Sign in

Rick Hills

@rickhills.bsky.social
5.5K followers 432 following 468 posts

William T Comfort III Professor of Law, NYU Law School, studying & teaching local gov’t, landuse regulation, const’l law, fed courts, admin law, legislation, and federalism. Forlorn hope: reduce stakes and polarization by decentralizing divisive decisions.

PostsRepliesMedia
Rick Hills @rickhills.bsky.social · 12/10/2026
Indigeneous People’s Day is a good time to post this link to Manvir Singh’s 2023 New Yorker article arguing that our concept of indigeneity is not only fundamentally confused but also a relic of European colonialism. www.newyorker.com/magazine/202...
newyorker.com
It’s Time to Rethink the Idea of the “Indigenous”
Many groups who identify as Indigenous don’t claim to be first peoples; many who did come first don’t claim to be Indigenous. Can the concept escape its colonial past?
021
Rick Hills @rickhills.bsky.social · 02/10/2026
😊 gothamist.com/news/new-apa...
gothamist.com
New apartments are coming and there’s nothing these 12 neighborhoods can do to stop it
The Mamdani administration released a list of 12 community districts subject to a “fast-track” housing approval process first initiated by his predecessor.
020
Rick Hills @rickhills.bsky.social · 16/09/2026
Bill Fischel challenges this intuition with some illustrative data: Willingness to host affordable housing might vary according to a U-shaped curve, because very large metro counties have market power to create housing scarcity and reap locational rents. www.lincolninst.edu/publications...
lincolninst.edu
Political Structure and Exclusionary Zoning - Lincoln Institute of Land Policy
031
Rick Hills @rickhills.bsky.social · 16/09/2026
@profschleich.bsky.social has the classic law paper. NOT TL;DR, but here’s my summary (he can correct me): Local government size presents a tragic choice between too few agglomeration economies and too few choices for different packages of local public goods. illinoislawreview.org/wp-content/i...
illinoislawreview.org
163
Rick Hills @rickhills.bsky.social · 16/09/2026
For economically oriented types, there’s a big literature linked to Wallace Oates’ decentralization theorem, which defines trade-offs between cost-spreading, congestion costs, scale economies, and consumer choice. papers.ssrn.com/sol3/papers.... Here’s a non-technical paper that I like.
papers.ssrn.com
Optimal Suburban Densities: History and Theory
A paradigmatic developing suburb, Acton, Massachusetts, was zoned in 1955 to produce a community of 45,000 people. In 2010, Acton had about 23,000 people and is
192
Rick Hills @rickhills.bsky.social · 06/07/2026
SCOTUS in Cook relied on the precedent of the Banks of the United States to uphold the Fed’s independence. But that’s historical amnesia: The BUS was ultimately rejected as unconstitutional in 1841, because it was thought by Congress to be unaccountable to democracy. prawfsblawg.com/cook-v-trump...
prawfsblawg.com
Cook v. Trump and the Banks of the United States as a Case Study in Judicial Amnesia: How Judges Selectively Forget Dissensus in Minting New Political Precedents
The SCOTUS has lately been going long on the idea that post-enactment political precedents can settle constitutional controversies. Their latest investment in this principle is Trump v. Cook’s idea…
010
Rick Hills @rickhills.bsky.social · 29/05/2026
Duly noted. In the long run, however, this flood-the-zone-with-shit MAGA sugar high won’t build out UET w/ normie judges and pols. (Related note: It might be that state govts will have to pick up the slack on financing high-end science: w/ current fed debt, CA and NY actually have more $$$ than DC)
010
Rick Hills @rickhills.bsky.social · 29/05/2026
Isn’t this just Vought-directed flood-the-zone-with-shit theater? Peer review is required by statute (42 USC sec 289a). Nothing in UET allows rules to repeal statutes. Lawsuits will be filed, @sbagen.bsky.social will have to lose more sleep coordinating amici, Vought will lose. Bad for Sam ofc.
