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Joshua J. Freundel

@lawlawcoolj.bsky.social
2.7K followers 764 following 752 posts

Lawyer. Defender of the liberal order. Legal interpretation, Fed Courts, the First Amendment, and Halakhic jurisprudence. Sartorially competent.

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Joshua J. Freundel @lawlawcoolj.bsky.social · 09/09/2026
Is a mistrial a feature of U.S. law specifically, or does it exist in other countries?
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Joshua J. Freundel @lawlawcoolj.bsky.social · 09/09/2026
Is there any rhetorical flourish in U.S. judicial history that has caused more confusion than Justice Holmes' "a man falsely shouting fire in a theatre and causing a panic"?
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Joshua J. Freundel @lawlawcoolj.bsky.social · 04/09/2026
Some paralegal is having the most intense day of her life right now.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 04/09/2026
To anyone who thinks that Lindsay Clancy simply “gets off scot free” if she’s found not guilty: under MA General Laws c. 123 § 16, the judge can have her civilly committed, first for a 40-day evaluation, then for 6 months, and then for recurring 1 year periods as needed.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 01/09/2026
The problem with this is that Matt will win every time.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 31/08/2026
So the renaming might be illegal. But the recurring question becomes who has standing to sue? Does New York just refuse to update its signage and have a potential defense?
Tweet from Jonathan Adler: “So it appears Lake Ontario is named as such in the Treaty of Canandaigua, signed by President George Washington and ratified by Congress in 1795.”
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Joshua J. Freundel @lawlawcoolj.bsky.social · 03/08/2026
Let’s say a future DOJ determines that an immunity deal, albeit one that doesn’t include a large payout, was the result of a clearly corrupt bargain. Could that DOJ unbind itself from the deal? What if that corrupt deal, under a unitary executive theory, amounted to an illegal self-pardon?
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Joshua J. Freundel @lawlawcoolj.bsky.social · 27/07/2026
Given recent news, would it make sense to have a 25th Amendment analogue for members of Congress? I guess the key question is who would be constitutionally recognized to affect the suspension/removal.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 14/07/2026
Josh is convincing me that the turn to "commonsense" constitutionalism is a good thing.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 09/07/2026
More in the spirit of the original question, there aren’t many living *fiction* writers that I’ve read 5 or more volumes of. J.K. Rowling George R.R. Martin That might be it. Many more in the nonfiction space.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 09/07/2026
I hate that my first answer is Sunstein.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 07/07/2026
The mea culpa is appreciated. It’s also become quite tiresome to see inexcusably shortsighted people with large influence figure out their own shortcomings at the expense of everyone else.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 07/07/2026
I hate it when Karma comes for my team.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 07/07/2026
Comedy is legally material again.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 06/07/2026
Portugal made the mistake of signing a treaty where they left Spain with everything west of the penalty kick line. Devastating. #WorldCup
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Joshua J. Freundel @lawlawcoolj.bsky.social · 06/07/2026
Even for those who tend to doubt such accusations, this is particularly believable. It includes corroboration at the time it happened, and confirmation long before Platner became a public figure. I really hope the Democrats do the moral thing (finally) and encourage Platner to exit the race.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 06/07/2026
Now we get a ruling on standing grounds! This World Cup has everything.
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Ian Boudreau @ianboudreau.com · 06/07/2026
Ah, if only there had been some kind of sign. Some sort of indication. A symbol, perhaps, that might have hinted that things would go terribly awry
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Joshua J. Freundel @lawlawcoolj.bsky.social · 06/07/2026
Sovereign is he that decides on the exception.
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Andrew Lawrence @ndrew.bsky.social · 06/07/2026
people need to go to jail over this, its the only thing the democratic party should be saying right now. all of them, in unison, no matter the question or topic, needs to be saying “insider trading is against the law”
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Gillian Brockell @gillianbrockell.com · 06/07/2026
There's a part in the book "Careless People" where the author beats Zuck at Settlers of Catan, and he is absolutely wrecked by it. Someone pulls her aside to explain everyone else has been letting him win for years. I think about this a lot re: why tech bros think everyone will love AI chatbots.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 06/07/2026
This whole FIFA red card SNAFU (and @annabower.bsky.social’s clearly correct analysis) is actually a great demonstration of the oft-overlooked difference between writing a law and reading it. This is a terrible, Schmittian abuse of fairness, but it is the rule as it was passed.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 06/07/2026
“You know what the best part of soccer is? The lawyers.” This is such a layered joke, I love it.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 06/07/2026
You mean to tell me the best striker for Norway is named Holland?
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Joshua J. Freundel @lawlawcoolj.bsky.social · 06/07/2026
We are all FIFA textualists now.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 02/07/2026
I think he's drawing the wrong lesson from William Henry Harrison's inaugural address
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Joshua J. Freundel @lawlawcoolj.bsky.social · 01/07/2026
