Walter Olson @walterolson.bsky.social · 8hAnd meanwhile -- surprise! -- Trump's comments today help to dig him deeper into a different hole of illegality (same NYT report) 0397
Walter Olson @walterolson.bsky.social · 9hDavid Hackett Fischer (Albion's Seed) has a book out on New Zealand, reviewed and summarized here. (I don't know enough to judge the assertions made.)kvetch.auNew Zealand: Introduction (Part 1)Selection effects all the way down 260
Walter Olson @walterolson.bsky.social · 9hBerry concludes that given the stakes it's "surprising that the government sent a more junior lawyer...to argue against two former US Solicitors General. I am optimistic that the First Circuit will affirm the injunction preventing the government from denying funding on the basis of viewpoint." /end 081
Walter Olson @walterolson.bsky.social · 9h"The other two judges were harder to read & asked pointed questions of both sides. But Harvard will likely be encouraged by several Qs from Judge Gustavo Gelpi about shaping the scope of the terms of the injunction. Such issues would only be relevant if the injunction is affirmed at least in part." 170
Walter Olson @walterolson.bsky.social · 9hBerry: "Of the three judges on the panel, Judge Sandra Lynch was most clearly in favor of Harvard. She asked many pointed questions of the government's counsel" on the CFC theory and emphasized the ways academic freedom has been harmed by the federal actions. 150
Walter Olson @walterolson.bsky.social · 9hBut as Paul Clement and Elizabeth Prelogar argued, this case is fundamentally about constitutional law, not contract law. The Court of Federal Claims lacks jurisdiction to enjoin USG from future viewpoint-based denials of funding, which is the most important relief granted by the district court. 150
Walter Olson @walterolson.bsky.social · 9hBerry: "In today’s arguments, the gov't mainly attempted to sidestep the constitutional issue [arguing] that because Harvard is asking [for sums] owed under contracts for federal grants, the case belongs in the specialized Court of Federal Claims, which hears suits against the gov't for $ damages." 150
Walter Olson @walterolson.bsky.social · 9hAlong with @cato.org's amicus brief in the companion case of @aaup.org v. Department of Justice:cato.orgAmerican Association of University Professors v. Department of JusticeThe Trump administration has taken actions to withheld billions of dollars in contracts from Harvard University unless that institution both adopts governance structures approved by the administration... 180
Walter Olson @walterolson.bsky.social · 9h"@cato.org joined the @aclu.org and a broad coalition of civil liberties groups to file an amicus brief supporting Harvard in this appeal." You can read the Cato amicus brief here:cato.orgPresident and Fellows of Harvard College v. Department of Health and Human ServicesAt the heart of the First Amendment lies a simple rule: the government may not impose its preferred viewpoint on private parties. 1120
Walter Olson @walterolson.bsky.social · 9h"A federal district court previously ruled in Harvard’s favor, holding that the government’s actions violated the First Amendment because they were intended to 'force Harvard to better manifest the government’s favored worldview.'" 190
Walter Olson @walterolson.bsky.social · 9h"The administration has attempted to withhold billions of dollars in contracts from Harvard unless that institution both adopts governance structures approved by the administration and engages in affirmative efforts to promote viewpoints preferred by the administration." 1100
Walter Olson @walterolson.bsky.social · 9h"The outcome is not certain, but I'm optimistic that the court will affirm a lower-court ruling blocking the administration from denying funding on the basis of disfavored academic viewpoints," he writes. 1160
Walter Olson @walterolson.bsky.social · 9hThread from my colleague @thomasberry.bsky.social: "Today I was in the Boston federal courthouse to watch the First Circuit’s arguments in two companion cases challenging the Trump administration’s treatment of Harvard University." 1274
Walter Olson @walterolson.bsky.social · 10hJust because the abuser stops hitting you for a minute doesn’t mean he’s not an abuser. 214930
Reposted by Walter OlsonKathleen Bachynski @bachynski.bsky.social · 14h“She had planned to continue her practice for years to come. But… she has begun to reconsider amid the stress and legal costs of defending herself in a statewide investigation by Ken Paxton… who has accused doctors, drug companies and insurers of conspiring to push parents into vaccinating children”nytimes.comTexas Pediatricians Face Paxton Investigations for Vaccinating ChildrenKen Paxton, the Texas attorney general and Republican Senate candidate, has alleged a sprawling profit-driven conspiracy. Pediatricians say the accusations are an attempt at intimidation. 14926
