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Rory O'Connell

@rjjoconnell.bsky.social
2K followers 2.5K following 43 posts

Professor of Human Rights & Constitutional Law, Posts on human rights, equality & constitutional law. Posting in personal capacity.

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Reposted by Rory O'Connell
Steve Vladeck @stevevladeck.bsky.social · 25/09/2026
This was the 28th time #SCOTUS has granted emergency relief to the Trump administration since 1/20/25. That matches the total number of grants during the entirety of the first Trump administration. And both of those totals dwarf the *four* grants of relief (two each) during the Bush & Obama admins.
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Emma Monk @monkemma.bsky.social · 25/09/2026
🧵 As front-page headlines go, this has to be one of the most misleading I've seen in a long time It's an out-and-out lie But notice the trick they use to get away with it...👀 *They're* not lying - they're just quoting someone else who is👍🏻 In this case, the leader of the opposition🙄 1/33
Daily Express headline:

"More Freedoms Handed to New Arrivals than British Citizens"

Above an image of Kemi Badenoch

All with a Monk Debunked stamp on top
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Ryan Goodman @rgoodlaw.bsky.social · 24/09/2026
From 16,000 to 185 to Zero: Trump’s Claims of Illegal Voting in Nevada Fizzle. "The state sent a strongly worded rebuke to the federal government: Every single person on the list was a lawful citizen."
nytimes.com
From 15,000 to 185 to Zero: Trump’s Claims of Illegal Voting in Nevada Fizzle
It was the Trump administration’s latest stumble in its effort to find proof of widespread noncitizen voting, despite decades of evidence that it is extremely rare.
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1 Crown Office Row @1crownofficerow.bsky.social · 07/09/2026
The UK Human Rights Blog is moving to Substack. From 19 October, all new articles will be published exclusively on our Substack, and no new content will appear on our current website. To stay up to date with our latest articles, please subscribe here: substack.com/@ukhumanrigh... #UKHumanRightsBlog
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Ryan Goodman @rgoodlaw.bsky.social · 21/09/2026
He is not wrong. "There are reasonable grounds to believe that the reported 68 attacks that killed 223 people constituted crimes against humanity of murder under customary international law" - United Nations Special Rapporteur on U.S. Killing “Narco-Terrorists” at Sea www.ohchr.org/sites/defaul...
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Colin Murray @colinmurray.bsky.social · 20/09/2026
Exceptional timing for #calledtothebar to have this podcast lined up and ready to go before Donald Trump made the promotion of Irish unity international news:
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The Empty City @davidallengreen.bsky.social · 18/09/2026
NEW When should ministers avoid acting unlawfully? How new government guidance emphasises the risk of getting caught as the key factor By me, at @prospectmagazine.co.uk www.prospectmagazine.co.uk/ideas/law/th...
If a minister does an unlawful act but it is not legally challenged, does it matter? This is in one way the constitutional law version of the philosophical question about whether a tree falling in a forest makes any sound. 

But it is not an abstract issue, for a great deal of what governments do and do not do will never be put before a court, but should be in accordance with the law anyway.

