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Steve Klepper

@mdappeal.bsky.social
1.1K followers 184 following 85 posts

Baltimore-based MD & DC appellate lawyer. Founder of MdAppBlog. Editor, Appellate Practice for the Maryland Lawyer. 2024 MSBA Litigator of the Year. Advocate for singular “they.”

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Steve Klepper @mdappeal.bsky.social · 04/09/2026
The Supreme Court of Maryland holds 5-2 that the 2026 ballot will include a constitutional referendum that would pave the way for 8-0 Democratic redistricting for the 2028 election mdappblog.com/2026/09/03/m...
mdappblog.com
Maryland Constitutional Referendum to Appear on 2026 Ballot
The Supreme Court of Maryland, by a vote of five to two, today issued a per curiam order that Maryland’s 2026 ballot will include, in slightly modified form, a referendum that exempt Congress…
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Steve Vladeck @stevevladeck.bsky.social · 03/09/2026
As bad as Monday's #SCOTUS ruling in the ballroom case was, it also offers some broader lessons about Chief Justice Roberts; Justice Barrett; how the Court processes emergency applications; and whether criticism of the Court for not explaining itself in Trump cases has hit home. Me in "One First":
stevevladeck.com
Bonus 247: Four Lessons from the Ballroom Ruling
The Court’s latest misadventure offers important lessons about two justices, the Court’s procedures, and its responsiveness to certain types of criticism.
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Steve Klepper @mdappeal.bsky.social · 03/09/2026
Baltimore City Circuit Judge Kendra Ausby was appointed yesterday to the Appellate Court of Maryland mdappblog.com/2026/09/02/j...
mdappblog.com
Judge Kendra Ausby Appointed to ACM
Governor Wes Moore, for his first at-large selection to the Appellate Court of Maryland, has selected Judge Kendra Ausby of the Circuit Court for Baltimore City. In a highly competitive field, Judg…
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Doug Nazarian @dnazarian.bsky.social · 24/02/2026
The Appellate Court of Maryland holds its monthly Conference this morning. Watch for new reported opinions!
media.tenor.com
a man in a bowling alley says " yeah well that 's just like your opinion man . "
ALT: a man in a bowling alley says " yeah well that 's just like your opinion man . "
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Doug Nazarian @dnazarian.bsky.social · 16/12/2025
The Appellate Court of Maryland is holding its monthly Conference this morning. Watch for new reported opinions!
media.tenor.com
a man in a bowling alley says " yeah well that 's just like your opinion man . "
ALT: a man in a bowling alley says " yeah well that 's just like your opinion man . "
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Doug Nazarian @dnazarian.bsky.social · 28/10/2025
The Appellate Court of Maryland holds it monthly Conference today. Stay tuned for new reported opinions!
media.tenor.com
a cartoon illustration of a red circle with a white background .
Alt: a cartoon illustration of a banging gavel
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Steve Klepper @mdappeal.bsky.social · 05/09/2025
What a difference a day makes! The Supreme Court of Maryland appears yo have switched to black robes except for special occasions (like yesterday’s opening day) mdappblog.com/2025/09/05/m...
Maryland’s justices wearing red robes on Thursday and black robes on Friday
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Doug Nazarian @dnazarian.bsky.social · 26/08/2025
The Appellate Court of Maryland holds its monthly Conference this morning. Watch for new reported opinions!
media.tenor.com
a man in a bowling alley says " yeah well that 's just like your opinion man . "
ALT: a man in a bowling alley says " yeah well that 's just like your opinion man . "
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Steve Vladeck @stevevladeck.bsky.social · 25/06/2025
In “things I’ve never seen before,” the Trump administration is suing Maryland’s federal district judges—challenging the standing order the district court put in place that briefly bars removals of migrants after they initially file habeas petitions there: storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
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Brendan Nyhan @brendannyhan.bsky.social · 04/06/2025
McSweeney's: New York Times’ Style Guide Substitutions for "The President Violated the Constitution" www.mcsweeneys.net/articles/new...
