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Sam Bagenstos

@sbagen.bsky.social
35K followers 2.5K following 4.4K posts

Personal account. Personal views. Frank G. Millard Professor of Law, University of Michigan Law School & Arlene Susan Kohn Professor of Social Policy, University of Michigan Ford School of Public Policy. Former General Counsel, HHS and OMB.

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Sam Bagenstos @sbagen.bsky.social · 27m
"Kennedy is consistently, relentlessly dishonest." A banger from @benecal.bsky.social www.medpagetoday.com/opinion/seco...
medpagetoday.com
Opinion | Lessons From a Year of RFK Jr. Disinformation
His lies hide an ugly political agenda that is disastrous for public health
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Don Moynihan @donmoyn.bsky.social · 02/10/2026
Trump wants to do something illegal with taxpayer money, like not spend it for an appropriated purpose, withhold it from blue states, or spend it for a non-appropriated purpose, who does he turn to? Russ Vought and OMB General Counsel Mark Paoletta, who raid the DHS piggybank.
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Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 02/10/2026
Notice how they also brag about the number of naturalizations having plummeted; a sign of how much they detest legal immigration. /also, the removals number is largely fake. The actual number is 650-700k.
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Razzball @razzball.bsky.social · 02/10/2026
Announcing the merger with Titanic footage is an incredible bit
David Ellison • @ellisonskyd... 2h
What once was the peak, is now just the beginning.
Paramount and Warner Bros. shaped over a century of culture. By combining them, we aren't rewriting history — we're equipping these iconic studios with a more powerful engine. Together, we are Skydance: a creative-first ho Show
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Sam Bagenstos @sbagen.bsky.social · 02/10/2026
Really good piece from @jamesgoodwin.bsky.social and Wendy Wagner on Suncor and the importance of federalism -- and state-court litigation -- to democracy's fight against authoritarianism. www.lawfaremedia.org/article/the-...
lawfaremedia.org
The Next Anti-democratic Threat From the Supreme Court
Industry-backed preemption arguments in the climate deception case threaten the federalism safeguards that check an imperial presidency.
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Leah Litman @leahlitman.bsky.social · 02/10/2026
Check out my piece in the @contrariannews.org talking about what’s going on at SCOTUS - and what’s on tap… www.contrariannews.org/p/next-on-th...
contrariannews.org
Next on the Docket: Dismantling Democracy
The Supreme Court is enabling Trump’s corruption while also doing the kind of institutional damage that will long outlast him.
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Professa Murray @kalimurray.bsky.social · 02/10/2026
Russell Vought: Ignoring Congress on Appropriations “ultimately leads to a partisan coalition rather than a bipartisan coalition.” It is not a coalition: an unelected bureaucrat is ignoring Congressional directive on appropriations. That’s all: no legitimacy or democratic coalition involved.
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Don Moynihan @donmoyn.bsky.social · 02/10/2026
Rare you get live visuals of state capture.
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Sam Bagenstos @sbagen.bsky.social · 02/10/2026
For a long time, I've been convinced that Todd Rundgren both makes terrific music and has absolutely shit views of others' music.
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Sam Bagenstos @sbagen.bsky.social · 02/10/2026
Maybe not the headline Trump wants a month before the midterms? www.nytimes.com/live/2026/10...
nytimes.com
Live Updates: Job Growth Cools and Unemployment Ticks Higher
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Sam Bagenstos @sbagen.bsky.social · 02/10/2026
Really important post by @datahistorian.bsky.social about the Trump Administration's threat (once again) to the census. donmoynihan.substack.com/p/the-2030-c...
donmoynihan.substack.com
The 2030 Census is in Trouble
Trump wants to add a citizenship question and ban questions on race
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Sam Bagenstos @sbagen.bsky.social · 02/10/2026
More confirmation that the Trump Administration is staying underground with its anti-abortion plans until after the midterms. www.washingtonsun.com/campaigns/ab...
washingtonsun.com
White House Officials Told the DOJ to Delay Action on Abortion Ahead of the Midterms
Attorney General Todd Blanche has moved slowly in abortion pill litigation and department officials have told advocates to wait until after the election.
