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Justia’s Verdict

@justiaverdict.bsky.social
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Legal analysis and commentary from Justia’s resident and guest columnists. Opinions are those of individual columnists and do not necessarily represent views of Justia. Not legal advice. verdict.justia.com

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Justia’s Verdict @justiaverdict.bsky.social · 05/02/2026
@ucdavislaw.bsky.social Prof Vik Amar analyzes President Trump's proposal for federal takeover of voting, explaining that while Congress has constitutional authority over federal elections, such action would likely fail in court and face insurmountable political obstacles in Congress.
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Three Big Questions Surrounding President Trump’s Suggestion that “Republicans Take Over the Voting in at Least 15 Places”
UC Davis Law professor Vikram David Amar discusses the constitutional, political, and practical implications of President Donald Trump’s suggestion that Republicans should federally “take over” voting...
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Justia’s Verdict @justiaverdict.bsky.social · 05/02/2026
@joannagrossman.bsky.social and Lawrence Friedman discuss the New Mexico Supreme Court's recent abolition of alienation of affections lawsuits, finding the class of torts incompatible with modern no-fault divorce laws and contemporary views on individual agency and marital privacy.
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Alienation of Affections: The New Mexico Supreme Court Joins the Crowd and Abolishes the Cause of Action
SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law professor emeritus Lawrence M. Friedman discuss the New Mexico Supreme Court’s decision to abolish the tort of alienation of affe...
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Justia’s Verdict @justiaverdict.bsky.social · 03/02/2026
@cornelllaw.bsky.social prof @dorfonlaw.bsky.social argues Trump's $10B lawsuit against the IRS over leaked tax returns should be dismissed due to implausible damages, statute of limitations issues, and the unprecedented nature of a sitting president suing his own government for monetary gain.
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What’s Wrong with Donald Trump’s Lawsuit Against the IRS?
Cornell Law professor Michael C. Dorf discusses Donald Trump’s lawsuit against the IRS over the unauthorized disclosure of his tax information by former IRS employee Charles Littlejohn, examining the...
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Justia’s Verdict @justiaverdict.bsky.social · 03/02/2026
Tennessee judge's new ruling could transform death penalty law by redefining what constitutes an "execution." Prof. Austin Sarat explains how this interpretation may extend constitutional protections to the entire execution process, not just the final moment of death.
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Tennessee Judge’s Ruling Shakes Up Capital Punishment Jurisprudence
Amherst professor Austin Sarat describes a groundbreaking ruling by Tennessee Chancery Court Judge I’Ashea that redefines executions as part of the judicial process that includes all preparatory steps...
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Justia’s Verdict @justiaverdict.bsky.social · 20/01/2026
@cornelllaw.bsky.social prof @dorfonlaw.bsky.social discusses #SCOTUS transgender athlete cases, noting that state laws discriminate based on transgender status even when the discrimination is embedded in definitions.
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In Transgender Athletes SCOTUS Cases, the Discrimination is Hiding in Plain Sight
Cornell Law professor Michael C. Dorf discusses two Supreme Court cases challenging laws in West Virginia and Idaho that exclude transgender female athletes from participating in girls’ and women’s sp...
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Justia’s Verdict @justiaverdict.bsky.social · 10/01/2026
South Carolina law professor Seth Stoughton explains the legal standards governing the recent ICE shooting in Minneapolis, emphasizing the importance of a fact-based assessment. He highlights three key questions about officer conduct, perceived threat, and alternatives to deadly force.
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The Legality of Deadly Force: Three Critical Questions about the ICE Shooting in Minneapolis
University of South Carolina, Joseph F. Rice School of Law professor Seth W. Stoughton discusses the legal standards and critical factual questions surrounding the use of deadly force by a federal ICE...
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Justia’s Verdict @justiaverdict.bsky.social · 05/01/2026
@cornelllaw.bsky.social prof @dorfonlaw.bsky.social discusses Chief Justice Roberts’s Year End Report, particularly its subtle rejection of originalism and endorsement of evolving constitutional principles. Will the Court’s actions truly reflect that commitment?
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Jurisprudential Implications of the Chief Justice’s Year End Report
Cornell Law professor Michael C. Dorf analyzes Chief Justice John Roberts’s 2025 Year End Report, which, though seemingly apolitical on the surface, reflects on the American Revolution and the Constit...