The notion of the “rule of law” should mean that there is a lawful basis for each action and inaction by the state. For everything the government does and does not do, one should be able to point to some relevant law.
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Steve Peers @stevepeers.bsky.social · 16/09/2026
In part a response to a CJEU ruling against Hungary earlier this year
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Institute for Government @instituteforgovernment.org.uk · 17/09/2026
Two huge donations to Reform UK have prompted a debate about whether the government should introduce retrospective legislation to outlaw or reverse them. So what is retrospective legislation and when is it ok? www.instituteforgovernment.org.uk/comment/retr...
instituteforgovernment.org.uk
Legislating for the past: What is retrospective legislation and when is it ok? | Institute for Government
What is meant by “retrospective” legislation, and can it ever be acceptable?
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Steve Peers @stevepeers.bsky.social · 15/09/2026
Uk government proposed bill to remove limit on Catholic or Jewish Prime Ministers advising the monarch on Church of England appointments www.gov.uk/government/n...
gov.uk
Government introduces Repeal Bill to remove outdated constitutional rules
The Bill will remove the historic religious restrictions which prevents a Roman Catholic or Jewish Prime Minister from carrying out the full constitutional duties of their office.
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Steve Peers @stevepeers.bsky.social · 15/09/2026
Reform Party might go to the European Court of Human Rights - the court it wants to leave To challenge retrospective legislation ("not the British way") - but retrospective legislation (loss of indefinite leave to remain) is the core of its immigration policy
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The Empty City @davidallengreen.bsky.social · 15/09/2026
Political party opposed to the European Convention on Human Rights minded to rely on the European Convention on Human Rights before the the European Court of Human Rights.
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The Empty City @davidallengreen.bsky.social · 28/08/2026
Terrorism law is that special body of law which provides for rights and obligations over and above the general law of the land. Terrorism law should be credible and taken seriously. The ever-expanding nature of ‘terrorism’ offences is not taking it seriously. www.theguardian.com/uk-news/2026...
theguardian.com
Seven charged with damaging Trump’s Scottish golf course accused of ‘terrorist connection’
Course at Donald Trump’s Turnberry resort was painted with words ‘Gaza is not 4 sale’ and clubhouse was sprayed with graffiti
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The Empty City @davidallengreen.bsky.social · 26/07/2026
This inquiry will be worth following.
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Máiréad Enright @maireadenright.bsky.social · 07/07/2026
A crucial report into gendered institutional abuse in Northern Ireland will be published today. Well worth reading for myriad reasons, not least because the independent panel was tasked with developing the kind of human-rights-centred approach survivors in the Republic have been denied.
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Colin Murray @colinmurray.bsky.social · 07/07/2026
Significant day as the Truth Recovery Independent Panel issues its report on Mother and Baby Institutions, Magdalene Laundries, and Workhouses in NI. This systemic review, drawing on multiple methods, needs to receive the attention this issue deserves: www.independentpanel.truthrecoveryni.co.uk
independentpanel.truthrecoveryni.co.uk
Independent Panel Truth Recovery NI
Welcome to the home page of the Independent Panel Truth Recovery NI.
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Sylvia de Mars @sylviademars.me · 02/07/2026
Many thanks to Steve for publishing this - Eleni and I have been going feral at each other at how the Reed UKSC deals with EU law for a while now, and Dillon felt like an invitation to put some thoughts to paper. Can't imagine the CJEU is thrilled with its corpus being reimagined by a former MS.
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Colin Murray @colinmurray.bsky.social · 02/07/2026
Essential reading from @sylviademars.me and Eleni Frantziou on just how divorced from the reality of EU law the UKSC's approach to direct effect in Dillon actually is: eulawanalysis.blogspot.com/2026/07/doub...
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Ulster University School of Law @ulsterunischlaw.bsky.social · 24/06/2026
📣𝗦𝗵𝗼𝘄𝗰𝗮𝘀𝗶𝗻𝗴 𝗖𝗹𝗶𝗻𝗶𝗰𝗮𝗹 𝗟𝗲𝗴𝗮𝗹 𝗘𝗱𝘂𝗰𝗮𝘁𝗶𝗼𝗻 Last week, Dr Esther McGuiness, Laura Hyde, Melissa McKee, Claire Mulrone and Bronagh Heverin (ATU) attended the 12th European Network for Clinical Legal Education (ENCLE) and 23rd (IJCLE) International Journal for Clinical Legal Education Conference 2026.
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Ulster University School of Law @ulsterunischlaw.bsky.social · 18/06/2026
Recently Ulster University School of Law hosted the NI Mock Trial Initiative: a full-day simulated Crown Court trial based on a serious sexual offence case. Presided over by Sir Judge John Gillen, the exercise proved to be a hugely beneficial learning experience. Thanks to all involved.
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Sylvia de Mars @sylviademars.me · 24/06/2026
Today at the NI Scrutiny Committee, we have Chris McCrudden and Sam Willis, also coming in on Art 2 and Dillon. I'll be lateblogging* what I'm seeing with some commentary as I have many, many feelings on Dillon and Article 2. 1/ * I never see these things live.
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Ryan Goodman @rgoodlaw.bsky.social · 22/06/2026
Many lessons to be taken from this new searchable database including: Todd Blanche's gross mismanagement of DOJ over this period Courts saying: 'presumption of regularity'/government good faith simply gone Courts: increasingly sanctioning DOJ attorneys⬇️ www.justsecurity.org/133928/immig... 1/🧵
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The Empty City @davidallengreen.bsky.social · 19/06/2026
NEW What the Palestine Action appeal decision tells us about terrorism law An already broad law is now matched with broad ministerial powers The Weekly Constitutional at @prospectmagazine.co.uk www.prospectmagazine.co.uk/ideas/law/th...
And last week it turned out the Court of Appeal was not happy either. In a rare move the bench was expanded to five, including the Lady Chief Justice and the Master of the Rolls. The strong bench below would be met with an even stronger bench above. And those five appeal judges unanimously sided with the government.

