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Mike Abate

@mpabate.bsky.social
277 followers 476 following 69 posts

Appellate, Media, and Healthcare Attorney. Illinois native and Kentucky transplant. Passable but enthusiastic golfer. Baseball fan.

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Mike Abate @mpabate.bsky.social · 29/08/2026
What did you do?!???
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Mike Abate @mpabate.bsky.social · 21/08/2026
I’ll greenlight it.
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Mike Abate @mpabate.bsky.social · 20/08/2026
Might have to put this on a billboard.
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Mike Abate @mpabate.bsky.social · 14/08/2026
Using that as my new marketing slogan. 💪
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Mike Abate @mpabate.bsky.social · 06/08/2026
I can't even fathom.
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Mike Abate @mpabate.bsky.social · 05/08/2026
Sorry. I can never tell you apart.
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Mike Abate @mpabate.bsky.social · 02/08/2026
Also picking up 20 footers and calling them good.
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Mike Abate @mpabate.bsky.social · 08/07/2026
Why you always dragging me into it?!?, just kidding. The first question is whether 152‘s appointment power applies to senate vacancies. not clear. I haven't seen any case on that issue. KY Sup Court has held that a senate election does not suffice under first part of 152 though.
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Mike Abate @mpabate.bsky.social · 22/06/2026
Congrats! We move next week. Exciting times.
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Mike Abate @mpabate.bsky.social · 13/06/2026
Please rank the smoked meats. 5, 7, 10–your choice.
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Mike Abate @mpabate.bsky.social · 10/06/2026
Terry Crews could do the funniest thing.
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Mike Abate @mpabate.bsky.social · 09/06/2026
I can’t wrap my head around how they just dismiss grand jurors who disagreed with their case. How is that disqualifying? I'm afraid to ask if that’s a common practice.
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Mike Abate @mpabate.bsky.social · 07/05/2026
Kentucky Chief Justice just denied request by Bevins to DQ family court judge. Case heads back to family court, where he was sentenced to 30 days in jail for contempt but order was set aside so recusal could be decided.
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Mike Abate @mpabate.bsky.social · 07/05/2026
We finally got one in Kentucky a couple years ago. Had made a huge difference already.
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Mike Abate @mpabate.bsky.social · 03/05/2026
If you scroll way to the bottom of the menu you can still get the Sky feed. But only live—all replays are that crew.
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Mike Abate @mpabate.bsky.social · 05/11/2025
This part seems….bad?
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Mike Abate @mpabate.bsky.social · 05/11/2025
It’s not great here. Most of city on shelter in place. Drove home through black cloud. 280,000 lbs of jet fuel to burn off.
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Mike Abate @mpabate.bsky.social · 24/10/2025
Well, we have a Ky Court of Appeals decisions today with made-up cases in the briefs. Interestingly, it does NOT mention AI hallucination. Counsel claimed they were "placeholder" cites that inadvertently were left in. Hmm. #AppellateSky opinions.kycourts.net/COA/2024-CA-...
opinions.kycourts.net
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Mike Abate @mpabate.bsky.social · 21/07/2025
Three! Insane. Two back-to-back is my record and I did it twice. Once they were related, once they were totally separate but happened to involve the same underlying tort (which I was awkwardly on both sides of).
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Mike Abate @mpabate.bsky.social · 11/07/2025
What if she has roommates?
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Mike Abate @mpabate.bsky.social · 01/07/2025
🍿 🍿
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Mike Abate @mpabate.bsky.social · 13/06/2025
Fun exercise: if you have a golf handicap you can go into the GHIN app and calculate your handicap for that course from the tees they’re playing. It thinks I’d struggle to break 100. So do I. And that doesn’t even count the 5” rough.
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Mike Abate @mpabate.bsky.social · 15/05/2025
Ehhh…not sure I read Gorsuch that way. Could easily see him joining an opinion that says you gotta try rule 23 instead.
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Mike Abate @mpabate.bsky.social · 07/05/2025
Proud to be representing the Courier Journal in this new lawsuit against the University of Louisville for violating the Open Meetings Act in firing/hiring its old/new President. The public has a right to know how the Board made its decision and why it believed it had cause to fire her.
courier-journal.com
Courier Journal files lawsuit against UofL over President Kim Schatzel's resignation
The suit, filed May 6, alleges UofL's board of trustees violated state law when making decisions about former President Kim Schatzel.
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Mike Abate @mpabate.bsky.social · 06/05/2025
20 years ago, when I was a trial lawyer at DOJ, Mark was our opposing counsel in a few cases and he already had a security clearance at that time. I guess no one in the government noticed this supposed national security threat for 2+ decades?
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Mike Abate @mpabate.bsky.social · 05/05/2025
Have you discovered www.chasingscratchgolf.com? If you want to combine that addiction with a fun podcast filled with music/movie references, you can go way overboard. You're only 7.5 seasons behind!
chasingscratchgolf.com
Chasing Scratch
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Mike Abate @mpabate.bsky.social · 05/05/2025
Congratulations! Now you're really gonna be addicted, though.
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Mike Abate @mpabate.bsky.social · 05/05/2025
But what if it’s really good? Would you file that in some case just for fun?
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Mike Abate @mpabate.bsky.social · 24/04/2025
No, no. Gotta tie it to “sources and methods.” It’s about the sources of our hatred and the methods of our cruelty. Can’t reveal those or someone might, you know, stop us.
