Sam J. Merchant @sammerchant.bsky.social · 09/09/2026We don’t say “civil justice system.” No compelling reason to say “criminal justice system.” I tend to say “criminal system.” 1110
Sam J. Merchant @sammerchant.bsky.social · 22/08/2026It's always interesting to see in federal sentencing that a first-degree murderer gets ~20 years while fraudsters and mid-level drug dealers get hundreds of years, but here we are. 010
Sam J. Merchant @sammerchant.bsky.social · 22/08/2026I put together a short, preliminary analysis of what we might expect for the Luigi Mangione federal sentencing. TLDR: most people in his shoes get a sentence of around 22 years, but here the government will clearly seek life (they really want the death penalty). crimprof.blog/sentencing-l...crimprof.blogSentencing Luigi Mangione: Preliminary Calculations, Data, and a Potentially Helpful Cert Grant – Crimprof Blog 120
Sam J. Merchant @sammerchant.bsky.social · 10/08/2026Culling my em dash use and I’d prefer this disclaimer. 070
Sam J. Merchant @sammerchant.bsky.social · 28/07/2026The USSC's peculiarities make it a perfect vehicle to explore agency design/modern formalism in admin law more generally. (E.g., the character of agencies, the nature of rules, nondelegation, U.E.T., interbranch appointments, etc.) 010
Sam J. Merchant @sammerchant.bsky.social · 28/07/2026On SSRN: I've updated my forthcoming article: The "U.S. Sentencing Commission in a Formalist Era." The USSC has many unique attributes and is one of the only remaining indp. agencies left. Is it constitutional after Slaughter? (Yes.) Can a Pres. fire at will? (No.) papers.ssrn.com/sol3/papers....papers.ssrn.comThe U.S. Sentencing Commission in a Formalist EraThe Supreme Court’s formalist turn has eroded the foundations of the modern administrative state, potentially placing the concept of the “independent agency” on 121
Sam J. Merchant @sammerchant.bsky.social · 02/07/2026static.klipy.comMad Men: I Don't Think About You At AllALT: Mad Men: I Don't Think About You At All 120
Reposted by Sam J. MerchantNick Bednar @nicholasbednar.bsky.social · 30/06/2026Over at Lawfare, I talk about the indeterminacy in Slaughter, the ways the Trump administration may weaponize it, and why federal courts are not the best enforcement mechanism for preserving administrative capacity. www.lawfaremedia.org/article/slau...lawfaremedia.orgSlaughter’s SilenceTrump v. Slaughter’s silence on the civil service raises concerns of executive aggrandizement. 28125
Sam J. Merchant @sammerchant.bsky.social · 30/06/2026(And @anthonymkreis.bsky.social I promise that mine is the overwhelming position at UMN.) 140
Sam J. Merchant @sammerchant.bsky.social · 30/06/2026It was an honor get interrupted by a landmark decision (Barbara) and help break it down for the public in real time. 2151
Sam J. Merchant @sammerchant.bsky.social · 30/06/2026Largely the same in Learning Resources (Tariff Case) dissents. In this case at least, I think it's (1) signaling, and (2) they know it'll be in casebooks and want their views in there (like all the writing in 2A cases). Yes, that seems like an invalid reason. 010
Sam J. Merchant @sammerchant.bsky.social · 30/06/2026The Court tinkering with structures that have proved (more or less) workable/stable is also very dangerous. The system might not be able to handle such haphazard swings (e.g., powerful modern agencies + the spoil system). 010
Reposted by Sam J. MerchantJonathan Gienapp @jgienapp.bsky.social · 30/06/2026One of the most incredible things I have ever worked on: Recently discovered documents, written by John Dickinson in 1775, that reveal his secret and previously unknown efforts to prevent the American Revolution. Now featured in the New York Times. www.nytimes.com/2026/06/30/u...nytimes.comA Founder’s Previously Unknown Attempt to Avert the Revolutionary War 11333104
Sam J. Merchant @sammerchant.bsky.social · 29/06/2026I'll be back on NewsNation again tomorrow at 9:30 (central) analyzing SCOTUS opinions as the Court releases them. 000
Reposted by Sam J. MerchantJulian Sanchez @normative.bsky.social · 29/06/2026This is a dangerous pattern with this Court: They find a delegation paired with a constraint, decide they don’t like the constraint, but appear totally untroubled by the idea that Congress delegated the power only *because* prior precedent assured them their constraints would be binding. 71004262
Sam J. Merchant @sammerchant.bsky.social · 24/06/2026I enjoyed breaking down some of the remaining SCOTUS cases this term. 020
Sam J. Merchant @sammerchant.bsky.social · 18/06/2026This opinion will facilitate a lot of good. If a defendant pleads guilty after knowing relevant facts and the precise sentence or range, fine.But if (as is common) they plead expecting 1-2 years and get 20+, or receive some unconst. condition and can't appeal, there are serious legitimacy questions. 020
Sam J. Merchant @sammerchant.bsky.social · 18/06/2026The opinion is Shelley v. Kraemer-esque. But I'll take appeal rights where I can get them. 020
Sam J. Merchant @sammerchant.bsky.social · 02/06/2026His opinion on slavery is deeply nuanced (the point of the posts above), not binary (like pregnancy). And I’m not sure what it means to give Jefferson “the benefit of the doubt,” but if it implies that I think he’s anti-slavery, see the first sentence. We end up at your conclusion, but not “simply.” 130
Sam J. Merchant @sammerchant.bsky.social · 02/06/2026Regarding Lash’s initial tweet, Jefferson was purporting to summarize the sentiments of the time, and his summary was obviously false. He tried the same anti-slavery complaint in the Declaration and Congress quickly struck it as absurd. 150
