - Al Otro Lado Chatrie - ? (ask @orinkerr.bsky.social )
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Josh Chafetz @joshchafetz.bsky.social · 18/06/2026
Happy to sign on to this. Attorneys should not lie to or mislead judges, regardless of the cause in which they are doing so.
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Jonathan H. Adler @jadler1969.bsky.social · 18/06/2026
The Most Interesting Supreme Court Opinion Line-Up You Will See This Year (and it took a Rooker-Feldman case to do it). reason.com/volokh/2026/...
reason.com
The Most Interesting Supreme Court Opinion Line-Up You Will See This Year
Leave it to the Rooker-Feldman doctrine to divide the justices in an unusual way.
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Jonathan H. Adler @jadler1969.bsky.social · 18/06/2026
I had hoped there would be a consensus over here that lack of candor to courts is a grave problem, no matter who does it or for what purpose. It seems I was mistaken.
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Jonathan H. Adler @jadler1969.bsky.social · 17/06/2026
Quite a rebuke of Krasner
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Jonathan H. Adler @jadler1969.bsky.social · 03/06/2026
No surprise here.
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Sonny Rollins @thesonnyrollins.bsky.social · 26/05/2026
It is with deep sorrow and profound love that we announce the passing of Sonny Rollins. The Saxophone Colossus died this afternoon at his home in Woodstock, NY at the age of 95. 1/2
Photo of Sonny Rollins playing saxophone in 2009 by John Abbott
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