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Sam Breidbart

@sam-breidbart.bsky.social
297 followers 232 following 111 posts

thinking about law and history at the Brennan Center; formerly working in NYC gov

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Sam Breidbart @sam-breidbart.bsky.social · 28/09/2026
Looking forward to this! Join us virtually tomorrow at 3pm!
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Brennan Center @brennancenter.org · 21/09/2026
Originalism is gaining influence in constitutional law. How can lawyers and historians work together to address originalist arguments in the courts? Join Brennan Center lawyers and leading American historians virtually on Sept. 29 at 3 p.m. ET. RSVP:
brennancenter.org
Reading the Past: Historians and Lawyers in Dialogue
This practical conversation will explore originalism, historical evidence, and how lawyers and historians can work together in the courts.
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Tom “T.M.” Wolf @tomtmwolf.bsky.social · 19/09/2026
More than 1,000 people have signed up for our Sept. 29 session. Join the crowd! ⬇️
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Tom “T.M.” Wolf @tomtmwolf.bsky.social · 14/09/2026
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Sam Breidbart @sam-breidbart.bsky.social · 10/09/2026
Looking forward to being part of this with Serena Mayeri @penncareylaw.bsky.social, Laura Edwards @princeton.edu, and Tom @brennancenter.org! We'll talk about tools for countering originalism and non-originalist methods for bringing history into litigation. Be there!
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Julia Rose Kraut @juliarosekraut.bsky.social · 13/08/2026
Honored to join Ellen Schrecker & Sam Lebovic in submitting the Historians' Amicus Brief in AAUP v. Rubio. 🗃️ The brief focuses on the First & Second Red Scares, & on the development of free speech jurisprudence. Read ⬇️ Grateful to @brennancenter.org & Counsel www.brennancenter.org/our-work/res...
brennancenter.org
Historians’ Amicus Brief in American Association of University Professors v. Rubio
Historians filed a brief supporting a challenge to the federal government’s policy of arresting, detaining, and deporting noncitizen students and faculty on the basis of their speech and associations.
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Tom “T.M.” Wolf @tomtmwolf.bsky.social · 06/08/2026
The Trump admin. is *once again* claiming that the Constitution's guarantee of birthright citizenship was limited to the children of former slaves. This is wrong. Historians @marthasjones.bsky.social & @katemasur.bsky.social wrote a whole brief explaining why. www.brennancenter.org/media/15301/...
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Chris Hayes @chrislhayes.bsky.social · 03/08/2026
It’s taken me 47 years, but some kind of switch flipped this year and I’ve gotten really into the Grateful Dead. www.npr.org/2026/08/03/n...
npr.org
How long will the Grateful Dead's songs survive?
The Grateful Dead endured an original run of 30 years, but its appeal has survived just as long in a world where the band no longer exists. The question now is not whether the music will continue, but...
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Tom “T.M.” Wolf @tomtmwolf.bsky.social · 28/07/2026
And, in the process, their brief modeled one way that non-originalist historical scholarship can impact the contemporary Court's constitutional jurisprudence. Even in this "originalist" era, non-originalist work counts.
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Tom “T.M.” Wolf @tomtmwolf.bsky.social · 28/07/2026
In @slate.com, Reva Siegel examines how SCOTUS's birthright citizenship opinion shows how people outside the courts have long shaped the Constitution. She spotlights a key development: for the first time, the Court recognized Frederick Douglass as a framer. Historians helped the Court get there 🧵⬇️
slate.com
The Supreme Court’s Biggest Case of the Term Shows Popular Constitutionalism in Action
The birthright citizenship case the Supreme Court just decided demonstrates how deep-rooted this practice is.