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Steve Klepper @mdappeal.bsky.social · 03/06/2025
WOW Fourth Circuit holds that a jurisdiction-stripping statute depends on a functioning Merit Systems Protections Board and Special Counsel. Because we don’t have those, the Court remands to decide whether court has jurisdiction www.ca4.uscourts.gov/opinions/232...
ca4.uscourts.gov
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Ben Siemon @benjaminjs.bsky.social · 30/05/2025
Target's bold "Pride" collection this year features a colorless hoodie with the words "Out Loud & Proud" written teeny tiny only the string.
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Danielle Citron @daniellecitron.bsky.social · 29/05/2025
UVA’s President Jim Ryan is an exemplary leader and educator and I’m so proud to work here. Please sign on to show your support and combat the absurd disinformation that UVA is in decline. The opposite under President Ryan’s leadership is true. We are thriving. form.jotform.com/251478017358...
form.jotform.com
UVA Sign-On Letter
Please click the link to complete this form.
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Peter Andrews @pfandrews.bsky.social · 28/05/2025
Seeing as Emil Bove personally fired me from DOJ in retaliation for prosecuting January 6 rioters, I don’t think he should be confirmed to a lifetime seat as a federal judge. But that’s just me.
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Steve Klepper @mdappeal.bsky.social · 27/05/2025
It’s my annual roundup of the Maryland certiorari statistics that matter: grant rates that exclude pro se petitions mdappblog.com/2025/05/27/m...
mdappblog.com
Maryland Certiorari Statistics, 2024 Term
By Steve Klepper The judiciary’s annual statistical reports give the overall grant rate for civil and criminal certiorari petitions. But, because unrepresented (pro se) parties file the majority of…
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Steve Klepper @mdappeal.bsky.social · 21/05/2025
Maryland federal court issues a standing order automatically staying removals for two business days upon filing of a habeas petition with name and alien ID number www.mdd.uscourts.gov/sites/mdd/fi...
The All Writs Act permits courts to “issue all writs necessary or appropriate in aid of
their respective jurisdictions and agreeable to the usages and principles of law.” 28 U.S.C.
§ 1651(a). Further, the Supreme Court recognizes “a limited judicial power to preserve the
court’s jurisdiction or maintain the status quo by injunction pending review of an agency’s action
through the prescribed statutory channels.” F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966)
(citing cases). Accordingly, in order to preserve existing conditions and the potential jurisdiction
of this Court over pending matters while the Court determines the scope of its authority to grant
the request relief; to ensure Petitioners are able to participate in the adjudication of their requests
for habeas relief, including participation in court proceedings and access to legal counsel for
such purpose; to ensure the Court is able to evaluate their respective claims for relief based on
their in-court testimony that may be offered; and to ensure the Government has a fulsome
opportunity to brief and present arguments in its defense, it is hereby
ORDERED by the United States District Court for the District of Maryland that upon the
filing of a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 on behalf of an alien
detainee, the Government/Respondents, including all those acting for them or on their behalf, are
ENJOINED and RESTRAINED from removing Petitioners in such cases from the continental
United States or altering their legal status, provided that Petitioner’s full name and A# have been
provided to the Court, either in the Petition or in a separate sealed filing
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David J. Bier @davidjbier.bsky.social · 19/05/2025
Cato has published my comprehensive review of the ~240 Venezuelans the US government renditioned 2 months ago to Salvador’s notorious prison. We identified FIFTY who came legally, never violated any immigration law, but are imprisoned at the US government’s request and at US taxpayer expense.
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Walter Olson @walterolson.bsky.social · 16/05/2025
Trump admin in Judge Xinis’s courtroom is like a poorly programmed contempt chatbot.