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Justia’s Verdict @justiaverdict.bsky.social · 05/01/2026
@ucdavislaw.bsky.social prof Vik Amar analyzes California's ban on ICE officers wearing masks and a proposal to deny driver's licenses to such officers, concluding that both measures are unconstitutional.
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California’s Ban on ICE’s Use of Facial Masks Heats Up in the Courts and the Political Arena
UC Davis Law professor Vikram David Amar analyzes California’s new law (SB 627) that bans ICE and other law enforcement officers from wearing masks while interacting with the public, focusing on its l...
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Michael C. Dorf @dorfonlaw.bsky.social · 22/12/2025
In my latest column for @justiaverdict.bsky.social, I explain that Trump's "warrior dividend" has no legal connection to tariff revenues and that his other plan to rebate tariff revenues is unlawful absent new legislation and, in any event, a bad idea for multiple reasons. 👇
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Justia’s Verdict @justiaverdict.bsky.social · 10/12/2025
Hofstra law prof James Sample argues that inconsistent and partisan interventions by #SCOTUS have enabled partisan gerrymandering, undermined judicial credibility, and created structural chaos in American electoral processes.
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Supreme Court Calvinball on a Lone Star State Scale
Hofstra Law professor James Sample examines the U.S. Supreme Court’s recent decisions on partisan redistricting, particularly in Texas, and the broader implications of these rulings on representative...
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Michael C. Dorf @dorfonlaw.bsky.social · 08/12/2025
In my latest column for @justiaverdict.bsky.social, I explain that the "presumption of good faith" SCOTUS (falsely) said the district court failed to afford the Texas legislature wouldn't even help Texas, which needs a presumption of bad faith to avoid the racial gerrymandering finding. 👇
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A Presumptuous Supreme Court Gives Texas Legislators an Unearned Presumption of Good Faith
Cornell Law professor Michael C. Dorf discusses the U.S. Supreme Court’s decision in Abbott v. League of United Latin American Citizens (LULAC) to reinstate Texas’s new redistricting map, despite a lo...
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Justia’s Verdict @justiaverdict.bsky.social · 01/12/2025
Profs Lesley Wexler and @tonyghiotto.bsky.social (@law.illinois.edu) discuss the Pentagon's implementation of the transgender service ban, highlighting how discharge procedures uniquely burden transgender service members and may signal animus and raise equal protection concerns.
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Process and Prejudice: Implementation of the Transgender Service Ban
Illinois Law professors Lesley M. Wexler and Anthony Ghiotto examine the implementation of the Trump administration’s transgender military service ban, focusing on recent litigation, the Department of...
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Michael C. Dorf @dorfonlaw.bsky.social · 24/11/2025
Halligan's blunder might doom her case against Comey because the statute of limitations has run. But in most cases, a grand jury's failure to indict doesn't preclude second and subsequent prosecutorial efforts. In my latest column for @justiaverdict.bsky.social, I critique the conventional wisdom. 👇
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How to Make the Grand Jury Grander
Cornell Law professor Michael C. Dorf explores the legality and implications of prosecutors repeatedly presenting the same charges to multiple grand juries, in the context of the weak and potentially....
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Justia’s Verdict @justiaverdict.bsky.social · 19/11/2025
UNLV Law prof @lcgriffin.bsky.social reviews Nobody’s Girl, Virginia Giuffre’s powerful memoir of surviving lifelong sexual abuse and seeking justice against Jeffrey Epstein, Ghislaine Maxwell, and others. Prof. Griffin calls for reform and accountability to protect survivors and expose abusers.
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Nobody’s Girl Tells of Virginia Roberts Giuffre’s Life of Much Abuse and Very Little Justice
UNLV Boyd School of Law professor Leslie C. Griffin discusses the memoir Nobody’s Girl by Virginia Roberts Giuffre, which chronicles her life of repeated sexual abuse—beginning in childhood and contin...
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Justia’s Verdict @justiaverdict.bsky.social · 13/11/2025
Cornell Law prof @dorfonlaw.bsky.social juxtaposes the acquittal of "sandwich guy" Sean Dunn with the conviction of animal rights activist Zoe Rosenberg.