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Lauren Miller Karalunas @lmillerkaralunas.bsky.social · 27/07/2026
Don't let this report slip through the news cycle unnoticed: federal officials recently admitted that the Trump administration canceled billions in federal grants to states "based solely" on whether they backed the president in the 2024 election. This is a big deal. 🧵1/6
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jamelle @jamellebouie.net · 22/07/2026
literal dred scott logic
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Tom “T.M.” Wolf @tomtmwolf.bsky.social · 22/07/2026
For more on “negative precedents“ see our Countering Originalism guide (cc: @sam-breidbart.bsky.social & @cisozaki.bsky.social)
brennancenter.org
Countering Originalism
This guide offers lawyers strategies, arguments, and citations to address originalist claims they encounter in litigation.
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Tom “T.M.” Wolf @tomtmwolf.bsky.social · 22/07/2026
We’re living under the negative presidency. As @jamellebouie.net explains in today’s NYT, the Trump admin is trying to turn all of our negative precedents into our future. www.nytimes.com/2026/07/22/o...
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NYC Policy Forum @nycpolicyforum.bsky.social · 21/07/2026
With NYC's 2nd flash flood warning in 4 days, today would be a good day to read Daniel Aldana Cohen interviewing NYU Eric Klinenberg on the rise of cloudburst events & the "sponge city interventions" that could mitigate harm while improving infrastructure nycpolicyforum.substack.com/p/how-to-han...
nycpolicyforum.substack.com
How to Handle a Rain Bomb
Eric Klinenberg and Daniel Aldana Cohen discuss flash flooding and sponge infrastructure in New York City
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Just Security @justsecurity.org · 10/07/2026
In the Slaughter and Cook cases, the Supreme Court misread history with an unmistakable result: two fundamentally irreconcilable decisions, argue @andreascoseriakatz.bsky.social (Andrea Scoseria Katz) and janemanners.bsky.social (Jane Manners).
justsecurity.org
“Lost to History”: Uses and Abuses of the Past in Slaughter and Cook
In these two cases, the Court misread and ignored history with an unmistakable result: two fundamentally irreconcilable decisions.
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Stephen Spaulding @stevespaulding.bsky.social · 10/07/2026
www.brennancenter.org/our-work/ana...
brennancenter.org
Brennan Center Reacts to the Terminations of Election Assistance Commissioners by President Trump
President Trump today terminated two members of the U.S. Election Assistance Commission, and the agency’s remaining Republican commissioner resigned. This leaves the Election Assistance Commission — a...
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Brennan Center @brennancenter.org · 08/07/2026
Presidents are subject to the law. They are not above it, and they must respect the laws Congress passes. Brennan Center experts discuss the latest Supreme Court term on The Briefing with Michael Waldman: bit.ly/4w1z3P6
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Sam Breidbart @sam-breidbart.bsky.social · 04/07/2026
Celebrate the 250th birthday of our revolution against a king by getting mad at SCOTUS's attempted counterrevolution this past week.
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Barred and Boujee aka Madiba Dennie @audrelawdamercy.blacksky.app · 03/07/2026
underappreciated that the racist and lawless position adopted by 4 justices in the birthright citizenship case a few days ago was considered and rejected by justices in *1898* who were like oh woof that's too racist and lawless even for us ballsandstrikes.org/scotus/birth...
ballsandstrikes.org
The Supreme Court’s Big Birthright Citizenship Decision Is the Absolute Bare Minimum
The justices had a simple task in Trump v. Barbara: uphold their oaths. Only five were willing to do so.
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Sam Breidbart @sam-breidbart.bsky.social · 03/07/2026
Spoke to @adamserwer.bsky.social on why the birthright citizenship dissents make no sense.
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Sam Breidbart @sam-breidbart.bsky.social · 02/07/2026
Talked with @mawaldman.bsky.social @brennancenter.org about everything SCOTUS is getting wrong (independent agencies) even when it sometimes gets something right (birthright citizenship, but barely), and what the Court's use of originalism is really all about. www.youtube.com/watch?v=Erbf...
youtube.com
Power Grab: Supreme Court Delivers for Trump (with Sam Breidbart and Eric Petry)
YouTube video by Brennan Center for Justice
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Sam Breidbart @sam-breidbart.bsky.social · 01/07/2026
Spoke to @zoetillman.bsky.social about the chaos the Court created with Slaughter, and some of the opportunities that remain for future litigation. www.bloomberg.com/news/article...