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Mike Abate @mpabate.bsky.social · 24/04/2025
That’s a state secret!
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Mike Abate @mpabate.bsky.social · 22/04/2025
In our annual Supreme Court review last year, I phrased it as SCOTUS ruling that the Free Exercise clause now renders the Establishment Clause unconstitutional.
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Mike Abate @mpabate.bsky.social · 17/04/2025
What about a tshirt or golf shirt under a sweatshirt? Is that allowed? Only one is visible at a time.
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Mike Abate @mpabate.bsky.social · 16/04/2025
Why does Westlaw require 2FA now? Should I be worried someone is going to log in an do my research for me? Have at it, bro!
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Mike Abate @mpabate.bsky.social · 14/04/2025
deep squats too.
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Mike Abate @mpabate.bsky.social · 26/03/2025
If some drone operator or pilot thought that bombing an apartment building violated the Geneva Conventions and leaked this very same info to a journalist, the government would 100% prosecute that person for disclosing classified information. How stupid do they think the public is?
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Mike Abate @mpabate.bsky.social · 25/03/2025
So I worked on states secrets cases under multiple administrations when I was at DOJ. I will just say this: we always gave the court LOTS of information to explain why a thing couldn’t be disclosed to the parties or publicly litigated—especially if some info seemed to be public. This is….a choice.
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Mike Abate @mpabate.bsky.social · 21/03/2025
It's a scary time in the legal profession. Hard to know what to do, so I'll just offer this: if you're someone thinking of leaving government, or large firm, or a large market, I've made all of those transitions. I would be happy to share my experience & perspective FWIW. #apellatesky
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Mike Abate @mpabate.bsky.social · 13/03/2025
The Senate Sub for HB 520 is a bad bill. This would attempt to let agencies determine whether something should be released. Police departments & other agencies will try to abuse this to create the kind of "blanket" exemption the KYSCT has long rejected. Call Senators and tell them to vote NO.
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Mike Abate @mpabate.bsky.social · 10/02/2025
What’s interesting to me, a former government appellate lawyer, is that the process would usually involve a memo from the us attorney, one from civil appellate, one from an assistant to the SG, and a recommendation from the deputy SG, plus SG approval. Many of these ppl know appellate jurisdiction.
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Mike Abate @mpabate.bsky.social · 05/02/2025
In short, the water’s great out here if you want interesting work, more autonomy, and a nice quality of life. But it won’t be the brassiest of rings.
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Mike Abate @mpabate.bsky.social · 05/02/2025
Also, most junior lawyers probably don’t see the long term economics of being a big firm appellate lawyer. Great $$, but they’re usually not your client. And there’s 30+ new SCOTUS clerks hitting the market every year. So you’re signing up for the grind and likely won’t be a rainmaker. /3
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Mike Abate @mpabate.bsky.social · 05/02/2025
In a way it’s easier to get known as an appellate person in a smaller market. Especially if you had some clerkship or DC experience on the resume. But you also need to accept that it’s much harder to do just appellate. Which isn’t all bad. /2
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Mike Abate @mpabate.bsky.social · 05/02/2025
I completely agree with the gist of this post. I’m in a significantly smaller market than you (Louisville), but we are able to do lots of very interesting appellate work. Just in the past few years we’ve done cases in 1st, 2nd, 5th, 6th, 9th, 10th, and DC Cir. Plus state courts of course. /1
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Mike Abate @mpabate.bsky.social · 01/02/2025
Maybe we were all too quick to make fun of The Drizz?
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Mike Abate @mpabate.bsky.social · 15/01/2025
Another great piece about our new lawsuit. My colleagues and I are proud to stand with these students. www.lpm.org/news/2025-01...
lpm.org
Kentucky students demand the state provide ‘adequate’ public education in lawsuit
A group of students associated with the Kentucky Student Voice Team has filed a lawsuit in Franklin County, arguing the state has failed its constitutional obligation to provide an “adequate and equit...
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Mike Abate @mpabate.bsky.social · 15/01/2025
I’m incredibly proud to be partnering with these brave students in this fight. The kids of Kentucky have a constitutional right to an adequate education. We intend to make sure they get it. www.kentucky.com/news/local/e...
kentucky.com
‘Promises unfulfilled.’ KY students file lawsuit against state for inadequate education
“The legacy of Rose is wilted as its promises have gone unfulfilled for far too many Kentucky students,” said Khoa Ta, a policy coordinator for the Kentucky Student Voice Team and a Daviess County Hig...
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Mike Abate @mpabate.bsky.social · 09/01/2025
A quibble, if I may. Isn’t that just an over-under? Trump’s career average at SCOTUS is WAY north of 3.
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Mike Abate @mpabate.bsky.social · 01/01/2025
I got “rampage”. Different vibe.
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Mike Abate @mpabate.bsky.social · 28/12/2024
This gives off whiffs of that “Kim Jong Il is the greatest golfer the world has ever seen” vibe: www.worldtribune.com/worldtribune...
worldtribune.com
WorldTribune.com: Move over Tiger: N. Korea's Kim shot 38 under par his 1st time out
World Tribune.com is a Washington, D.C.-based daily news site specializing in international affairs. It offers exclusive stories and columns as well as links to the top news of the day from the world'...
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Mike Abate @mpabate.bsky.social · 13/12/2024
Me too.
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