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The Turkey Sandwich Hurler’s Acquittal and the Chicken Rescuer’s Conviction
Cornell Law professor Michael C. Dorf discusses the contrasting legal outcomes of Sean Dunn, who was acquitted for throwing a turkey sandwich at a federal agent in protest of government actions, and Z...
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Justia’s Verdict @justiaverdict.bsky.social · 11/11/2025
UC Davis Law prof Vikram Amar argues that while the #SCOTUS majority should provide fuller explanations in emergency rulings, the liberal dissenters are strategically and analytically misguided in avoiding arguments about the constitutional merits.
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The Supreme Court’s Grant of a Stay in the Passport Gender Case, Trump v. Orr, Illustrates Recurring, and Suboptimal, Features of the Interim-Relief Docket
UC Davis Law professor Vikram David Amar analyzes the U.S. Supreme Court’s decision in Trump v. Orr, which granted the federal government a stay to allow the use of birth-assigned sex on passports dur...
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Justia’s Verdict @justiaverdict.bsky.social · 03/11/2025
Following a botched execution in Alabama, Amherst prof Austin Sarat critiques the use of nitrogen hypoxia in executions, highlighting its failure to provide a humane alternative and documenting its brutal effects.
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Botched Execution in Alabama Reveals Nitrogen Hypoxia’s True Colors, and It Is Not a Pretty Picture
Amherst professor Austin Sarat criticizes the use of nitrogen hypoxia as a method of execution, particularly in Alabama, where it has resulted in prolonged, painful deaths that contradict claims of a....
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Justia’s Verdict @justiaverdict.bsky.social · 28/10/2025
Prof. Michael C. Dorf argues House Speaker Mike Johnson's refusal to swear in Rep. Adelita Grijalva defies Powell v. McCormack, appears politically aimed at blocking her vote, likely on an Epstein-files discharge petition, and erodes democratic norms.
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What’s at Stake in Mike Johnson’s Refusal to Administer the Oath to Adelita Grijalva?
Cornell Law professor Michael C. Dorf discusses House Speaker Mike Johnson’s refusal to administer the oath of office to Adelita Grijalva, a duly elected representative from Arizona, and examines the constitutional and legal implications, particularly in light of the U.S. Supreme Court’s 1969 decision in Powell v. McCormack . Professor Dorf argues that Johnson’s actions appear to be a politically motivated and constitutionally baseless effort to block Grijalva from voting—potentially on the Epstein files discharge petition—and reflects a broader disregard for democratic norms and the rule of law.
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Michael C. Dorf @dorfonlaw.bsky.social · 12/09/2025
Promoting their respective new books, Justices Sotomayor & Barrett sat for interviews. As I explain on @justiaverdict.bsky.social, each offered pablum about SCOTUS. Barrett also sowed confusion about fundamental rights & displayed obliviousness to the Trump administration's threat to democracy.👇
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Justices Sotomayor and Barrett Are Must-See TV—But Not in a Good Way
Cornell Law professor Michael C. Dorf examines recent interviews with Justices Amy Coney Barrett and Sonia Sotomayor, focusing primarily on Barrett’s CBS interview and both Justices’ comments on the S...
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lcgriffin.bsky.social @lcgriffin.bsky.social · 29/07/2025
I wrote on @justiaverdict.bsky.social about Robert Hoatson's excellent new book on his long work against abuse in the Catholic Church. verdict.justia.com/2025/07/29/a...
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A Sacrifice
UNLV Boyd School of Law professor Leslie C. Griffin reviews Dr. Robert Hoatson’s book The Sacrifice of the Masses, which details his experiences as a former Catholic priest turned whistleblower who ex...
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Justia’s Verdict @justiaverdict.bsky.social · 29/07/2025
Prof. Meredith Miller explores the complex state-by-state landscape of non-compete agreements, following the failed federal effort to ban them. She argues that outright bans offer the clearest, fairest solution for both employers and employees.
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The Current Status of Non-Compete Agreements: It’s Complicated
Albany Law School professor Meredith R. Miller examines the complex and evolving legal landscape of non-compete agreements in the United States, highlighting how their enforceability varies widely acr...