Their judgment is a depressing read from a liberal constitutionalist perspective. The judges defer to the home secretary on issues of national security in terms which it is difficult to imagine them ever not doing so on any proscription decision. The court as a check and a balance becomes illusory.

The impact of the proscription on the right of free expression is then waved away by saying that the protesters have the right to express support about other things. The judges even do some historically illiterate dabbling about the suffragette movement, in what would be howlers in an undergraduate history essay.

It is not an impressive judgment, but it leaves an impression. The decision is reminiscent of the notorious wartime judgment of the House of Lords in Liversidge v Anderson, which upheld illiberal detention powers, leaving Lord Atkin to famously dissent that his fellow law lords were “more executive minded than the executive”. The combination of this judgment with the government avoiding a direct parliamentary vote on the proscription showed that the law here has no meaningful checks and balances.
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Colin Murray @colinmurray.bsky.social · 18/06/2026
The EWCA's Ammori decision marks a dismal low in the courts' scrutiny of national security issues. In a new post on @verfassungsblog.de, @alangreene.bsky.social, @daniellalock.bsky.social and I examine the depressing tricks by which rights protections disappear: verfassungsblog.de/palestine-ac...
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Colin Murray @colinmurray.bsky.social · 15/06/2026
All eyes to the Court of Appeal in London at 11am for the hand down of a special five judge decision (in light of the importance of the issues at stake) on the lawfulness of the UK Govt's Palestine Action ban: www.independent.co.uk/news/uk/home...
independent.co.uk
High Court to rule on Palestine Action terror group ban
Three judges ruled in February that the then-home secretary Yvette Cooper’s decision to proscribe Palestine Action was unlawful
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Ulster University School of Law @ulsterunischlaw.bsky.social · 09/06/2026
🎉𝗝𝗼𝗶𝗻 𝘂𝘀 𝗶𝗻 𝗰𝗼𝗻𝗴𝗿𝗮𝘁𝘂𝗹𝗮𝘁𝗶𝗻𝗴 𝗗𝗮𝗻𝗶𝗲𝗹𝗹𝗲 𝗚𝗮𝗹𝗹𝗮𝗴𝗵𝗲𝗿 𝗼𝗻 𝗽𝗮𝘀𝘀𝗶𝗻𝗴 𝗵𝗲𝗿 𝗣𝗵𝗗 𝘃𝗶𝘃𝗮 𝗹𝗮𝘀𝘁 𝘄𝗲𝗲𝗸! 🎉 Danielle’s thesis title was ‘𝗘𝗻𝗴𝗲𝗻𝗱𝗲𝗿𝗶𝗻𝗴 𝗝𝘂𝘀𝘁𝗶𝗰𝗲: 𝗔 𝗗𝗿𝗮𝗺𝗮𝘁𝗶𝗰 𝗥𝗲𝘀𝗲𝗮𝗿𝗰𝗵 𝗠𝗲𝘁𝗵𝗼𝗱 𝗳𝗼𝗿 𝗖𝗼-𝗣𝗿𝗼𝗱𝘂𝗰𝗶𝗻𝗴 𝗦𝗼𝗰𝗶𝗼-𝗟𝗲𝗴𝗮𝗹 𝗞𝗻𝗼𝘄𝗹𝗲𝗱𝗴𝗲 𝘄𝗶𝘁𝗵 𝗠𝗮𝗿𝗴𝗶𝗻𝗮𝗹𝗶𝘀𝗲𝗱 𝗣𝗮𝗿𝘁𝗶𝗰𝗶𝗽𝗮𝗻𝘁𝘀’.
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Lewis Graham @lewisgrahamlaw.bsky.social · 05/06/2026
The claimants in the private school fees VAT challenge have been granted permission to appeal to the Supreme Court. I think this is pretty surprising - the claim is substantively very weak, and it involves no novel legal points. www.supremecourt.uk/cases/uksc-2...
supremecourt.uk
R (on the application of BYL (by their litigation friend BAU)) and another (Appellants) v Chancellor of the Exchequer and others (Respondents) - UK Supreme Court
In 2025 the government introduced VAT on private school fees. The appellants are religious private schools, their pupils, and their pupils’ parents. Was the introduction of VAT on private school fe...
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Lewis Graham @lewisgrahamlaw.bsky.social · 04/06/2026
In this post I explain the Supreme Court's recent decision overturning Cheshire West, what this now means for understanding what a deprivation of liberty looks like, and offer some brief comments on the reasoning and implications of the judgment administrativecourtblog.wordpress.com/2026/06/04/w...
administrativecourtblog.wordpress.com
What is a deprivation of liberty?