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Brennan Center @brennancenter.org · 01/07/2026
The Supreme Court managed to get the right answer on birthright citizenship. But it flunked just about every other test this term. The Court's failures put our democracy at risk. @tomtmwolf.bsky.social and @sam-breidbart.bsky.social explain.
ms.now
Opinion | The Supreme Court saved birthright citizenship — but Kavanaugh’s dissent is ominous
Thomas Wolf and Samuel Breidbart: The decision in Trump v. Barbara is a rare moment of restraint in this court’s ongoing anti-democratic rampage.
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Adam Serwer @adamserwer.bsky.social · 30/06/2026
Lotta great cameos in the footnotes in Jackson's concurrence.
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Sam Breidbart @sam-breidbart.bsky.social · 01/07/2026
"While Trump v. Barbara was a weighty case, it shouldn’t have been a hard one. And the decision does not make the court some guardian of multiracial democracy. This court has been taking a sledgehammer to it throughout this term." Me and @tomtmwolf.bsky.social in @ms.now ms.now/opinion/supr...
ms.now
Opinion | The Supreme Court saved birthright citizenship — but Kavanaugh’s dissent is ominous
Thomas Wolf and Samuel Breidbart: The decision in Trump v. Barbara is a rare moment of restraint in this court’s ongoing anti-democratic rampage.
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Sam Breidbart @sam-breidbart.bsky.social · 01/07/2026
Justice Jackson built off the essential work of @katemasur.bsky.social and @marthasjones.bsky.social, as reflected in their brief. And just as importantly -- she demonstrated how history can contribute to constitutional meaning-making in a non-originalist register.
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Sam Breidbart @sam-breidbart.bsky.social · 01/07/2026
SCOTUS did what it needed to do on birthright citizenship (though only barely). But let's not celebrate them. This term has been a rolling disaster for multiracial democracy. @tomtmwolf.bsky.social and I elaborate here: www.ms.now/opinion/supr...
ms.now
Opinion | Today, the Supreme Court got birthright citizenship right. Tomorrow we may not be so lucky.
Thomas Wolf and Samuel Breidbart: The decision in Trump v. Barbara is a rare moment of restraint in this court’s ongoing anti-democratic rampage.
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Kate Masur @katemasur.bsky.social · 30/06/2026
All this matters. Here's our brief, with immense thanks to @marthasjones.bsky.social @brennancenter.org Kendall Brill & Kelly and many others.
supremecourt.gov
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Kate Masur @katemasur.bsky.social · 30/06/2026
With so many others I'm relieved that SCOTUS upheld birthright citizenship. And yes, it shouldn't have been this close. Please, everyone, read Justice Jackson, who gives a particularly forthright account of the relevant history and emphasizes the stakes for this country.
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Brennan Center @brennancenter.org · 30/06/2026
BREAKING: SCOTUS upholds the long-standing American tradition of birthright citizenship. Today’s ruling is the right one amid an avalanche of Supreme Court opinions undermining our democracy.
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Jack Rakove @jrakove.bsky.social · 30/06/2026
How is it "playing on their terrain" to show that the practice was always more complex that the majority opinion pretends to deny? This is not an appeal to original intention, understanding or public meaning. It says there is a long record of decisions that undermine any originalist riff.
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Brennan Center @brennancenter.org · 29/06/2026
This Court has already handed presidents sweeping immunity from prosecution. Now it's giving them greater power to pressure agencies — and to punish enemies and reward friends. 4/4
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Brennan Center @brennancenter.org · 29/06/2026
BREAKING: Today was another power grab by the Supreme Court — and a big increase in power for unaccountable presidents. 1/4
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Anthony Michael Kreis @anthonymkreis.bsky.social · 24/06/2026
There is a pernicious and sustained effort to distort the historical record and do violence to the public’s memory.