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Justia’s Verdict @justiaverdict.bsky.social · 25/07/2025
@kathrynrobb.bsky.social argues that media fixation on the Epstein list obscures America's child sexual abuse epidemic. Instead, focus should be on concrete reforms: ending statutes of limitations, banning NDAs in abuse cases, and mandating institutional accountability to protect children.
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Epstein, the Headlines, and the Children We Ignore
Kathryn Robb, National Director of the Children’s Justice Campaign at Enough Abuse, examines how the media and political frenzy over Jeffrey Epstein’s client list has overshadowed the broader epidemic...
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Justia’s Verdict @justiaverdict.bsky.social · 25/07/2025
Joseph Margulies explains why he eschews daily political outrage to seek more profound understanding. He argues for crafting a comprehensive narrative that explains our moment—accounting for economic transformation, demographic shifts, and the decline of white hegemony.
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The Thing Itself
Cornell professor Joseph Margulies explains why he chooses not to follow the daily outrages of the Trump administration, instead focusing on understanding the broader narrative and underlying forces t...
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Justia’s Verdict @justiaverdict.bsky.social · 23/07/2025
Prof. Vik Amar examines #SCOTUS expanded use of expedited procedures. He argues rushed "shadow docket" cases and preliminary injunction appeals compromise judicial reasoning and legitimacy, particularly given the Court's inconsistent approach to resolving merits on incomplete records
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Musings on the Supreme Court’s Handling of its Emergency (“Shadow”) Docket, and Other, Related Procedural Shortcomings in the Court’s Work in the 2024-25 Term
UC Davis Law professor Vikram David Amar examines the Supreme Court’s increasing reliance on expedited “shadow docket” cases and preliminary injunction appeals that bypass normal procedural safeguards...
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Justia’s Verdict @justiaverdict.bsky.social · 23/07/2025
Fed Chair Jerome Powell faces pressure from President Trump to lower interest rates, but @dorfonlaw.bsky.social argues Powell's caution is warranted and suggests that market forces may ultimately constrain presidential overreach.
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Will Anybody Save Federal Reserve Independence?
Cornell Law professor Michael C. Dorf examines President Trump’s threats to fire Federal Reserve Chair Jerome Powell over Powell’s refusal to lower interest rates amid economic uncertainty from Trump’...
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Justia’s Verdict @justiaverdict.bsky.social · 23/07/2025
Four law professors debate whether secession could happen in modern America. While most agree geographic realities make state secession unlikely, author @rodgerdcitron.bsky.social explores how "soft secession" through sanctuary cities and nullification may already be occurring.
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No Exit: There’s Been Talk of Secession; Could It Occur Nowadays?
Touro University, Jacob D. Fuchsberg Law Center professor Rodger Citron examines whether Americans should be concerned about the prospect of secession in today’s politically polarized climate, compili...
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Michael C. Dorf @dorfonlaw.bsky.social · 23/06/2025
In my new column on @justiaverdict.bsky.social I say the SCOTUS ruling upholding Tennessee's ban on gender-affirming care for minors avoided the harshest anti-trans rhetoric, but in treating the ban as a good-faith effort to protect health and ensure informed consent, the Court sanitized bigotry. 👇
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The Roberts Court Puts a Velvet Glove on the Iron Fist of Anti-Trans Backlash
Cornell Law professor Michael C. Dorf examines the Supreme Court’s decision in United States v. Skrmetti upholding Tennessee’s SB1 law banning gender-affirming care for transgender minors. Professor D...
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Michael C. Dorf @dorfonlaw.bsky.social · 28/05/2025
Ronald Reagan proposed a missile defense system that came to be called Star Wars. It was expensive, impractical, and a violation of a treaty then in force. Trump has proposed Golden Dome--a Star Wars sequel so bad it should feature Jar Jar Binks. Details in my column for @justiaverdict.bsky.social 👇
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Golden Dome is the Worst Star Wars Sequel Ever
Cornell Law professor Michael C. Dorf critiques President Donald Trump’s proposed “Golden Dome” missile defense system, positioning it as a modern sequel to Reagan’s failed “Star Wars” initiative, and...