Article 5 of the European Convention on Human Rights (ECHR) protects the right to liberty, and guarantees that nobody shall be “deprived” of their liberty unless certain conditions, set out in that…
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Steve Vladeck @stevevladeck.bsky.social · 03/06/2026
#BREAKING: Over public dissents from the three Democratic appointees, #SCOTUS grants stay of district court injunction in Alabama redistricting cases, clearing the way for Alabama to use its 2023 map.
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Rory O'Connell @rjjoconnell.bsky.social · 01/06/2026
Delighted to discover the Europe Explained podcast; latest episode has an Irish perspective on the ECHR, incl its role in the peace process and securing social change, with @niaolainf.bsky.social and Daniel Holder of @cajni.bsky.social among interviewees www.coe.int/en/web/porta...
Text of Europe Explained podcast website with link to latest episode on European Court of Human Rights, peace and social change in Ireland
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Ryan Goodman @rgoodlaw.bsky.social · 30/05/2026
With Friday strike, over 200 people killed by US military in alleged drug boat strikes. Overwhelming consensus of experts, myself included, assess these to be murder because no armed conflict (and war crime if it were armed conflict). 200 killed also raises serious question: crime against humanity
justsecurity.org
Timeline of Boat Strikes and Related Actions
A timeline that chronicles major events in the Trump administration’s campaign of lethal strikes against suspected drug traffickers.
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Ryan Goodman @rgoodlaw.bsky.social · 29/05/2026
Significant development on $1.8 billion fund: Federal court responds favorably to motion by 35 former federal judges. Their motion asked court reopen the case to see whether a fraud was perpetrated on the court to effectuate the "settlement." Judge responds⤵️
Here, the non-party movants advance grievous allegations that Plaintiffs voluntarily dismissed this litigation solely to avoid judicial scrutiny of a lawsuit that “was collusive from the start” and was only filed to provide the imprimatur of legality for an unlawful settlement. (DE 63 at 16). They point to the fact that the settlement in question includes a “three-paragraph addendum2 . . . [that] purports to ‘forever bar[] and preclude[]’ the United States from pursuing claims that could have been [otherwise] asserted [against] Plaintiffs,” (Id. at 8), and highlight the fact that Defendants did not “even try[] to defend against Plaintiffs’ claims” despite their active opposition to nearly identical claims in other litigation.3 (Id. at 16). Finally, the non-party movants assert that Plaintiffs’ claims were “clearly untimely” and therefore untenable. (Id.).
Accordingly, it is ORDERED AND ADJUDGED that Plaintiffs shall file a response to the Motion (DE 63) on or before June 12, 2026, detailing their position on the matters set forth in the Motion, including (1) the charges of collusion and whether the Parties are truly adverse; (2) the assertion that the dismissal in this case was premised on deception by the Parties; and (3) the question of whether the case should be reopened because the Court was the “victim of a fraud.” (DE 63 at 13, citing 11 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 2870 (3d ed.)). The non-party movants may, if they choose, file a reply on or before June 19, 2026. DONE AND ORDERED in Chambers in Miami, Florida, on this 29th day of May, 2026.
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Aoife O'Donoghue @aoifemod.bsky.social · 28/05/2026