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Mark Joseph Stern @mjsdc.bsky.social · 16/05/2025
BREAKING: The Supreme Court holds that the Trump administration violated the due process rights of Venezuelan migrants last month in its rushed effort to expel them to El Salvador in the middle of the night (which SCOTUS blocked). Alito and Thomas dissent. www.documentcloud.org/documents/25...
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Anna Bower @annabower.bsky.social · 16/05/2025
HAPPENING NOW: Hello from Greenbelt, MD, where a federal judge will hear arguments over whether the Trump administration can invoke the state secrets privilege to withhold information about what it has done to facilitate Kilmar Abrego Garcia’s return to the US. I'm here for @lawfaremedia.org 🧵
Supporters of Kilmar Abrego Garcia outside the courthouse in Maryland
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Steve Klepper @mdappeal.bsky.social · 14/05/2025
Back in March, the Kleppers brainstormed potential Sunrise on the Reaping casting, and so far we got one right! Love love love Maya Hawke as Wiress
- [ ] Wiress: Maya Hawke 
- [ ] Haymitch: Walker Scobel
- [ ] Magno: Titus Burgess
- [ ] Effie: Chloe Fineman
- [ ] Drusilla: Parker Posey
- [ ] Lenore Dove: Jenna Ortega
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Steve Klepper @mdappeal.bsky.social · 08/05/2025
Related?
Two push alerts, one about new pope chosen, one about Trump replacing US Attorney pick Ed Martin
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Chris Geidner @chrisgeidner.bsky.social · 08/05/2025
BREAKING: The full D.C. Circuit, on a 7-4 vote, requires the government to pay Radio Free Europe’s April contract, as well as a handful of other obligations. The en banc court issued an administrative stay of several of the panel’s rulings below — putting Judge Lamberth’s orders back into effect.
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
September Term, 2024
1:25-cv-00966-RCL
Filed On: May 7, 2025
Middle East Broadcasting Networks, Inc.,
Appellee
v.
United States of America, et al.,
Appellants
No. 25-5151
1:25-cv-00907-RCL
Radio Free Asia,
Appellee
v.
United States of America, et al.,
Appellants
USCA Case #25-5144
Document #2114884
Filed: 05/07/2025
Page 2 of 14
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
September Term, 2024
No. 25-5150
No. 25-5158
1:25-cv-00799-RCL
RFE/RL, Inc.,
V.
Appellee
AppellantsBEFORE:
Srinivasan, Chief Judge, and Henderson*, Millett, Pillard, Wilkins, Katsas*, Rao*, Walker*, Childs, Pan, and Garcia, Circuit Judges
ORDER
Upon consideration of the emergency petition for rehearing en banc in Nos. 25-5150 and 25-5151, which requests en banc reconsideration and vacatur of the court's May 3, 2025 order entered in Nos. 25-5144, 25-5145, 25-5150, and 25-5151 granting the government's motions for stay pending appeal in those cases, and the response thereto; the emergency petition for initial hearing en banc in No. 25-5158, which the court construes as a petition for rehearing en banc requesting en banc reconsideration and vacatur of the court's May 7, 2025 order entered in No. 25-5158 granting the government's motion for stay pending appeal in that case, and the response thereto; and the Rule 28(j) letter in No. 25-5158, it is
ORDERED, on the court's own motion, that the following parts of the court's May
3, 2025 order in Nos. 25-5144, 25-5145, 25-5150, and 25-5151 be administratively stayed pending further order of the court:
In No. 25-5144, staying provision (2) of the district court's preliminary injunction
filed April 22, 2025;
In No. 25-5150, staying the district court's preliminary injunction filed April 25,
2025;
USCA Case #25-5144|
Document #2114884
Filed: 05/07/2025
Page 3 of 14
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 25-5150
September Term, 2024
In No. 25-5151, staying the district court's preliminary injunction filed April 25,
2025. It is
FURTHER ORDERED, on the court's own motion, that the court's May 7, 2025 order entered in No. 25-5158 be administratively stayed pending further order of the court.