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Justia’s Verdict @justiaverdict.bsky.social · 28/05/2025
Professors Vik Amar and Jason Mazzone examine Justice Kagan’s dissent in Trump v. Wilcox, challenging her critique of presidential overreach and arguing that constitutional disobedience by the President can be a legitimate means of bringing outdated precedent before the Court for reconsideration.
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Justice Kagan’s Provocative but Problematic Assertions in Trump v. Wilcox that Effectively Treat Presidents Like Lower Federal Judges with Regard to a Duty to Follow Past Supreme Court Precedent
UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone analyze the Supreme Court’s decision in Trump v. Wilcox regarding presidential authority to remove federal agency offi...
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Justia’s Verdict @justiaverdict.bsky.social · 19/05/2025
Cornell professor Joseph Margulies challenges Stephen Miller's call to reopen Alcatraz, arguing that true justice requires recognizing the potential for redemption among incarcerated individuals—something Miller overlooks in favor of fear and exclusion.
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Stephen, Go to Prison
Cornell professor Joseph Margulies critiques Stephen Miller’s advocacy for reopening Alcatraz as a symbolic place to isolate and permanently segregate violent offenders, using it as a lens to explore....
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Justia’s Verdict @justiaverdict.bsky.social · 16/05/2025
Guest columnist Gary J. Simson argues that President Trump’s executive orders penalizing certain law firms mirror unconstitutional bills of attainder, warning they undermine core principles of justice and the rule of law. A Supreme Court reckoning may be necessary.
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The President’s Orders Targeting Law Firms as Unconstitutional Bills of Attainder—Damning Lessons from the Past
Guest columnist Gary J. Simson—Macon Chair in Law at Mercer Law School and Professor Emeritus at Cornell Law School—critiques executive orders issued by President Donald Trump that punish specific law...
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Justia’s Verdict @justiaverdict.bsky.social · 14/05/2025
Professor @rodgerdcitron.bsky.social reflects on Justice David Souter’s legacy and suggests that Souter‘s intellectual rigor and nuanced opinions in cases like Twombly and Mead, though admirable, may have unintentionally limited their long-term impact on the law.
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The Justice Who May Have Been Too Smart for the Job
Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines the judicial legacy of Justice David Souter, focusing on how his intellectually rigorous and nuanced approach in key...
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Justia’s Verdict @justiaverdict.bsky.social · 13/05/2025
Cornell Law professor @dorfonlaw.bsky.social reflects on Justice David Souter’s legacy, arguing that Souter embodied a principled, traditional conservatism rooted in judicial restraint—offering a stark contrast to today’s ideologically driven Supreme Court appointments.
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Yes, More Souters, Please
Cornell Law professor Michael C. Dorf examines the judicial philosophy and legacy of Supreme Court Justice David H. Souter, contrasting him with ideologically driven judges and situating his approach....
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Michael C. Dorf @dorfonlaw.bsky.social · 30/04/2025
A very brief🧵: A recent NY Times article reports on a survey of 35 scholars (including me) asking about the worst excesses of the Trump administration thus far. I discuss the article in my latest column for @justiaverdict.bsky.social. Here's my column. 👇
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34 out of 35 Scholars Agree: Trump is a Lawless Authoritarian
Cornell Law professor Michael C. Dorf evaluates the constitutional and legal abuses committed by Donald Trump during his second term as president, based on a New York Times survey of 35 legal scholars...
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Justia’s Verdict @justiaverdict.bsky.social · 02/05/2025
@lcgriffin.bsky.social dissects this week's #SCOTUS oral argument in OK Charter School Board and argues that approving publicly funded religious charter schools—like Oklahoma's St. Isidore—violates the Establishment Clause and threatens religious neutrality in public education.
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Just Say No to “Catholic Public” School
UNLV Boyd School of Law professor Leslie C. Griffin analyzes a pending U.S. Supreme Court case in which the State of Oklahoma is challenging the approval of a publicly funded Catholic charter school,....
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Justia’s Verdict @justiaverdict.bsky.social · 02/05/2025
Profs Vik Amar, Alan Brownstein, and Jason Mazzone analyze a TX judge's challenge to disciplinary rules after refusing to officiate same-sex marriages. They contend that religious beliefs cannot justify discrimination in the exercise of public authority.