This is a longer version of the piece I did for the Morrigan Blog on the Dillon Decision in the UK Supreme Court focusing on the continuities in the descriptions of the Irish as violent & producing silences amongsts those not identified as 'sectarian' criticallegalthinking.com/2026/05/27/w...
criticallegalthinking.com
Women and Colonialism in the UK Supreme Court’s decision in Re Dillon (2026)
There are many extraordinary things about the UK Supreme Court’s (UKSC) decision in Dillon. It unpicks at least half of Article 2 of the Windsor Framework
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Andrew Cutting @andrewcutting.coe.int · 26/05/2026
❗Leaving the ECHR would jeopardise the UK’s national security and hinder its efforts to tackle irregular migration, say a group of former justice secretaries and attorneys-general👇 🔗 www.ft.com/content/b3e4... via @financialtimes.com
ft.com
Leaving ECHR would jeopardise UK national security, say centrist Tories
Former ministers claim withdrawal from human rights agreement is a ‘false solution’ to combat irregular migration
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Colin Murray @colinmurray.bsky.social · 16/05/2026
It's me Vs Jim Allister this morning over the implications of Dillon for trans rights. There' s been a (wrong) narrowing of Art 2 by the UKSC, but on gender para 118 is key, the Annex 1 Directives should continue to have direct effect, so EU law claims remain arguable: share.google/tGsVRo0brH0Y...
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Colin Murray @colinmurray.bsky.social · 14/05/2026
My take on the UKSC's Dillon judgment - it is a combination of regressive and dubious reasoning. It radically reduces the range of cases in which Art 2 is applicable, in reasoning which flies in the face of the UK Government's promises over the provision: ukconstitutionallaw.org/2026/05/14/c...
ukconstitutionallaw.org
Colin Murray: Hollowing out Northern Ireland’s Post-Brexit Rights Protections in Re Dillon [2026] UKSC 15
The Good and Faithful Servants One of the foundational assertions of judicial approaches to legislation in the UK comes from Willes J in Lee v Bude and Torrington Railway Co: We sit here as servant…
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Sara Hobolt @sarahobolt.bsky.social · 08/05/2026
British politics is resembling the rest of Europe: • Multi-party competition has replaced two-party dominance • Challengers are on the rise, esp. the populist right • Political realignment centres on identity politics (incl Brexit) But FPTP is poorly suited to this fragmentation
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CAJ @cajni.bsky.social · 07/05/2026
🚨Upcoming Event: “UK Supreme Court Dillon and Others judgment – analysis and what next?” June 3rd | 10am | Ulster University Belfast Room BC-00-307 From legacy issues to Article 2 of Windsor Framework/Protocol, this will be an important and timely event. RSVP via the link 🔗 👉 lnkd.in/eHGKwgsm
Event poster. Titled UK Supreme Court Dillon and Others judgment – analysis and what next? Ulster University Belfast, Room BC-00-307. 10am. 3rd June 2026
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Colin Murray @colinmurray.bsky.social · 07/05/2026
Out of roughly a million panels on the ICON Conference this year, I've put together the one panel that mentions Brexit in the title. You might think this means that the party has moved on. I'm here to tell you at length that the core-periphery relations now in play will continue to define Europe...
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Lewis Graham @lewisgrahamlaw.bsky.social · 01/05/2026