121
Rick Hills @rickhills.bsky.social · 29/05/2026
Nothing in UET says that rules can repeal statutes repeal statutes. But peer review for NIH grants is required by statute (42 USC sec 289a) Standing to challenge these rules should be easy for illegally denied grant applicants. So what’s Vought’s legal play here? www.law.cornell.edu/uscode/text/...
law.cornell.edu
42 U.S. Code § 289a - Peer review requirements
190
Rick Hills @rickhills.bsky.social · 29/05/2026
I am confused. Peer review, at least for NIH grant applications, is required by statute (42 USC sec 289a) Rules cannot repeal statutes. Standing to challenge illegal grant review process seems easy. So what’s Vought’s legal play here? www.law.cornell.edu/uscode/text/...
law.cornell.edu
42 U.S. Code § 289a - Peer review requirements
481
Rick Hills @rickhills.bsky.social · 22/03/2026
She’s the third-most right wing member of the House, by some ratings and seems to suck at Secret Congress, at least for three-term rep, judging just by her bill sponsorship and leadership scores. One take-away: Gerrymandering like this hurts *conservative* voters. www.govtrack.us/congress/mem...
govtrack.us
Rep. Mary Miller [R-IL15, 2021-2026]’s 2024 legislative statistics.
Joined bipartisan bills the least often compared to Illinois Delegation, and other 2024 legislative statistics
010
Rick Hills @rickhills.bsky.social · 22/03/2026
Miller’s bill’s just chum for Blue Sky and X. But I am curious how Miller (from District 15 — basically, a carve-out around Champagne and Springfield) behaves in “Secret Congress,” the only Congress that matters. Is this stunt just to ward off primary challengers? www.slowboring.com/p/the-rise-a...
slowboring.com
The rise and importance of Secret Congress
(Shh, don't talk about it)
110
Rick Hills @rickhills.bsky.social · 22/03/2026
@mattyglesias.bsky.social explains how valuable (but also difficult) it is for members to reduce public transparency: www.slowboring.com/p/the-rise-a... Members face a collective action problem: Each is tempted to grandstand for likes on X and BlueSky. Keeping negotiations private’s a civic value.
slowboring.com
The rise and importance of Secret Congress
(Shh, don't talk about it)
020
Rick Hills @rickhills.bsky.social · 22/03/2026
Members wisely safeguard precious resource of Secret Congress: “[Rep.] Gottheimer declined to answer questions [about negotiations w/ Sen. Mullin over ICE enforcement]. ‘As a rule…I won’t discuss any ongoing negotiations with my colleagues, he said in a statement.’” www.nytimes.com/2026/03/21/u...
nytimes.com
Mullin Explored Bipartisan Deal to Rein in Immigration Crackdown
100
Rick Hills @rickhills.bsky.social · 28/01/2026
Here’s a proposal, worth considering IMHO, to defuse passions over immigration with federalism: Let each state adopt their own visa policies. (Lest you think that idea mad, read Cristina Rodriguez, “The Significance of the Local in Immigration Regulation” (2008)). open.substack.com/pub/daviddfr...
open.substack.com
Immigration: The Federal Solution
The conflict over immigration has become something close to a civil war, with the federal government blocking state action against federal agents arguably guilty of murder.
140
Rick Hills @rickhills.bsky.social · 05/11/2025
To bad there’s not a simple way for DHS to avoid this sort of criminal fraud by masked imposters. 🤔 www.wired.com/story/fbi-wa...
wired.com
FBI Warns of Criminals Posing as ICE, Urges Agents to ID Themselves
In a bulletin to law enforcement agencies, the FBI said criminal impersonators are exploiting ICE’s image and urged nationwide coordination to distinguish real operations from fakes.