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Can Judges in Texas Discriminate Against Same-Sex Couples in Solemnizing Marriages? Part Two in a Two-Part Series on the Fifth Circuit’s Umphress v. Hall Case
UC Davis Law professor Vikram David Amar, professor emeritus Alan Brownstein, and Illinois Law professor Jason Mazzone analyze the Fifth Circuit’s decision in Umphress v. Hall, a case involving a Texa...
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Justia’s Verdict @justiaverdict.bsky.social · 28/04/2025
Vik Amar argues that while the Trump administration has rightly been criticized for attacks on judicial independence, Judge Hannah Dugan’s arrest for allegedly obstructing federal immigration enforcement stands on firmer constitutional ground.
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Why the Arrest of Judge Dugan in Wisconsin Does not Necessarily Constitute an Illegitimate Attack on the Judiciary by the Trump Administration
UC Davis Law professor Vikram David Amar discusses concerns about constitutional violations by the Trump administration and examines claims that the arrest of Wisconsin state judge Hannah Dugan fits i...
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Justia’s Verdict @justiaverdict.bsky.social · 28/04/2025
As @rodgerdcitron.bsky.social explains, Judge Wilkinson’s opinion in the Abrego Garcia case highlights the judiciary’s pivotal role in resisting executive overreach during a potential constitutional transformation, reflecting Bruce Ackerman’s theory of dualist democracy.
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Judge Wilkinson’s Dualist Opinion in Abrego Garcia v. Noem: Judicial Review of Executive Branch Action in a Transformative Time
Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Judge J. Harvie Wilkinson’s recent Fourth Circuit ruling in the deportation case of Kilmar Abrego Garcia, situating....
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Michael C. Dorf @dorfonlaw.bsky.social · 15/04/2025
My latest column for @justiaverdict.bsky.social argues that even if Trump's tariffs boost U.S. manufacturing (a very big "if"), they won't create many jobs. His effort to restore a 19th century economy leaves us woefully unprepared for the disruptive force of AI in the 21st century. 👇
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Fighting the Last (Trade) War: Trump Ignores the Coming AI Revolution
Cornell Law professor Michael C. Dorf critiques the Trump administration’s tariff policies and broader economic strategy, arguing that they are misguided in the face of rapidly advancing technology, p...
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Justia’s Verdict @justiaverdict.bsky.social · 09/04/2025
Illinois Law professors Lesley Wexler and @tonyghiotto.bsky.social analyze the broader fallout of the transgender military ban, examining its chilling effect on mental health care across the armed forces and the legal precedents it sets for future challenges to executive authority over the military.
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The Transgender Military Ban: Part II: Collateral Consequences for Mental Health Access and Lessons for Future Litigants
In this second of a two-part series, Illinois Law professors Lesley M. Wexler and Anthony Ghiotto examine the broader implications of the Trump administration’s attempt to ban transgender individuals....
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Tony Ghiotto @tonyghiotto.bsky.social · 08/04/2025
Thankful to @justiaverdict.bsky.social for supporting and publishing Part I of our deep dive of the litigation involving Trump’s bad of transgender service members verdict.justia.com/2025/04/07/t...
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The Transgender Military Ban: Part I: District Court Rejection of Deference and Secretary of Defense Hegseth’s Rejection of Judge Reyes
Illinois Law professors Lesley M. Wexler and Anthony Ghiotto examine recent judicial rulings halting the enforcement of a Trump administration executive order banning transgender individuals from mili...
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Justia’s Verdict @justiaverdict.bsky.social · 04/04/2025
Amherst prof Austin Sarat argues that Edward Martin's nomination as U.S. Attorney for D.C. raises serious concerns about the politicization of federal law enforcement due to his record of partisan prosecutions, and he calls on the Senate not to confirm Martin.
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United States Attorney for The District of Columbia Shows What Weaponized Justice Really Looks Like
Amherst professor Austin Sarat critiques the nomination of Edward Martin as U.S. Attorney for the District of Columbia, examining how his conduct exemplifies what critics call the “weaponization” of t...
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Michael C. Dorf @dorfonlaw.bsky.social · 02/04/2025
House Speaker Mike Johnson proposed eliminating one or more federal district courts to block rulings against the Trump administration. Is that constitutional? In my latest column for @justiaverdict.bsky.social I discuss two 19th precedents and why they shouldn't be given weight today. 👇
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Is House Speaker Mike Johnson’s Proposal to Eliminate Federal Judgeships Constitutional?
