Sign in

Marty Lederman

@martylederman.bsky.social
23K followers 369 following 2.7K posts

Professor at Georgetown University Law Center; former DOJ/OLC attorney

PostsRepliesMedia
Marty Lederman @martylederman.bsky.social · 11h
I don't know if there's a solid legal claim here and I'm certainly skeptical of Uthmeier, but this is a helluva lede: "[OpenAI/Sam Altman] have asked the government to tie them to the mast. Plaintiff brings good news to the Defendants: The Florida Attorney General is answering your cry for help."
myfloridalegal.com
093
Marty Lederman @martylederman.bsky.social · 27/09/2026
Poetic justice for Michigan (and I'm a U-M alum). If the University had any class and integrity, it would have conceded the loss to Western Michigan.
2173
Marty Lederman @martylederman.bsky.social · 26/09/2026
Thanks so much, @annkpowers.bsky.social, for this. "Beloved" is just right--47 years and counting for me. Maggie's death was and remains gutting. Wish "A Dove" got more love, though. Possibly add "You're the Two" and (especially) "Maid of the Seas" to your list? [1] view.nl.npr.org?vawpToken=YA...
view.nl.npr.org
Newsletter continues after sponsor message
160
Marty Lederman @martylederman.bsky.social · 25/09/2026
No dissents. And this is about as unequivocal as it gets: "The District Court and Court of Appeals should not enjoin or otherwise prohibit the use of the 2022 map in the 2026 congressional election in Missouri. And ... @rickhasen.bsky.social
1314
Marty Lederman @martylederman.bsky.social · 25/09/2026
Stay granted in Missouri election case. "Our conclusion that pteh Eighth Circuit's decision] was error should come as no surprise." (And they expressly find at least one plaintiff had standing!) www.supremecourt.gov/opinions/25p...
supremecourt.gov
0130
Marty Lederman @martylederman.bsky.social · 25/09/2026
So many questions. Is "Is the book good?" the "question we should be asking"? (A. Gefen) Is "artificial literature" an oxymoron? (A. Quentin) Should we call it "super literature"? (D. Trump) What'll we think of this controversy in ten years? (M. Lederman) www.nytimes.com/2026/09/25/w...
nytimes.com
Charges of A.I. Writing in a Lauded Novel, and a Fight Over the Literary Future
“It Was Either That Or Die,” by the Haitian-Canadian author Thélyson Orélien, was the hit of the French literary season. Now it has been pulled from the shortlist for a prestigious prize.
030
Marty Lederman @martylederman.bsky.social · 24/09/2026
thanks
010
Marty Lederman @martylederman.bsky.social · 24/09/2026
ICYMI: Yesterday, the Department of Justice actually submitted this unhinged Truth Social post to a federal court as (literally) "Exhibit A" in justification of Trump's exclusion of MSNow from the White House. What can you possibly say? [1] storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
Exhibit – #23, Att. #2 in CABLE NEWS NETWORK, INC. v. TRUMP (D.D.C., 1:26-cv-03287) – CourtListener.com
DECLARATION Supplemental Notice by STEVEN CHEUNG, SEAN M. CURRAN, DONALD J. TRUMP, SUSAN WILES. (Attachments: # 1 Exhibit, # 2 Exhibit)(Velchik, Michael) (Entered: 09/23/2026)
185
Marty Lederman @martylederman.bsky.social · 24/09/2026
Yesterday, the Department of Justice actually submitted this unhinged Truth Social post to a federal court as (literally) "Exhibit A" in justification of Trump's exclusion of MSNow from the White House. Words fail. storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
Exhibit – #23, Att. #1 in CABLE NEWS NETWORK, INC. v. TRUMP (D.D.C., 1:26-cv-03287) – CourtListener.com
DECLARATION Supplemental Notice by STEVEN CHEUNG, SEAN M. CURRAN, DONALD J. TRUMP, SUSAN WILES. (Attachments: # 1 Exhibit, # 2 Exhibit)(Velchik, Michael) (Entered: 09/23/2026)
3265
Marty Lederman @martylederman.bsky.social · 23/09/2026
Party briefs are now in. Possible the federal SG will file in next 20 minutes. Court likely to act later today.