Re. Birthright Citizenship: Wurmtongue achieved even more than he hoped, because the discourse in conservative circles has now moved from "there's a colorable argument" to "the law is obviously on the other side and the Supreme Court has made a grievous error."
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Joshua J. Freundel @lawlawcoolj.bsky.social · 30/06/2026
Birthright Citizenship was supposed to be a slam dunk, not a reaffirmation of the Rule of Five. Hard not to give in to Legal Realism on a day like today.
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Julian Davis Mortenson @jdmortenson.bsky.social · 30/06/2026
“Considering the four exceptions as a permanently frozen or closed set as of…1868—such that there can be no subsequent exceptions recognized based on new developments—is inconsistent with [our] approach to const’l interpretation in a variety of areas.” 🙏 grateful to see some 2nd Amdt common sense 🙏
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Joshua J. Freundel @lawlawcoolj.bsky.social · 30/06/2026
Something I learned from having depression: Disappearing to try and treat it is far less problematic than not communicating to anyone that that's what you've done.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 30/06/2026
It's remarkable to think that agency heads and "Judges of the supreme Court" are constitutionally appointed in the same way, and then see one group reduced to an almost figurehead status while the other makes sweeping and enormous decisions that upend century-long precedents.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 30/06/2026
The story of this just-ended SCOTUS term, and what connects the two most "important" cases (Slaughter and Barbara), is the enormous shifting of power from one group of unelected officials (agency heads) to another (Justices), whose appointments are effected in the exact same way.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 29/06/2026
We are none of us originalists now.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 26/06/2026
For real this time?
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Joshua J. Freundel @lawlawcoolj.bsky.social · 24/06/2026
"The Kingdom of Great Britain Won the War With the American Colonies"
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Joshua J. Freundel @lawlawcoolj.bsky.social · 24/06/2026
Think piece: Would Mamdani's picks be 3 for 3 in congressional races if the Knicks hadn't won the NBA Finals?
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Joshua J. Freundel @lawlawcoolj.bsky.social · 24/06/2026
Several disappointing results out of the New York congressional primaries, but at least do-nothing Jack Schlossberg is a distant third in NY-12.
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The Questionable Authority @questauthority.bsky.social · 17/06/2026
Platner is a self-inflicted moral wound on the Democratic Party.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 19/06/2026
Fun fact: This is an official presidential act, so if Trump strangled him while trying to tie the medal he would be immune under Supreme Court precedent.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 18/06/2026
Don't worry JD, Ben is just joking
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Joshua J. Freundel @lawlawcoolj.bsky.social · 17/06/2026
In Groff v. DeJoy (2023) at footnote 14 Justice Alito writes that the Court needn't decide at that time whether the religion section of Title VII "displaces" RFRA in places where both might apply. Does it make sense to speak of "displacing" a statute that was passed later in time?
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Joshua J. Freundel @lawlawcoolj.bsky.social · 14/06/2026
Hot take: This Knicks run was amazing. Unprecedented. And I'm happier running it back with the same personnel if I'm the Spurs, who just lost, than if I'm the NBA Champion Knicks.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 11/06/2026
In the first chorus of Empire State of Mind, Jay-Z says “you’re welcome, OG.” He knew.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 10/06/2026
Backrooms Back 2 the Rooms Backrooms 3: Louder and Roomier Backrooms Begins Backrooms: The Dark Light The Back and the Rooms BCKRMS Out of the Backrooms Backrooms Forever BaXrooms
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Joshua J. Freundel @lawlawcoolj.bsky.social · 05/06/2026
Otherwise it's just Sparkling Racially-Adjacent Electioneering.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 26/05/2026
This is an incredible admission. And he doesn't even mention (perhaps he hopes we forgot) that the NYT op-ed didn't even take the "pro-Trump" position; it simply argued (wrongly) that there was a colorable question. And then he scolded those who called him out, saying he was just raising questions.
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Joshua J. Freundel @lawlawcoolj.bsky.social · 26/05/2026
Goodnight, Cleveland.
Picture of Jarrett Allen with the quote "The lights were brighter than expected."
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Joshua J. Freundel @lawlawcoolj.bsky.social · 25/05/2026
What does it say for the Natural Law movement that such practices were considered entirely moral and in accordance with divine reason for hundreds of years?
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Joshua J. Freundel @lawlawcoolj.bsky.social · 20/05/2026
Seems like France's MeToo reckoning is going about as well as the United States' did
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Joshua J. Freundel @lawlawcoolj.bsky.social · 20/05/2026
There shouldn't be any "future editions" of this book, Steven Rosenbaum should no longer be accepted as an authority on this subject, and he should lose whatever influence he has. Nothing he says in the future can be taken at face value, and he did this to himself by essentially committing fraud.
Text from a New York Times article: As I disclosed in the book's acknowledgments, I used A.I. tools ChatGPT and Clause during the research, writing and editing process," Mr. Rosenbaum said in the statement. "That does not excuse these errors, of which I take full responsibility. I am now working with the editors to thoroughly review and quickly correct any affected passages; any future editions will be corrected."
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