New blog from me and Marion Sandner for Strasbourg Observers on the recent ECtHR case of DA and RA v United Kingdom. One day I will publish something which doesn't feature a dig at the UKSC's decision in SC, but today is not that day... strasbourgobservers.com/2026/05/01/d...
strasbourgobservers.com
DA and RA v the United Kingdom: (a return to?) maximum deference in socio-economic matters - Strasbourg Observers
By Lewis Graham and Marion Sandner Introduction When determining whether an interference with a Convention right relating to socio-economic matters has been justified by a state, the European Court of...
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Leah Litman @leahlitman.bsky.social · 29/04/2026
Listen in:
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Lewis Graham @lewisgrahamlaw.bsky.social · 27/04/2026
The Court of Appeal hearing for Ammori’s case (Palestine Action proscription appeal), starting tomorrow, has been listed for 5 judges. This is very rare, especially in the Court of Appeal (Civil Division). The judges are: the LCJ, the MR, Edis LJ, Lewis LJ and Whipple LJ
court-tribunal-hearings.service.gov.uk
Court of Appeal (Civil Division) Daily Cause List
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Rory O'Connell @rjjoconnell.bsky.social · 26/04/2026
The truth about Trump’s plan to bring back execution by firing squad www.motherjones.com/politics/202...
motherjones.com
The truth about Trump’s plan to bring back execution by firing squad
A veteran death penalty lawyer says it is part of the administration’s “brutality trip.”
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Leah Litman @leahlitman.bsky.social · 20/04/2026
Delighted that Steve could join to talk about the memos the NYT obtained - that show the behind-the-scenes goings on that went into SCOTUS staying the Clean Power Plan on the shadow docket 10 years ago. Tune in!!
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Ryan Goodman @rgoodlaw.bsky.social · 20/04/2026
This is an elegant, learned explanation of Just War Theory and the Iran war. An important corrective arising out of the Trump administration's responses to the Catholic Church. By the brilliant @mikeschmitt.bsky.social www.justsecurity.org/136692/just-...
justsecurity.org
A Primer on Just War Theory and the Iran War
Leading scholar explains just war theory and the Iran war. An assessment of the Trump administration's response to the Catholic Church.
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Gavan Reilly @gavreilly.com · 16/04/2026
Things I couldn't post while Bluesky was down: - Catherine Connolly is to convene the Council of State next Monday, for the first time since taking office, to consider the constitutionality of the International Protection Bill, which aims to largely give domestic effect to the EU Migration Pact
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Anne Applebaum @anneapplebaum.wsocial.eu · 14/04/2026
How did Magyar win? A long running grassroots campaign in rural and small town Hungary; a refusal to be distracted by government propaganda; a focus on economic issues and corruption; a central promise to bring back democracy and the rule of law
theatlantic.com
Illiberalism Is Not Inevitable
If Viktor Orbán can lose, then his Russian and American admirers can lose too.
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The Empty City @davidallengreen.bsky.social · 09/04/2026
If any legal argument relies on how “eminent“, “distinguished“ or “prominent“ the authors are then it is likely to be a dud argument. For the great thing about legal reasoning is it does not depend on the qualities of the author. The reasoning is the thing. A cat can look at a king(‘s counsel).
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