The purpose of this administrative stay is to give the court sufficient opportunit
• consider the emergency petitions and should not be construed in any way as a ruling on the merits of those petitions. See D.C. Circuit Handbook of Practice and Internal Procedures 33 (2024).
Per Curiam
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Rick Hasen @rickhasen.bsky.social · 07/05/2025
My new one @theatlantic.com: When judges act as partisan hacks, it is important to condemn their conduct. But just as important is lauding the Republican judges who stand up against election subversion, including the Trump-appointed federal judge Myers www.theatlantic.com/politics/arc...
theatlantic.com
America Needs More Judges Like Judge Myers
He did the right thing in North Carolina’s Supreme Court fight, and he deserves praise.
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Mark Joseph Stern @mjsdc.bsky.social · 05/05/2025
HUGE ruling—by a conservative judge—that is almost certain to be affirmed by the 4th Circuit and is unlikely to be disturbed by SCOTUS. Justice Riggs’ final victory draws much closer.
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Mike Scarcella @mikescarcella.bsky.social · 06/05/2025
US judge orders North Carolina to certify Democrat winner of court election www.reuters.com/world/us/us-...
reuters.com
US judge orders North Carolina to certify Democrat winner of court election
A federal judge ordered North Carolina's election board on Monday to not throw out any ballots cast by voters in November in a close race for a seat on the state's Supreme Court and to certify a sitting Democratic justice's electoral victory.
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Jess Bravin @jessbravin.bsky.social · 05/05/2025
Paul Clement is perhaps the most sought-after conservative lawyer in the country. Increasingly, those seeking him are clients in litigation against the Trump administration. www.wsj.com/us-news/law/... w/@janwolfe
wsj.com
How This Conservative Lawyer Became One of Trump’s Toughest Foes in Court
The former star of the George W. Bush administration adds conservative credibility for clients in litigation against the administration.
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Dara Lind @daralind.bsky.social · 25/04/2025
Shoutout to Daniel Bice of the Milwaukee Journal-Sentinel, who’s been on the Judge Dugan story all week. You can catch up on his coverage here www.jsonline.com/staff/264800...
jsonline.com
Daniel Bice
Daniel Bice is a columnist for the Milwaukee Journal Sentinel's Watchdog team.
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Steve Klepper @mdappeal.bsky.social · 25/04/2025
Maryland cert grants are up! mdappblog.com/2025/04/25/a...
mdappblog.com
April 2025 Maryland Certiorari Grants Include Climate Change Litigation
Yesterday, the Supreme Court of Maryland granted two civil petitions, including in climate change litigation. Both matters have been scheduled for argument in October.
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Shannon Locke @shannonwlocke.bsky.social · 24/04/2025
Watching a Federal sentencing. Defense attorney raises an objection to his client being affiliated with MS13 in the pre-sentence report. The judge asks, how do you know that? They could say that about anyone. Response: It's just in the system
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Rick Hasen @rickhasen.bsky.social · 21/04/2025
More on why that 1 am early Saturday morning SCOTUS ruling stopping immediate deportations under the Alien Enemies Act is a truly hopeful sign. Smart analysis by @mjsdc.bsky.social @slate.com slate.com/news-and-pol...
slate.com
The Supreme Court’s Late-Night Rebuke to Trump Is Extraordinary in More Ways Than One
The court didn't even wait to let Alito file his dissent.
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Steve Klepper @mdappeal.bsky.social · 20/04/2025
My favorite part of the Baltimore Banner’s profile of Judge Paula Xinis is that it uses a screenshot of a 2021 Zoom with a Deadpool plushie in the background. My son has the same one!
Screenshot of Judge Xinis with a shelf of many serious things but also a Deadpool plushie
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Kyle Cheney @kyledcheney.bsky.social · 15/04/2025
MORE: XINIS says to buckle up for "two weeks of intensive discovery." "No press release is going to move the court the same way that sworn, under oath testimony from persons with knowledge … if you have objections, you’re going to have to make them consistent with the rules."