1163
Marty Lederman @martylederman.bsky.social · 23/09/2026
This is really good but, as its final sentence acknowledges, it assumes something not in evidence, viz., that the SCOTUS majoirty genuinely cares about first principles and history & tradition. Cf. also the latest (terrific) Bayefsky and Nelson articles. One question for Will: [1]
182
Marty Lederman @martylederman.bsky.social · 23/09/2026
Application to SCOTUS. Response due at 2:00. www.supremecourt.gov/DocketPDF/26...
supremecourt.gov
2120
Reposted by Marty Lederman
Marty Lederman @martylederman.bsky.social · 23/09/2026
Eighth Circuit just denied plaintiffs' emergency motion to recall the mandate and stay the injunction, so now it's on to the SCOTUS. @rickhasen.bsky.social
12812
Reposted by Marty Lederman
Mark Histed @markhisted.org · 23/09/2026
These people inside NIH working on grants are really the best of the country, people who are not being paid big bucks but care about the mission; care about something bigger than themselves.
110017
Marty Lederman @martylederman.bsky.social · 23/09/2026
Eighth Circuit just denied plaintiffs' emergency motion to recall the mandate and stay the injunction, so now it's on to the SCOTUS. @rickhasen.bsky.social
12812
Marty Lederman @martylederman.bsky.social · 22/09/2026
Better Things at #82 is approximately 81 places too low. www.nytimes.com/interactive/...
nytimes.com
The 100 Best TV Shows of the 21st Century
More than 500 influential stars, showrunners and other notable names in the world of TV voted on the best series released since Jan. 1, 2000. See what they chose.
130
Marty Lederman @martylederman.bsky.social · 22/09/2026
If I'm not mistaken, this (unlawful) injunction would prevent Missouri from having *any* House election in November, b/c there are now two injunctions--one prohibiting the use of the "2025" map and the other prohibiting the use of all other maps. storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
Permanent Injunction – #60 in Onder v. State of Missouri (E.D. Mo., 4:26-cv-01424) – CourtListener.com
AMENDED PERMANENT INJUNCTION: On September 21, 2026, the Eighth Circuit issued its disposition in Onder v. von Glahn, No. 26-2797 (8th Cir. Sep. 21, 2026). In accord with the Eighth Circuit's order, t...
45824
Marty Lederman @martylederman.bsky.social · 22/09/2026
Perfect choice of song to play together for the encore of the final gig of their joint tour--released right in between Exile in Guyville and Call the Doctor! #sleater-kinney #lizphair www.youtube.com/watch?v=oAnY...
youtube.com
Liz Phair & Sleater Kinney "Connection" (Elastica Cover) LIVE | Boston, MA | September 21, 2026
YouTube video by Concerts Hub
0104
Marty Lederman @martylederman.bsky.social · 20/09/2026
More informative headine: Trump Proposes to Turn Structure Next to Arlington National Cemetery Into a Military Object an Enemy Could Lawfully Target. (yeah, great idea) @justsecurity.org www.washingtonpost.com/politics/202...
washingtonpost.com
Trump says planned arch will be ‘military complex’ for drones, snipers
The president's post about the arch planned near Arlington National Cemetery comes as veterans groups, historic preservationists and others attempt to stop the project.
33716
Marty Lederman @martylederman.bsky.social · 18/09/2026
*Best-case* scenario appears to be an IDF policy of permitting 20 anticipated civilian deaths in order to kill one Hamas member. I don't see how that could possibly not violate the LOAC requirement of proportionality. @justsecurity.org @rgoodlaw.bsky.social [1] www.nytimes.com/2026/09/18/o...
nytimes.com
Opinion | Israel Is Going to War Against a Documentary
It’s hard to tell whether Israelis are enraged by “NAZA” because they think it’s full of lies, or because they know or fear it’s true.
12914
Marty Lederman @martylederman.bsky.social · 17/09/2026
Oh, this is comforting.
53612
Marty Lederman @martylederman.bsky.social · 15/09/2026
@zjmontague.bsky.social, @nytimes.com: Any reason why there's no link to the Cooper opinion? www.nytimes.com/2026/09/15/a...
nytimes.com
Trump’s Name Must Stay Off Kennedy Center, Judge Rules
A federal judge said he would not approve a plan to inscribe President Trump’s name on the building.