080
Rick Hills @rickhills.bsky.social · 05/11/2025
Congrats to NYC’s voters: Housing won big today. www.nydailynews.com/2025/11/04/n...
nydailynews.com
NYC voters approve ballot questions aimed at boosting housing, limiting Council control
As New York City tackles a pervasive affordability crisis, New York City voters were poised to pass three reforms to fast-track affordable housing development, despite pushback from the City Counci…
040
Rick Hills @rickhills.bsky.social · 06/10/2025
A fine thread from @richardprimus.bsky.social on Judge Immergut’s opinion barring use of the National Guard in Portland. As SCOTUS observed in Dep’t of Commerce v NY, “Our review is deferential, but we are ‘not required to exhibit a naiveté from which ordinary citizens are free.’”
082
Rick Hills @rickhills.bsky.social · 06/10/2025
Just to give you you an idea of what sorts of cards states have to play, consider this chart — and realize that a giant % of federal spending is tied up in defense, interest on debt, and non-discretionary entitlements. taxpolicycenter.org/sites/defaul...
042
Rick Hills @rickhills.bsky.social · 06/10/2025
Maybe the first time ever I’ve agreed 100% with Mother Jones. It’s time to unhook the Federalism fire escape. www.motherjones.com/politics/202...
motherjones.com
It’s time for soft secession
How blue states can use their economic clout to stand up to Trump’s agenda—starting with California.
712230
Rick Hills @rickhills.bsky.social · 02/10/2025
I strongly recommend this fine essay by Caleb Nelson evaluating the originalist basis of the theory that all executive officers must serve at the President’s pleasure. Nelson, committed to originalism, sees nothing in Art II requiring such a presidential power. democracyproject.org/posts/must-a...
democracyproject.org
Special Feature: Must Administrative Officers Serve at the President’s Pleasure?
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
031
Rick Hills @rickhills.bsky.social · 29/09/2025
Good morning, Brooklyn!
091
Rick Hills @rickhills.bsky.social · 20/09/2025
Isn’t the most logical explanation for the ICAO decision to include a sex field in Doc 9303 that they needed the form to be standard across nations to be machine-readable? Some nations had a sex field for passports, some didn’t, so the ICAO included the field for ease of adoption across both?
010
Rick Hills @rickhills.bsky.social · 15/09/2025
Sure, but I don’t get a lot of land-use and local gov’t news, data, or analysis here. Elmendorf posts his 🧵s on X so far as I can tell. The zoning news items from smaller jurisdictions or latest NBER papers mostly don’t show up here as they did in the twitter days. Maybe I need to curate better…
110
Rick Hills @rickhills.bsky.social · 14/09/2025
Another essay explaining what’s wrong with Blue Sky. (TL;DR: Too many keyboard warriors competing for Fiercest Invective against The Bad Guys Award). Posting it in hopes that my tiny little corner of this place might get better. open.substack.com/pub/conspicu...
open.substack.com
Against Bluesky (and Blueskyism)
Politics, echo chambers, and the difference between persuasion, propaganda, and performance on social media
130
Rick Hills @rickhills.bsky.social · 14/09/2025
True, Greer’s writing from the Right. Maybe it’s just me, but I don’t hear a lot of vitriol from Tanner against “the Left” in this piece—certainly not the sort of invective that writers from the Right typically use to blame Kirk’s murder on progressives or liberals.
010
Rick Hills @rickhills.bsky.social · 14/09/2025
Tanner Greer’s analysis of Kirk’s significance to young people on the Right. The viewpoint here is alien to BlueSky. If you react with as little vitriol as this essay contains, then — congrats! — you’ll have shown a level of empathy atypical of social media. scholarstage.substack.com/p/bullets-an...
scholarstage.substack.com
Bullets and Ballots: The Legacy of Charlie Kirk
What did Charlie Kirk mean to the Young Right?