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Governor Josh Shapiro @governor.pa.gov · 13/04/2025
Last night at about 2AM, my family and I woke up to bangs on the door from the Pennsylvania State Police after an arsonist set fire to the Governor’s Residence in Harrisburg.
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Brad Heath @bradheath.bsky.social · 11/04/2025
Normally the government goes well out of its way to avoid antagonizing judges -- even when it can't or won't do what it's been told. But the Justice Department is cranking the dial to 11 on this case in basically every way possible.
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Kyle Cheney @kyledcheney.bsky.social · 11/04/2025
UPDATE: DOJ trying to cancel today's Abrego Garcia hearing and delay filing a response to the judge's order until next week. storage.courtlistener.com/recap/gov.us...
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Katie Buehler @bykatiebuehler.bsky.social · 11/04/2025
UPDATE: Judge Paula Xinis issues an order directing the Trump administration to “take all available steps” to facilitate Kilmer Armando Abrego Garcia’s return. And orders the government to provide information about his location and status, among other things, by 9:30 ET today.
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Chris Geidner @chrisgeidner.bsky.social · 26/03/2025
BREAKING: D.C. Circuit, on 2-1 vote, keeps the TROs in place in the Alien Enemies Act case. The appeals court DENIES the Trump administration's request to stay the TROs issued by Chief Judge Boasberg — a move that would allow AEA removals to restart. Background: www.lawdork.com/p/alien-enem...
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 25-5067
September Term, 2024
1:25-cv-00766-JEB
Filed On: March 26, 2025
J.G.G., et al.,
Appellees
V.
Donald J. Trump, in his official capacity as President of the United States, et al.,
Appellants
Consolidated with 25-5068
BEFORE: Henderson, Millett, and Walker*, Circuit Judges
ORDER
Upon consideration of the emergency motions for stay, the opposition thereto, the reply, and the Rule 28(j) letters; the amicus brief filed by South Carolina, Virginia, and other states; the motion to participate as amicus curiae filed by Rep. Brandon Gill and the lodged amicus brief; and the motion for leave to participate as amicus curiae filed by State Democracy Defenders Fund and former government officials and the lodged amicus brief, it is
ORDERED that the motions to participate as amicus curiae be granted. The Clerk is directed to file the lodged amicus briefs. It is
FURTHER ORDERED that the emergency motions for stay be denied. Separate concurring statements of Judge Henderson and Judge Millett and a dissenting statement of Judge Walker are attached.
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Doug Nazarian @dnazarian.bsky.social · 25/03/2025
The Appellate Court of Maryland holds its monthly Conference this morning. Watch for new reported opinions!
media.tenor.com
a woman sits in a chair and says i want a second opinion
Alt: a woman sits in a chair and says i want a second opinion
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Carrie Johnson @carriejohnson.bsky.social · 01/03/2025
Federal law court clerks grapple with bullying and abuse - an NPR investigation www.npr.org/2025/03/01/n...
npr.org
In the federal court system, law clerks find little recourse for bullying and abuse
An NPR investigation finds federal judges have enormous influence with few checks on their power. Law clerks and other judicial employees are vulnerable to mistreatment and have few job protections.
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Steve Klepper @mdappeal.bsky.social · 28/02/2025
When the Fourth Circuit rules on a substantive pre-argument motion, the same three-judge motions panel will be the merits panel who decides the appeal. And when there’s a dissent, you have the rare treat of learning who your argument panel is before the day of argument.