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Sam Bagenstos @sbagen.bsky.social · 02/10/2026
This John Halpin piece underscores my view that a meaningful public option is going to be table stakes for Dems in health care as we move toward 2028. I’d argue we need to do more, but that’s gonna be the baseline. open.substack.com/pub/freeagen...
open.substack.com
The Biggest Hole in the American Health Care System
The options are unaffordable and unattractive for those without employer-sponsored or government-provided coverage.
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Sam Bagenstos @sbagen.bsky.social · 02/10/2026
Not just you.
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Whitney Curry Wimbish @whitneycwimbish.bsky.social · 02/10/2026
This is part of the regime's attempt to crush organized labor and replace unionized TSA workers with contractors. They tried to eliminate workers bargaining rights last year, then forced them to work through the shutdown w/o pay for more than a month, and now this.
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Christine Kexel Chabot @kexelchabot.bsky.social · 01/10/2026
Trump v. Slaughter rests on a deeply flawed theory of democracy and demonstrably erroneous history. Nor is there a workable limit for the bright line rule articulated in the case. See Trump v. Cook. Trump v. Slaughter should be read as narrowly as possible and ultimately overruled.
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Christine Kexel Chabot @kexelchabot.bsky.social · 01/10/2026
Since when is it anti-democratic for a President to abide by the terms of a federal statute? @leahlitman.bsky.social @profmmurray.bsky.social @kateshaw.bsky.social have an important new paper highlighting slippery slope problems presented by the strong form of UET: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Is the Unitary Executive Democratic or Autocratic Governance?
This essay examines whether the unitary executive theory provides for democratic or autocratic governance. It argues that the unitary executive theory's underly
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Sam Bagenstos @sbagen.bsky.social · 01/10/2026
Nice to see key Senate Dems introducing a bill to punish Trump for violating the prohibition on using government funds for propaganda. The bill would cut OMB's budget by $20M for each violation found by GAO. Soon to ride on an approps bill near you? www.appropriations.senate.gov/imo/media/do...
appropriations.senate.gov
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Don Moynihan @donmoyn.bsky.social · 01/10/2026
America today is a country where regulators won't allow private companies to air interviews of the opposition on TV, but declare that taxpayer funded propaganda is fine.
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Sam Bagenstos @sbagen.bsky.social · 01/10/2026
Just tore through Gouged by @lindsayowens.bsky.social . If you care about affordability, you should read this book to see a whole bunch of ways businesses scheme to charge you more and pay you less. Some of it's already illegal, lots of it should be. bookshop.org/p/books/goug...
bookshop.org
Gouged: The End of a Fair Price--and What That Means for Your Wallet
“A thrilling true crime story about how the largest corporate monopolies in America have hatched a scheme to pick our pockets. Gouged is the book corporate America does not want you to read.”—Robert B...
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Sam Bagenstos @sbagen.bsky.social · 01/10/2026
Wherein @paulwaldman.bsky.social reminds us of Nancy Pelosi's greatest moment. paulwaldman.substack.com/p/stop-tryin...
paulwaldman.substack.com
Stop Trying to Make Rahm Emanuel Happen
Elite political reporters are eager to boost his presidential bid. But there has seldom been a candidate more poorly suited to a historical moment.
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Public Administration @journalpa.bsky.social · 28/09/2026
"From Civic Tech to DOGE: The Role of Tech Movements in the American Administrative State," by Donald Moynihan argues that civic tech and DOGE represent contrasting approaches to technology-driven government reform. doi.org/10.1111%2Fpa...
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Sam Bagenstos @sbagen.bsky.social · 01/10/2026
Not only do I know the answer to this, but I used to live on the same block he once lived on in St. Louis. (He lived there way before my time!) (Trivia question from the New Republic's indispensable Blue Book newsletter.)
An actually smart Missouri senator, a Democrat, was known as a vocal foe of Joseph McCarthy; was the first secretary of the Air Force; and refused to speak to segregated audiences in the Southern U.S. during a brief presidential run in 1960. Who was he?