Cornell Law professor Michael C. Dorf examines recent calls by President Donald Trump, Speaker Mike Johnson, and their allies in Congress to remove or sideline federal judges who have blocked Trump ad...
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Justia’s Verdict @justiaverdict.bsky.social · 31/03/2025
Profs Vik Amar and Jason Mazzone critique 5th Circuit denial of rehearing en banc in a case on counting mail-in ballots received after Election Day and question the legal basis for an EO enforcing stricter deadlines. The authors argue for preserving state flexibility and urge #SCOTUS review.
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Important Developments in the White House and in the Fifth Circuit’s Wetzel Case Make More Likely (and More Important) Supreme Court Resolution of What Federal “Election Day” Means
UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone address the Fifth Circuit’s refusal to rehear a case challenging a Mississippi law allowing mail-in ballots postmarked...
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Justia’s Verdict @justiaverdict.bsky.social · 31/03/2025
In this second of a two-part series, Professor Neil Buchanan exposes how Republican leaders—despite public denials—are actively undermining Social Security through disinformation, administrative sabotage, and privatization efforts that threaten the economic security of millions of Americans.
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Social Security is Essential, Efficient (Gasp!), and Definitely NOT a Ponzi Scheme: Part Two of Two
In this second of a two-part series of columns discussing Donald Trump and Republicans’ efforts to dismantle Social Security, University of Toronto visiting law professor and economist Neil H. Buchana...
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Justia’s Verdict @justiaverdict.bsky.social · 31/03/2025
Professor Neil Buchanan exposes the false claim that Social Security is a Ponzi scheme and explains how the program is financially sustainable. He warns that political attacks and misinformation could undermine one of America's most successful social programs.
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Social Security is Essential, Efficient (Gasp!), and Definitely NOT a Ponzi Scheme: Part One of Two
University of Toronto visiting law professor and economist Neil H. Buchanan addresses the Trump administration’s attacks on Social Security, particularly through cutting the budget to force the system...
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Justia’s Verdict @justiaverdict.bsky.social · 19/03/2025
Cornell Law Professor @dorfonlaw.bsky.social explains how the Trump administration's apparent defiance of a federal court order on deportations seriously threatens judicial authority and constitutional democracy.
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Trump’s Justice Department Plays Dirty
Cornell Law professor Michael C. Dorf examines the Trump administration’s apparent disregard for judicial authority, focusing on its defiance of a court order prohibiting the use of the Alien Enemies....
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Justia’s Verdict @justiaverdict.bsky.social · 19/03/2025
Prof Neil Buchanan argues that Chuck Schumer's decision to prevent a government shutdown was the least bad option because a shutdown would have strengthened Trump’s power
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Schumer Was (Unfortunately) Right, But Either Way, the Infighting Must Stop
University of Toronto visiting law professor and economist Neil H. Buchanan discusses Senate Majority Leader Chuck Schumer’s decision to avert a government shutdown by supporting a controversial conti...
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Justia’s Verdict @justiaverdict.bsky.social · 18/03/2025
Cornell professor Joseph Margulies argues that Trump's plan to detain migrants at #Guantanamo was never viable, but that was never the point. Rather, his real goal was to reshape public perception, using Guantanamo as a symbol to dehumanize immigrants and redefine who belongs in America.
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Guantanamo and the Performative President
Cornell professor Joseph Margulies discusses President Donald Trump’s attempt to use Guantanamo Bay as a detention facility for migrants, highlighting the legal and logistical obstacles that make such...
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Justia’s Verdict @justiaverdict.bsky.social · 18/03/2025
Amherst professor Austin Sarat examines how the Trump administration's defiance of a federal court order by secretly deporting Venezuelan immigrants challenges constitutional democracy and sets a dangerous precedent.
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The Trump Administration Defies a Court Order in the Venezuelan Gang Case and Pushes America Into Unchartered Territory
Amherst professor Austin Sarat discusses the Trump administration’s late-night deportation of alleged Venezuelan gang members despite a federal judge’s order to halt the process and examines the impli...
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