295
Marty Lederman @martylederman.bsky.social · 15/09/2026
Statutory construction as interior design: When Justice Alito confronts congressional enactments that get in the way of his desired outcome, he refers to them as "niche" and "tucked away in a corner." www.supremecourt.gov/opinions/25p...
supremecourt.gov
1289
Marty Lederman @martylederman.bsky.social · 14/09/2026
The SG just filed a supplemental brief in response to Judge Nichols’ ruling, in which he insists the injunction “interfer[es] with efforts to deter and catch voter fraud, and to foster greater public confidence that such fraud is not occurring.” Yet, ... @rickhasen.bsky.social @justsecurity.org
184
Marty Lederman @martylederman.bsky.social · 14/09/2026
Here's my most recent piece on the mail ballot case the SCOTUS might decide any day now, focusing on the remarkable (and telling) omissions in the Solicitor General's reply brief--now updated to account for Judge Nichols' important opinion last night. www.justsecurity.org/156963/usps-...
justsecurity.org
What’s Conspicuously Missing from the Government’s Supreme Court Reply Brief in the Mail Ballots Case
Marty Lederman on the Solicitor General's reply brief in the USPS mail-in ballot case before the Supreme Court.
02816
Reposted by Marty Lederman
Matthew Yglesias @mattyglesias.bsky.social · 14/09/2026
None of these AI companies is trustworthy but in terms of engagement with politics what OpenAI is doing is uniquely destructive. www.slowboring.com/p/a-simple-p...
510521
Marty Lederman @martylederman.bsky.social · 14/09/2026
Please read. Whether or not @mattyglesias.bsky.social is right about all the specifics, this is very informative and sober-minded, and it's the sort of thing we (and, more to the point, those in the industry and the government) should be focused on now. open.substack.com/pub/matthewy...
open.substack.com
A simple plan to save the world from rogue A.I.
Plus a not-so-simple plan to save the world from rogue A.I.
064
Marty Lederman @martylederman.bsky.social · 14/09/2026
The following ten things could all be true: 1. Virtually all of the public statements in this controversy have been maddeningly and unfortunately lacking in specifics. 2. Chancellor Frank's reference to UCLA not endorsing an individual's "viewpoints" was *very* unfortunate and misleading, ... [1]
161
Marty Lederman @martylederman.bsky.social · 13/09/2026
My latest on the mail ballot case (especially the implications of the SG's reply brief), after the court of appeals denied a stay and Supreme Court briefing is now complete. The SCOTUS could rule on the Government's stay application at any time.
02417
Marty Lederman @martylederman.bsky.social · 12/09/2026
"A bit of a damn break." Thank god. It might not be enough, but it certainly was necessary. www.nytimes.com/2026/09/12/t...
nytimes.com
Inside the Discussions at AI Companies Over a Superintelligence Doomsday
Researchers at Anthropic, OpenAI, Meta and Google are increasingly trying to raise awareness about the risks of artificial intelligence.
171
Marty Lederman @martylederman.bsky.social · 10/09/2026
Better than the alternative, I suppose ... (now what are the odds that all of the companies, here and abroad, also realize 100% detection?) www.nytimes.com/2026/09/10/u...
nytimes.com
Anthropic Says It Blocked Possible Efforts to Build Biological Weapons
In a new report, the A.I. start-up added that it could not determine if the research was legitimate or nefarious, leading the company to shut down the work.
2112
Marty Lederman @martylederman.bsky.social · 10/09/2026
The Court of Appeals for the First Circuit has denied the government's application to stay the preliminary injunction prohibiting the Postal Service from enforcing its new ballot mailing requirements. [1] @justsecurity.org @rickhasen.bsky.social storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
#00108505918 in League of Women Voters of Massachusetts v. Trump (1st Cir., 26-2029) – CourtListener.com
ORDER entered by Gustavo A. Gelpí, Jr., Appellate Judge; Julie Rikelman, Appellate Judge; and Seth Robert Aframe, Appellate Judge: The motions for a stay are denied. The USPS's request for an administ...
21811
Marty Lederman @martylederman.bsky.social · 09/09/2026
Can't repeat this too often: Figuring out how to address this is far more important than everything else put together. www.axios.com/2026/09/09/a...
axios.com
Anthropic insiders warn AI could kill all humans
Their warnings came just days after top OpenAI leaders, including CEO Sam Altman, said AI is speeding into a scary, uncontrollable phase.
174
Marty Lederman @martylederman.bsky.social · 09/09/2026
Update on the litigation challenging the new Postal Service rule imposing onerous conditions on states' mailing of ballots to voters: 1. Briefing in the Court of Appeals for the First Circuit on the government's motion to stay the injunction is complete--the court could rule at any time. [1]
1126
Marty Lederman @martylederman.bsky.social · 09/09/2026
Kind of remarkable that we live in an age where the President initiated a deeply unpopular war that's patently unconstitutional (OLC hasn't even argued otherwise) and that's been an utter disaster, causing profound harms, and Congress hasn't come close to doing anything about it. That's a new thing.