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TPM @talkingpointsmemo.com · 01/10/2026
In order to execute their illegal pocket rescission scheme, the Trump White House is breaking federal laws, “openly saying that they did illegal activities to get here,” experts tell TPM.
talkingpointsmemo.com
Russ Vought Insists He Has a Neat Trick to Override Congress. It’s More ‘a Confession,’ Experts Say
Following a failed bid by Senate Democrats to block it, President Donald...
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Sam Bagenstos @sbagen.bsky.social · 01/10/2026
My non-legal, non-political thought for the day: People don't talk enough about what a great drummer Mitch Mitchell was.
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Aaron Rupar @atrupar.com · 01/10/2026
New in PN: Scenes from a personality cult "The ads are unambiguously illegal — & that’s the point. Again & again, this regime has broken the law not just to accomplish some immediate goal, but as a dominance display to say to everyone: Donald Trump does whatever he wants, & nobody can stop him."
publicnotice.co
Scenes from a personality cult
Trump’s taxpayer-funded agitprop is clearly illegal — and that’s the point.
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Sam Bagenstos @sbagen.bsky.social · 01/10/2026
Really important coverage of Trump's move backwards on disability rights. www.npr.org/2026/10/01/n...
npr.org
Trump administration reverses stance on integration of people with disabilities
Disability rights advocates are angered by the latest reversal but are rallying behind proposed legislation and working with states to strengthen protections for community integration.
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Sam Bagenstos @sbagen.bsky.social · 01/10/2026
Little known fact: Warren Burger was responsible for bringing the band Cake together. prawfsblawg.com/what-short-s...
prawfsblawg.com
What Short Skirt?
I started listening to the oral argument in Frontiero v. Richardson. In those days, the argument audio picked up some of the chit-chat among the Justices on the bench. At the start, you can clearly…
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Sam Bagenstos @sbagen.bsky.social · 01/10/2026
Brutal, but no lies detected.
The parachute candidate
Given Hines’ deep roots in the district, Bouchard’s anti-socialism ad carries a bit of irony: Playing on his very commendable Army service, the ad shows Bouchard doing a parachute jump – not unlike his landing in the 10th District, which is a new place of residence for the son of longtime Oakland County Sheriff Michael Bouchard.
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Sam Bagenstos @sbagen.bsky.social · 01/10/2026
Exactly.
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Sam Bagenstos @sbagen.bsky.social · 30/09/2026
This was super fun.
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Dave Weigel @daveweigel.bsky.social · 30/09/2026
I think a lot about Biden/Garland keeping David Weiss on as US Attorney, because they didn't want to meddle with the Hunter probe. And then Garland elevating Weiss to special counsel so he could convict Hunter. And this having ZERO IMPACT on the GOP certainty that Biden was rigging the DOJ
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Sam Bagenstos @sbagen.bsky.social · 30/09/2026
"It was odd to hear Kennedy complain about 'perverse incentives' at the end of a summit that amounted to one big shakedown of corporations seeking favorable government treatment." Nice piece by @danamilbank.bsky.social www.washingtonsun.com/perspectives...
washingtonsun.com
RFK Jr. Just Exposed a Fraudster — And It Is Him
He said he would end “corporate capture.” Now his MAHA movement is for sale.
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Eric Columbus @ericcolumbus.bsky.social · 30/09/2026
Not a great sign when your 12-person private fundraiser includes someone who hates you enough to leak damaging audio
The audio of Mr. Paxton was shared with The Times by an attendee who recorded him speaking at a private fund-raiser in Washington attended by roughly a dozen people. The person, who opposes Mr. Paxton’s campaign and provided the recording to The Times, was granted anonymity because Mr. Paxton’s remarks were private.
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Matt Cameron @mattcameron.bsky.social · 30/09/2026
also not getting enough attention: these texts are between one of the lawyers on Jack Smith's team and a US Marshall tasked with keeping people fueled by Republican conspiracy theories from murdering Jack Smith in public because he tried to prosecute the president for crimes that he did
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Lauren 🎃'Neal @laurenoneal.bsky.social · 30/09/2026
I was told there was nothing more sacred to these people than women's sports.
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Brett "Solidarity 2026" Banditelli @banditelli.org · 29/09/2026
If we can auto enroll every child into Trump accounts we can auto enroll every child into Medicare is the easiest layup of 2029.
