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Jonathan H. Adler

@jadler1969.bsky.social
14K followers 669 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 · 08/10/2026
My "Blessings of Liberty" podcast debate with Donald Kochan on Suncor v. Boulder County reason.com/volokh/2026/...
reason.com
Adler v. Kochan on Suncor Energy v. Boulder County
On Wednesday I recorded an episode of the "Blessings of Liberty" podcast, hosted by Jeffrey Rosen, on Suncor Energy v.…
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Jonathan H. Adler @jadler1969.bsky.social · 07/10/2026
Justice Alito explained his Suncor recusal (and the Petitioners might not like what he said): reason.com/volokh/2026/...
reason.com
Justice Alito Gives a Fuller Explanation of His Suncor Recusal
The latest edition of the Wall Street Journal's Potomac Watch podcast is an interview with Justice Samuel Alito (who, if you…
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Jonathan H. Adler @jadler1969.bsky.social · 07/10/2026
Well I would never accuse you of being simple.
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Jonathan H. Adler @jadler1969.bsky.social · 07/10/2026
Well, at least if Embiid stays healthy we'll have something to cheer.
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Jonathan H. Adler @jadler1969.bsky.social · 07/10/2026
Yeah, that's not my style, nor do I think that sort of thing is most helpful in training lawyers (because, after all, that is supposed to be part of our charge).
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Jonathan H. Adler @jadler1969.bsky.social · 07/10/2026
Why not Justice Thomas? #justsaying
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Jonathan H. Adler @jadler1969.bsky.social · 07/10/2026
Alas, are there any "good crits" left? The trailblazers were quite masterful. Those who followed in their wake, not so much.
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Jonathan H. Adler @jadler1969.bsky.social · 07/10/2026
This is true far more broadly. The folks who took down the liberal canon within the university had the benefit of having learned the canon they were disassembling.
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Jonathan H. Adler @jadler1969.bsky.social · 07/10/2026
I also go out of my way to steelman views I don't embrace.
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Jonathan H. Adler @jadler1969.bsky.social · 07/10/2026
I say something similar
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Jonathan H. Adler @jadler1969.bsky.social · 07/10/2026
I think this is the wrong framing. I tell my students that my views are easy to find, but that my views are not what the course is about, as mastering my views is not the same as mastering the material, and that they need a different and broader lens to be excellent lawyers in the relevant space.
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Jonathan H. Adler @jadler1969.bsky.social · 07/10/2026
Thanks! (More to come, time permitting.)
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Reposted by Jonathan H. Adler
Rachel Rothschild @profrrothschild.bsky.social · 05/10/2026
An excellent post on Suncor by @jadler1969.bsky.social reason.com/volokh/2026/...
reason.com
A Response to Michael Buschbacher on Suncor Energy v. Boulder County
In which I reject the suggestion that my arguments do not support the respondent's position before the Supreme Court
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Jonathan H. Adler @jadler1969.bsky.social · 02/10/2026
No. He was already on senior status. He's retiring from that.
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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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Reposted by Jonathan H. Adler
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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Reposted by Jonathan H. Adler
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 · 22/09/2026
I don't read CA8 decision as going quite that far (though line about "respect" comes close).
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Jonathan H. Adler @jadler1969.bsky.social · 22/09/2026
CA6 held that federal courts are not bound by state supreme court interpretations of federal questions. CA8 held that, under supremacy clause, federal law trumps state law. It seems to me both of these propositions are correct, and the CA8's errors here are elsewhere.
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Jonathan H. Adler @jadler1969.bsky.social · 22/09/2026
Was Hunter v Hamilton County Board of Elections (CA6 wrong on this point?
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Jonathan H. Adler @jadler1969.bsky.social · 16/09/2026
He's been a progressive prosecutor poster boy for years.
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Jonathan H. Adler @jadler1969.bsky.social · 16/09/2026
Philly is 6th largest city and Krasner has been a prominent figure in progressive circles.
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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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Reposted by Jonathan H. Adler
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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Reposted by Jonathan H. Adler
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 · 24/08/2026
Indeed, I'm old enough to remember when we generally thought standing and ripeness concerns were very serious when challenging EOs that agencies had yet to act upon.
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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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Jonathan H. Adler @jadler1969.bsky.social · 15/08/2026
Whether or not its mysterious is distinct from whether courts shoild defer to legislation that operationalizes or enforces it.
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Jonathan H. Adler @jadler1969.bsky.social · 15/08/2026
Does that apply to citizenship clause too?
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Reposted by Jonathan H. Adler
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
Any more or less than other free speech doctrine?
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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
Would that work? I dislike the tactic, but not sure how to put genie back in the bottle.
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Jonathan H. Adler @jadler1969.bsky.social · 11/08/2026
Hasn't this been done in quite a few elections? (including with Trump in 2016?)
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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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Jonathan H. Adler @jadler1969.bsky.social · 07/08/2026
Probably lots of grandstanding. Maybe DOJ pursues contempt prosecution.
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Jonathan H. Adler @jadler1969.bsky.social · 07/08/2026
Congress can of lots of things they dont do.
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Jonathan H. Adler @jadler1969.bsky.social · 07/08/2026
I think the strongest arguments for Fauci here are fear of state prosecutions (eg Florida) and threat to challenge validity of pardon.
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Jonathan H. Adler @jadler1969.bsky.social · 06/08/2026
Depends. If fear is a out prosecution for things you've already done, likely so. If its fear of perjury trap (so you're committing new offense, not incriminating yourself), not really, but hard to enforce.
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Jonathan H. Adler @jadler1969.bsky.social · 06/08/2026
So then you want to memory-hole Morrison (on the relevance of findings)
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Jonathan H. Adler @jadler1969.bsky.social · 06/08/2026
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Jonathan H. Adler @jadler1969.bsky.social · 06/08/2026
And I don't believe either are true (nor does the Trump Admin, which is one reason interim docket filings have dropped off).
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Jonathan H. Adler @jadler1969.bsky.social · 06/08/2026
I don't follow. You want to memory hole Raich? I'm okay with that.
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Jonathan H. Adler @jadler1969.bsky.social · 06/08/2026
Or it's a good final exam hypo . . .
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Reposted by Jonathan H. Adler
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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