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Doug Nazarian @dnazarian.bsky.social · 25/02/2025
The Appellate Court of Maryland holds its monthly Conference today—watch for new reported opinions. We also will hold a memorial session at 1pm to honor The Honorable James Salmon, who passed last year. Here is a link to the webcast if you would like to join us. www.courts.state.md.us/acm/webcasts
media.tenor.com
a man in a bowling alley says " yeah well that 's just like your opinion man . "
ALT: a man in a bowling alley says " yeah well that 's just like your opinion man . "
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Mark Joseph Stern @mjsdc.bsky.social · 23/02/2025
!!! At least six federal judges in Texas, along with their clerks and staff, received DOGE’s “tell us what you did last week or else” email. The Chief Judge of the 5th Circuit told judges and staff not to respond. texaslawbook.net/texas-lawboo...
texaslawbook.net
Texas Lawbook Exclusive: ‘WHAT Did You Do Last Week?’ Texas Judges Hit With ‘DOGE Emails’ - The Texas Lawbook
Just days after Elon Musk said “it is time” to consider impeaching federal judges who block President Donald Trump’s government reform initiatives, at least six federal judges in Texas and many more o...
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Chris Geidner @chrisgeidner.bsky.social · 22/02/2025
NEWS: Federal judge blocks parts of two of Trump’s anti-diversity executive orders, finding that some provisions violate the First Amendment and are unconstitutionally vague. * preliminary injunction: storage.courtlistener.com/recap/gov.us... * opinion: storage.courtlistener.com/recap/gov.us...
Plaintiffs, who have easily established their standing to bring this case and irreparable harm, have shown they are likely to prove the Termination and Enforcement Threat Provisions are unconstitutionally vague on their face.
But it is not just the vagueness of the Challenged Provisions that renders them
unconstitutional. There is a label for government action that seeks to "deter ... principles," J21 Order § 4(b)(iii), that the government disagrees with: "restrictlion]" of
"expression because of its message, its ideas, its subject matter, or its content." Reed v.
Town of Gilbert, 576 U.S. 155, 163 (2015). And the most "blatant" and "egregious form of content discrimination" is viewpoint discrimination. Id. at 168-69. The Certification and Enforcement Threat Provisions squarely, unconstitutionally, "abridgel] the freedom of speech." U.S. Const. amend. I.
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Colin Miller @evidenceprof.bsky.social · 21/02/2025
Supreme Court of New Mexico Reverses Murder Conviction With Prejudice Because Prosecutor Called the Defendant a Witch Who Controlled Her Husband With Menstrual Blood: tinyurl.com/5exm8w2
media.tenor.com
a woman in a black dress is standing in front of a crowd of people holding weapons .
ALT: a woman in a black dress is standing in front of a crowd of people holding weapons .
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Steve Klepper @mdappeal.bsky.social · 21/02/2025
The subtle shade of a Judge Arthur opinion www.mdcourts.gov/sites/defaul...
The parties to this dispute are Dr. Karen Lee and The Mains Homeowners
Association. The facts giving rise to the association’s claims are clear from the record,
but the parties have gravely different characterizations of the trial court proceedings. In
Dr. Lee’s opinion, they showcase “the worst case of fraud on the court ever happening in
the history of American jurisprudence.
” But, according to the association, the
proceedings were adversarial, free of fraud, and properly resolved. The following facts
are supplemented in the discussion section as needed.
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Law Prof. Christa Laser | Innovation and IP Law @christalaser.bsky.social · 16/02/2025
I'm generally not very vocal on politics, but I feel strongly (1) those who favor limited government must enforce limitations of the power of the President even when politically inconvenient; (2) only Congress makes law, which the President should enforce; (3) Presidents should not take emoluments.
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Steve Klepper @mdappeal.bsky.social · 06/02/2025
I finally had a chance to read Judge Boardman’s excellent opinion preliminarily enjoining the EO to end birthright citizenship. She was a year ahead of me at UVA Law, and we took Constitutional History together. It’s fun to see her take down the fundamentally ahistorical arguments for the EO.
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Steve Vladeck @stevevladeck.bsky.social · 28/01/2025
That was fast.
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Shannon Locke @shannonwlocke.bsky.social · 28/01/2025
Imagine you don't have to imagine
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