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Prof Gavin Yamey MD MPH @gavinyamey.bsky.social · 29/09/2026
The MAGA/MAHA Administration really loves to censor science www.medpagetoday.com/washington-w...
medpagetoday.com
Trump Administration Suppressed USPSTF Recommendations
Group's recommendations on cervical cancer screening, cardiovascular prevention were blocked
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Ben Collins @bencollins.bsky.social · 29/09/2026
Gobsmacked by the elite levels of not knowing ball in the Senate today, thinking an NBA team is called the Hawkeyes then, refusing to Google it, then accusing a guy of treason because you didn’t know the Iowa Lady Hawkeyes aren’t in the NBA. Somehow I don’t trust these people to Save Girls Sports.
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Josh Marshall @joshtpm.bsky.social · 29/09/2026
omg. yes, they actually have video of him at the game. when does marshall mcluhan walk out and dunk on sen schmitt?
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Hannah Walser @hkpmw.bsky.social · 29/09/2026
If “irreparable harm” means anything, it means being sent to a country you’ve never seen, where you may well be imprisoned, tortured, or killed, under a policy that (the cert grant implicitly acknowledges!) may well be illegal
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David Kaye @davidakaye.bsky.social · 29/09/2026
reminder that we are talking about this
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David Kaye @davidakaye.bsky.social · 29/09/2026
it's evidently too much to ask the rw justices to consider the irreparable harm to individuals treated to such inhumanity. they are complicit in this criminality. shame on all six of them. and shame on us for having a system that allows this illegality.
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Sam Bagenstos @sbagen.bsky.social · 29/09/2026
Walking home, listening to someone blasting Main Street by Bob Seger. Ann Arbor, man.
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Rebecca Dean @rmdean.bsky.social · 29/09/2026
This and Klobuchar's (honestly, pretty funny) follow-up is, indeed, "extremely weird shit"
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Sam Bagenstos @sbagen.bsky.social · 29/09/2026
My god, this thread. This is like the "I see you wear glasses" scene from My Cousin Vinny. (Yes, I'm old.)
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Jay Willis @jaywillis.net · 29/09/2026
Wrote about the decline and fall of SCOTUSblog, which used to be the single best resource for Supreme Court stuff, and (thanks to some intervening crimes committed by its co-founder) is now a weird platform for conservative pundits to talk about what a good job the conservative justices are doing
slate.com
It Was the Essential Home of Supreme Court News. Now It’s a Joke. What Happened?
How high-stakes poker brought down a pillar of Supreme Court coverage.
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Sam Bagenstos @sbagen.bsky.social · 29/09/2026
Wherein my disability law world collides with my appropriations law world. “A Massive Power Grab”: White House Proposal Threatens Funding That Helps Disabled Americans Vote www.propublica.org/article/disa...
propublica.org
This White House Plan Threatens Funding That Helps Disabled Americans Vote
A new rule from the Office of Management and Budget would prohibit anyone from using federal grant money for voter registration drives. It’s part of the Trump administration’s broader efforts to restr...
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Sam Bagenstos @sbagen.bsky.social · 29/09/2026
A really good piece on Trump's illegal taxpayer-paid campaign ads. www.thebulwark.com/p/congratula...
thebulwark.com
Congratulations, You’re a Trump Campaign Donor
Your tax dollars are funding his TV ads. And the White House says you should be proud to pay.
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Eric Columbus @ericcolumbus.bsky.social · 29/09/2026
Trump now argues that “his supporters will be deterred from contributing to the [Kennedy] Center if his name is removed.” This is the good stuff: pure, unadulterated horseshit.
Plaintiff's alleged harms pale in comparison to the real harms on the other
side of the ledger. For one, the absence of a recognition to President Trump
threatens to impede the Center's fundraising efforts and contribute to the financial decline of the Center. As the Center's Executive Director explained, the President has been a central force in the Center's current fundraising efforts,
but his supporters will be deterred from contributing to the Center if his name is removed. See ECF No. 47-1 at 2. This loss of fundraising time and potential is also definitionally irreparable, and the public interest weighs in favor of an
economically viable Center.
Again, the district court erred in concluding
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