Sign in

Sam Breidbart

@sam-breidbart.bsky.social
301 followers 232 following 112 posts

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

PostsRepliesMedia
Reposted by Sam Breidbart
Tom “T.M.” Wolf @tomtmwolf.bsky.social · 9h
Your 1,384th reminder that the Supreme Court's grant of criminal immunity to sitting presidents was an epochal dereliction of duty. It needs to be wiped from the books as soon as possible.
928968
Reposted by Sam Breidbart
Tom “T.M.” Wolf @tomtmwolf.bsky.social · 06/10/2026
Your regular reminder that the Supreme Court’s grant of criminal immunity to presidents is an antI-constitutional travesty…
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.
11311
Reposted by Sam Breidbart
Kevin Morris @kevintmorris.bsky.social · 06/10/2026
Hey hey -- it's publication day! Couldn't be more excited for this to be out in the world. press.princeton.edu/books/hardco...
21583154
Reposted by Sam Breidbart
Tom “T.M.” Wolf @tomtmwolf.bsky.social · 03/10/2026
If you're a lawyer trying to navigate the jurisprudential funhouse Justice Alito and the rest of the conservative supermajority's originalists created, we've got the litigation guide for you! @sam-breidbart.bsky.social @cisozaki.bsky.social @brennancenter.org
brennancenter.org
Countering Originalism
This guide offers lawyers strategies, arguments, and citations to address originalist claims they encounter in litigation.
0107
Sam Breidbart @sam-breidbart.bsky.social · 01/10/2026
An important discussion — for lawyers and historians both!
011
Sam Breidbart @sam-breidbart.bsky.social · 28/09/2026
Looking forward to this! Join us virtually tomorrow at 3pm!
031
Reposted by Sam Breidbart
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.
22817
Reposted by Sam Breidbart
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! ⬇️
034
Reposted by Sam Breidbart
Tom “T.M.” Wolf @tomtmwolf.bsky.social · 14/09/2026
012
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!
053
Reposted by Sam Breidbart
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.
510143
Reposted by Sam Breidbart
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/...
14516
Reposted by Sam Breidbart
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...
4551933159
Reposted by Sam Breidbart
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.
042
Reposted by Sam Breidbart
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.
1127
Reposted by Sam Breidbart
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
47035
Reposted by Sam Breidbart
jamelle @jamellebouie.net · 22/07/2026
literal dred scott logic
421802290
Reposted by Sam Breidbart
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.
011
Reposted by Sam Breidbart
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...
11112
Reposted by Sam Breidbart
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
0107
Reposted by Sam Breidbart
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.
02919
Reposted by Sam Breidbart
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...
022
Reposted by Sam Breidbart
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
05011
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.
010
Reposted by Sam Breidbart
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.
101217342
Sam Breidbart @sam-breidbart.bsky.social · 03/07/2026
A significant point here too. Alito wrapped his arms in medieval texts in Dobbs, but then turned around to dismiss birthright citizenship as “feudal.” (Bad) history for me but not for thee.
032
Sam Breidbart @sam-breidbart.bsky.social · 03/07/2026
Spoke to @adamserwer.bsky.social on why the birthright citizenship dissents make no sense.
121
Sam Breidbart @sam-breidbart.bsky.social · 02/07/2026
Come for the deep dive on unitary executive theory, stay for the discussion of whether John Roberts should have joined Donald Trump at Studio 54 in the 80s.
132
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
121
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...
0124
Reposted by Sam Breidbart
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.
48131
Reposted by Sam Breidbart
Adam Serwer @adamserwer.bsky.social · 30/06/2026
Lotta great cameos in the footnotes in Jackson's concurrence.
31689
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.
032
Sam Breidbart @sam-breidbart.bsky.social · 01/07/2026
@katemasur.bsky.social and @marthasjones.bsky.social 's brief is here. Even more enjoyable reading today. www.brennancenter.org/our-work/res...
brennancenter.org
Historians’ Amicus Brief in Trump v. Barbara
Two historians and professors of legal history represented by Kendall Brill & Kelly LLP have filed a brief supporting a challenge to President Trump’s executive order purporting to end birthright citi...
043
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.
1178
Sam Breidbart @sam-breidbart.bsky.social · 01/07/2026
It was a rare moment of restraint after lawless decisions in Slaughter, Callais, and other cases. And even then, it was only 5 justices who came to the right answer. Too close for comfort. It's time to reform the Court.
020
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.
13014
Reposted by Sam Breidbart
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
0152
Reposted by Sam Breidbart
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.
16017
Reposted by Sam Breidbart
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.
1939170
Reposted by Sam Breidbart
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.
1124
Reposted by Sam Breidbart
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
34916
Reposted by Sam Breidbart
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
28740
Reposted by Sam Breidbart
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.
973474720
Reposted by Sam Breidbart
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
0457
Reposted by Sam Breidbart
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.
2262
Reposted by Sam Breidbart
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.
2767591325
Reposted by Sam Breidbart
Claire E. Aubin @ceaubin.com · 11/06/2026
544066458
Reposted by Sam Breidbart
Nitish Pahwa @nitishpahwa.com · 11/06/2026
[crying, choking, vomiting] BING BONG
146441
Reposted by Sam Breidbart
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.”
1355