110
Rick Hills @rickhills.bsky.social · 14/09/2025
A clip of my mom in 1976 touting (1) federal subsidies for housing and (2) this new fangled thing called “solar energy.” She’s a Republican, folks. youtube.com/watch?v=Tptf...
youtube.com
HUD Secretary Carla Hills Tours A Solar Home North Of Dallas - October 1976
YouTube video by SMU Jones Film
173
Rick Hills @rickhills.bsky.social · 13/09/2025
“‘They’re dragging your ass on Bluesky’ is a statement that strikes fear into the heart of practically no one.” open.substack.com/pub/noahpini...
open.substack.com
The Bluesky-ization of the American left
Progressives discovered a seemingly invincible weapon. One day it stopped working.
1125
Rick Hills @rickhills.bsky.social · 07/09/2025
A question for immigration law profs like @adambcox.bsky.social : Has there been litigation on the meaning of DHS rule (287.8(c)(2)(iii)) requiring officers to identify themselves as soon as it is practical and safe to do so? Masking seems to be in tension w/ the rule. www.ecfr.gov/current/titl...
ecfr.gov
8 CFR 287.8 -- Standards for enforcement activities.
041
Rick Hills @rickhills.bsky.social · 06/09/2025
“Humorless, scoldy neuroticism, often rationalized by the view that one must be on ‘war footing‘ because the world is self-evidently in crisis.” open.substack.com/pub/natesilv...
open.substack.com
What is Blueskyism?
And why is it so toxic for political persuasion?
100
Rick Hills @rickhills.bsky.social · 09/08/2025
Sam Kriss on ChatGPT 5.0: “still essentially just a weighted average of all the fanfiction ever posted online.” substack.com/@samkriss/no...
substack.com
Sam Kriss (@samkriss)
gpt-5 was released the other day. it was probably the most expensive ai ever built and has five trillion parameters, and by all accounts it’s a very minor improvement on the last model. obviously you ...
010
Rick Hills @rickhills.bsky.social · 05/08/2025
Palmer’s Pigweed didn’t just defeat me: It has evolved a genetic resistance to glyphosate (aka Round-Up), costing millions in lost cotton and soybean crops that it swamps. So, yes, it is noxious (albeit edible!) But still it deserves some respect for sheer toughness. cen.acs.org/business/spe...
cen.acs.org
Palmer amaranth, the king of weeds, cripples new herbicides
Scientists in the US sound the alarm about a crop-smothering weed that is growing resistant to multiple herbicides
010
Rick Hills @rickhills.bsky.social · 05/08/2025
Having spent dozens of hours digging up a rogues’ gallery of weeds (Russian Thistle, tumble weeds the size of beach balls, globemallow, punture weed loaded with goats’ heads, etc), I am sparing this 6’ Palmer’s Pigweed growing out of a cement block out of sheer respect for its tenacity.
160
Rick Hills @rickhills.bsky.social · 01/08/2025
As @zhangtaisu.bsky.social @bridgetfahey.bsky.social and Lin note, there are many areas in which states can provide a check on federal manipulation of data. Jobs and inflation, however, are two areas where this safeguard fails, because states lack the state capacity to generate reliable numbers.
000
Rick Hills @rickhills.bsky.social · 01/08/2025
Because the BLS provides information that political appointees can review and reject, Noah and I argue that Congress can always insulate BLS staff from serving at the Prez’s pleasure. But, as Abbe Gluck notes, loose language in Braidwood puts that position at risk. www.scotusblog.com/2025/07/expe...
scotusblog.com
Expertise after Chevron: A potentially pyrrhic victory on executive control over preventive care
This is part of SCOTUSblog’s term in review series, in which scholars analyze some of the most significant cases of the 2024-25 Supreme Court term. With so much going on, […]
034
Rick Hills @rickhills.bsky.social · 01/08/2025
bsky.app/profile/rick...
070
Rick Hills @rickhills.bsky.social · 01/08/2025
McEntarfer is the epitome of the apolitical civil servant. She started at the Census Bureau 20 years ago as a labor economist and has worked at calculating jobs numbers ever since. She was confirmed by the Senate 86-8 in 2024, at the height of partisan polarization. www.nbcnews.com/business/eco...
nbcnews.com
Trump fires labor statistics boss hours after weak jobs report
The president implied that the BLS commissioner, longtime federal employee Erika McEntarfer, manipulated the data "for political purposes."