Sam J. Merchant @sammerchant.bsky.social · 02/06/2026Jefferson can (and did) believe that blacks were inferior to whites, but he can still be… more antislavery than many Southerners in the 1770s. In the end I view it as pragmatic; he inherited thousands of acres and hundreds of slaves. Like Musk today, he knew that his power was tied to his wealth. 240
Reposted by Sam J. MerchantSSRN @ssrn.bsky.social · 03/05/2026This article asks whether the Roberts Court’s formalist turn—resurgent nondelegation, major‑questions doctrine, & unitary‑executive theory—threatens independent agencies, focusing on the U.S. Sentencing Commission. Read: spkl.io/63324AAnZC Subscribe: spkl.io/63328AAnw8 163
Sam J. Merchant @sammerchant.bsky.social · 30/04/2026I try hard not to be a conspiracist, but following market for 20yrs, this sure feels like something going on behind the scenes. COVID taught us all of the hidden levers that can be pulled to juice the markets. 040
Sam J. Merchant @sammerchant.bsky.social · 29/04/2026Re: motivations, I know one of his first and favorite law clerks on CA10, who is smart and steeped in her tribal heritage (and that law). He brought her to SCOTUS in his first term. I think she might be a key source. If true, it’s fascinating the impact one person can have. 270
Sam J. Merchant @sammerchant.bsky.social · 28/04/2026I think it’s pretty clearly…whatever happens to people with significant Twitter use. I’ve seen it happen to many people now. Starts as likes on trolling/“based” takes. Then trying some posts of your own. Then it trickles into real life and becomes your personality. Smart people are not immune. 020
Sam J. Merchant @sammerchant.bsky.social · 27/04/2026She said this on Maher and got no pushback. Even on basic things like…certifying an election (which will be existentially important in 2028). 000
Sam J. Merchant @sammerchant.bsky.social · 11/04/2026Yep, there was explicit debate about this at the time (pardoning co-conspirators) and they accepted the risk. But they might not have miscalculated. We relevantly deviated with the 17th Amendment and Citizens United. Impeachment is much more likely without those. And more reps in the House. 020
Sam J. Merchant @sammerchant.bsky.social · 03/04/2026I haven’t followed this closely but, charitably, I originally credited the Corps for tipping people off. I’m not sure they can really prevent ICE creeping around outside? 100
Sam J. Merchant @sammerchant.bsky.social · 02/04/2026The key component I focus on is using this case to explore the lack of legal remedies for police misconduct, encouraging Foreman to resort to extralegal remedies. 010
Sam J. Merchant @sammerchant.bsky.social · 02/04/2026I wrote short piece on the bizarre Joseph "Afroman" Foreman case. The salacious details of the case draw people in, but getting past those we can use the case to explore, and convey to the public/students, some of the more serious constitutional questions from this saga. substack.com/home/post/p-...substack.comDark Comedy: Proportionality and the Bizarre Case of Joseph “Afroman” ForemanThere is no way to adequately prepare someone who is not already familiar with the details of this case. 141
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026I wish I had time to write it myself, but look into incorporating the Confederate Constitution. I see lots of parallels there. I redline the Confed. Const. here, making their changes jump out: cap-press.com/books/isbn/9...cap-press.comRevolution in Redline: The Iterative Journey of the U.S. ConstitutionRevolution in Redline: The Iterative Journey of the U.S. Constitution (9781531031756). Authors: Samuel Merchant. Carolina Academic Press 000
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026Real post from a trucker in rural Oklahoma. It’s a cult. 121
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026Gorsuch sounds like he’s ready to use it to show the absurdity of the SG’s position. So his expertise in one area significantly helps here. It will provide support for other justices as well. 080
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026I (and you) called this over a year ago, and I got caught in some Bluesky harassment tornado (I think from people who were afraid but don’t watch the Court closely): bsky.app/profile/samm... 2242
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026I was just about to post, Alito feeding Trump his tweets for later today. “Lunatics want Iranian terrorists we’re at war with to automatically be citizens!” 051
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026Zero interruptions to her response to JR’s question (like 3-4 mins!). Zero in response to EK’s. They let her completely finish. I’ve never seen that in such a big case, you expect to get interrupted. Devastating sign for Sauer/ Trump. 080
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026He’s apparently in the public area! At least when Biden was there for Jackson’s investiture, he sat on the right in the public area (based on easy secure exits). bsky.app/profile/smma... 010
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026I’ve heard her at a lot of oral args (in person and live audio) and I agree. I suspect that based on where she sits (left) and where friends of the justices sit (right), Trump has direct eye line. 110
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026Mine did on YouTube recast but court website is clear. 011
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026Depending on how devastatingly his args are rejected, I would fear for him going forward what I call the Aileen Cannon Canon of interpretation. If Judge Cannon agrees with you, you are almost certainly wrong. 051
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026BK apparently looking to apply strict textualism here. Which means the SG loses on many fronts. 000
Sam J. Merchant @sammerchant.bsky.social · 01/04/2026Roberts majority, long concurrence from NG (and others of course). 010