76524
Marty Lederman @martylederman.bsky.social · 09/09/2026
This is an excellent, important brief, demonstrating in detail what I argued in my post earlier today--namely that there's rarely if ever been a case in which the balance of equities is so one-sided, and that's reason enough to deny the USG's applications to stay the preliminary injunction.
25612
Marty Lederman @martylederman.bsky.social · 08/09/2026
In its latest brief in the USPS mail ballot litigation, DOJ continues to argue that there's "no material difference" between regulations designed to facilitate and expedite ballot delivery and those that would grind it to a halt. oh, ok storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
#00108504599 in League of Women Voters of Massachusetts v. Trump (1st Cir., 26-2029) – CourtListener.com
REPLY filed by Appellants Frank J. Bisignano, Board of Governors of the United States Postal Service, DHS, Joseph B. Edlow, Derek T. Kan, Amber McReynolds, Markwayne Mullin, SSA, David Steiner, Ronald...
66816
Marty Lederman @martylederman.bsky.social · 08/09/2026
Some thoughts on the mail ballots case as it heads to the SCOTUS. Please let me know if I've gotten anything wrong, thanks.
2122
Marty Lederman @martylederman.bsky.social · 06/09/2026
Concur: This paper is quite important, and well worth your time.
1134
Marty Lederman @martylederman.bsky.social · 06/09/2026
wow
050
Marty Lederman @martylederman.bsky.social · 06/09/2026
Sign of the Apocalypse?: On NPR's Weekend Edition this morning, for no apparent reason, they used a snippet of a muzakian cover of the Stones' "Monkey Man" as a segue between segments. Rest assured, it wasn't too messianic, nor even a trifle Satanic.
070
Marty Lederman @martylederman.bsky.social · 06/09/2026
A shanda for Michigan (my alma matter).
2140
Marty Lederman @martylederman.bsky.social · 05/09/2026
DOJ motion to First Circuit to stay the P.I. in mail ballot case. storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
#00108503581 in League of Women Voters of Massachusetts v. Trump (1st Cir., 26-2029) – CourtListener.com
EMERGENCY MOTION to stay preliminary injunction filed by Appellants Frank J. Bisignano, Board of Governors of the United States Postal Service, DHS, Joseph B. Edlow, Derek T. Kan, Amber McReynolds, SS...
273
Marty Lederman @martylederman.bsky.social · 04/09/2026
"harrowing" doesn't begin to describe it. Bears repeating as frequently as possible: This is likely more important/urgent than every other topic discussed here, combined.
1135
Marty Lederman @martylederman.bsky.social · 04/09/2026
Hey, @nytimes.com, any particular reason why you haven't linked to the important document that's the subject of your piece? @jimrutenberg.bsky.social www.nytimes.com/2026/09/03/b...
nytimes.com
F.C.C. Asks Court to Toss ABC Suit Over Broadcast Licenses
The network sued the agency last month to stop it from taking steps that could force ABC stations off the air. The F.C.C. said the lawsuit was premature.
1103
Marty Lederman @martylederman.bsky.social · 04/09/2026
The states’ just-filed opposition to an administrative stay by SCOTUS is all over this—and more. www.supremecourt.gov/DocketPDF/26...
supremecourt.gov
2154
Marty Lederman @martylederman.bsky.social · 04/09/2026
At pages 25-26 of his Application to SCOTUS to allow the Postal Service rule to go into effect immediately, the SG argues that a stay wouldn't harm the states because even North Carolina and Alabama could comply, consistent with their state laws, ... [1] www.supremecourt.gov/DocketPDF/26...
supremecourt.gov
12412
Marty Lederman @martylederman.bsky.social · 03/09/2026
For those of you who were wondering ... yup, the SG runs with the "packaging rules for cremated human remains" analogy (at p.13). @rickhasen.bsky.social
4539
Marty Lederman @martylederman.bsky.social · 03/09/2026
There are heroes amongst us. RIP
1211
Reposted by Marty Lederman
Rebecca Tushnet @rtushnet.bsky.social · 03/09/2026
Out of spite (and technoauthoritarian aspirations for AI) they stumbled into correct fair use analysis
071