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Anna Kornbluh @annakornbluh.bsky.social · 12/06/2026

many rectilinear forms meet in technicolor with banana pear bowl focal surprise

David Hockney, Christopher Isherwood and Don Bachardy, 1968
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Brennan Center @brennancenter.org · 11/06/2026
We are excited to welcome Kate Andrias, Olatunde Johnson, William Novak, Alice O’Brien, and Julie Suk as the new class of Polan Fellows. Drawn from the law and academia, the fellows will join the fight for the future of the U.S. Constitution. bit.ly/4uz5LGn
brennancenter.org
Brennan Center Announces 2026-2027 Steven M. Polan Fellows in Constitutional Law and History
The Brennan Center welcomes Kate Andrias, Olatunde Johnson, William Novak, Alice O’Brien, and Julie Suk as the new Polan Fellows. Drawn from the law and academia, the fellows will join the fight for the future of the U.S. Constitution.
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Josh Marshall @joshtpm.bsky.social · 11/06/2026
Jalen Brunson: “You’re allowed to think about the worst possible scenario. But you gotta go out there and do something about it.” A good mantra for fighting fascism too.
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Claire E. Aubin @ceaubin.com · 11/06/2026
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Nitish Pahwa @nitishpahwa.com · 11/06/2026
[crying, choking, vomiting] BING BONG
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Joe Stieb @joestieb.bsky.social · 08/06/2026
look at the world. History adds another dimension to our view of the world and enriches our experience. If it is a self-identity that we want, then history deepens and complicates that identity by showing us how it has developed through time. It tells us how we got to be the way that we are.”
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Joe Stieb @joestieb.bsky.social · 08/06/2026
On developing a historical sense: “To possess a historical sense does not mean simply to possess information about the past. It means to have a different consciousness, a historical consciousness, to have incorporated into our minds a mode of understanding that profoundly influences the way we/
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Joe Stieb @joestieb.bsky.social · 08/06/2026
some my favorite Gordon Wood quotes: “History does not teach lots of little lessons. Insofar as it it teaches any lessons, it teaches only one big one: that nothing ever works out quite the way its managers intended or expected.” /
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Tom “T.M.” Wolf @tomtmwolf.bsky.social · 04/06/2026
I hopped on the @brennancenter.org weekly podcast to talk about SCOTUS's approach to big presidential power questions. Stick around for words on what to remain hopeful for...
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jamelle @jamellebouie.net · 02/06/2026
the supposedly "originalist" unitary executive theory has led us to a point where the president is claiming the sovereign authority to force all institutions, public or private, to bend to his will or suffer the consequences www.nytimes.com/2026/06/02/u...
nytimes.com
White House Seeks to Impose Political Test on Billions in Federal Grants
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jamelle @jamellebouie.net · 02/06/2026
feel like i'm repeating myself a bunch here but the unitary executive is grounded more in some rousseauian idea of the "general will" than it is anything in the american political tradition
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Tom “T.M.” Wolf @tomtmwolf.bsky.social · 29/05/2026
Your regular reminder that the Supreme Court's opinion gifting presidents immunity from criminal prosecution is an anti-constitutional travesty that needs to be wiped off the books as soon as possible.
brennancenter.org
Supreme Court’s Radical Immunity Ruling Shields Lawbreaking Presidents and Undermines Democracy
The Court’s opinion in Trump v. United States is a dangerous attack on the rule of law.
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Gautham Rao (pronounced: Knicks in 5) @gauthamrao.bsky.social · 26/05/2026
He tried but couldn’t figure out the screen
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Tom “T.M.” Wolf @tomtmwolf.bsky.social · 20/05/2026
"The supercharged bad faith of constitutional originalism threatens everything we hold dear."
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Mina Kimes @minakimes.bsky.social · 20/05/2026
My hottest parenting take is that Raffi is not only the great to ever do it, but he’ll probably never be bested. Michael Phelps-ass children’s songwriter.
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