911143
Rick Hills @rickhills.bsky.social · 28/07/2025
“…you shouldn’t treat the fact that you don’t believe the same dogma as everyone else as meaning you’re immune from dogma.” benthams.substack.com/p/the-freeth...
benthams.substack.com
The "Freethinkers" Who Aren't
How the “heterodox” became what they hated
000
Rick Hills @rickhills.bsky.social · 26/07/2025
Insightful essay on why the culture of impatience captured by “TL;DR” is destroying your capacity to think, grow, and feel. It really isn’t TL: Give it an R. open.substack.com/pub/maalvika...?
open.substack.com
compression culture is making you stupid and uninteresting
why the death of nuance should scare you -your fav gen z philosopher xx
061
Rick Hills @rickhills.bsky.social · 25/07/2025
Evaluation of Minneapolis’ reducing zoning constraints in suggests that deregulation reduced housing costs by 15-23%—even without adding a lot of new units, because density alone may reduce construction costs. papers.ssrn.com/sol3/papers....
papers.ssrn.com
Effects of Minneapolis Upzoning on House Prices: Evidence from the Minneapolis 2040 Plan
The Minneapolis 2040 Plan, which came into effect in January 2020, introduced sweeping re- forms to housing regulations. One of the most significant aspect of t
051
Rick Hills @rickhills.bsky.social · 11/07/2025
I am old enough to remember when a parade of litigators marched into Andrew Hanen’s courtroom for non-party remedies.
000
Rick Hills @rickhills.bsky.social · 11/07/2025
Yes, ofc, if the only variable to be maximized were “Trump loses *now*” then, sure, non-party injunctions are a handy weapon. But maybe there are other values? Like not gumming up the Buttigieg (or whoever’s) administrative w/ non-party injunctions? Biden, Obama were afflicted w/ these plagues.
110
Rick Hills @rickhills.bsky.social · 09/07/2025
“Our politics revolve around the idea that scarce resources mean keeping people out. We are utterly unprepared for a world in which perhaps the scarcest resource will be people.” www.nytimes.com/2025/01/31/o...
nytimes.com
Opinion | Something Extraordinary Is Happening All Over the World
042
Rick Hills @rickhills.bsky.social · 07/07/2025
open.substack.com/pub/noahpini...
open.substack.com
How to take our country back
The America you grew up in is under attack from technologies that we ourselves invented.
050
Rick Hills @rickhills.bsky.social · 03/07/2025
Do the Coffee Beans Procedure for being a law prof, and you’ll discover that, if you like that job (I do!), then you are indeed crazy. open.substack.com/pub/experime...
open.substack.com
Face it: you're a crazy person
OR: why your brain needs a boxcutter
010
Rick Hills @rickhills.bsky.social · 02/07/2025
This is the quotidian quagmire, multiplied by thousands across the country, too routine and boring to get attention from anyone w/o a nearby down payment at stake, that has brought us the housing crisis.
040
Rick Hills @rickhills.bsky.social · 02/07/2025
One for the casebook.
010
Rick Hills @rickhills.bsky.social · 02/07/2025
Also…reading 18th century dictionaries is fun, so we who find it so should be appropriately grateful that this brand of entrails-reading has cash value nowadays.
030
Rick Hills @rickhills.bsky.social · 27/06/2025
Andrew Sullivan, an anti-Trump conservative: “This is the Israel we have gone to war for. It is not the Israel of the 20th Century. It is a belligerent, ethno-nationalist country, run in part by ugly racists and those who wish Israel were Arab-free.” andrewsullivan.substack.com/p/the-conseq...
andrewsullivan.substack.com
The Consequences Of Israel's Hegemony
The two-state solution is nailed to the perch. The settlement project is super-charged.
0113