Reposted by Walter OlsonPatrick G. Eddington @pgeddington.bsky.social · 14hAfter a hiatus in 2025, Cato #Surveillance Week is back: October 12-15, one panel per day at 1pm ET beginning one week from today. Online exclusively. Registration open now. @lindseywilkinson.bsky.social @davidcorn.bsky.social @adamkeiper.com @adamgurri.liberalcurrents.com @elfprince13.mumak.appcato.orgThe Domestic-Foreign Electronic Surveillance NexusAn expert panel will discuss these and related developments as well as their implications for the Fourth Amendment rights of Americans. 056
Walter Olson @walterolson.bsky.social · 11h"The end of federal preclearance [in Shelby County v. Holder (2013)] does not appear to have detrimental effects on minority voter turnout or registration." [Brendan Cirillo and Jeff Milyo, SSRN]papers.ssrn.comDoes Federal Preclearance of State Election Laws Make a Difference? Examining the Effects of Shelby on the Minority Voting Gap and CountermobilizationIn Shelby County v. Holder (2013), the Supreme Court suspended federal preclearance restrictions on changes to election laws in several states with a history of 022
Walter Olson @walterolson.bsky.social · 17h"South Korea has already run the experiment. Its law requires the National Assembly to vote on presidential impeachment by anonymous ballot, and that rule has now removed two presidents." [@andycraig.bsky.social]theunpopulist.netA Democratic Senate Should Adopt Secret Impeachment Ballots on a Priority BasisSuch a change, requiring no constitutional amendment, would free senators to vote their judgment instead of their fears 9482176
Reposted by Walter OlsonBarbara Kaskosz @kaskosz.bsky.social · 19hThe principle that government ought to be administered for the benefit of all citizens, not on behalf of one political party, lies at the core of America’s democracy. The Trump administration couldn’t care less. It sees the government as a tool to protect its reign. @rosenzweigp.bsky.socialtheatlantic.comUsing the Power of the Government to Win ElectionsThe Trump administration is breaking a fundamental promise of political impartiality. 0219
Reposted by Walter OlsonPaul Alan Levy @paulalanlevy.bsky.social · 19hOne of my longtime grievances about media stories about decisions, and about allegations and denials in the course of litigation, fail to link to the underlying documents. Especially when in federal court, where CourtListener.com makes access easy. Harder here, where cases are in NY State courtcourtlistener.comCourtListenerCreate alerts, search for and browse the latest case law, PACER documents, judges, and oral arguments. Updated automatically with the latest court documents. An initiative of Free Law Project. 08016
Reposted by Walter OlsonQuillette @quillette.bsky.social · 04/10/2026Chelsea Follett's new history shows how wretched life was before the industrial revolution, but our escape from it began long before the steam engine.quillette.comLife in The Grim Old DaysChelsea Follett's new history shows how wretched life was before the industrial revolution, but our escape from it began long before the steam engine. 053
Walter Olson @walterolson.bsky.social · 20hIn a realignment underway for some years now, "legal views once associated with the right are now being espoused by the left, and vice versa." @richardre.bsky.social traces that trend through the past high court term on originalism, substantive due process, standing, use of foreign law, and more.blog.dividedargument.comThe Supreme Court’s Realignment Roundup: October Term 2025A legal realignment has been underway for some years now, in that legal views once associated with the right are now being espoused by the left, and vice versa. 133
Walter Olson @walterolson.bsky.social · 20hRegarding the court decision striking down the federal ban on noncitizen voting as inconsistent with the Voter Qualifications Clauses, @derektmuller.bsky.social says there may be a saving construction that upholds the law as a reinforcement of states' existing laws to the same effect.electionlawblog.orgConstitutional avoidance and the federal statutory ban on alien voting #ELBRick H. links to the Reuters story about a federal district court finding a ban on alien voting unconstitutional. The underlying opinion is here. Back in 2013 (!), I wondered whether this statute migh... 022
Walter Olson @walterolson.bsky.social · 21hSocialism in one country.cato.orgTrump Administration's Equity Portfolio Reaches 34 DealsThe Pentagon’s new tungsten stake looks like a golden share. 194
Walter Olson @walterolson.bsky.social · 22h“Crime rates do not matter, only the raw number of crimes and the harm caused by those crimes,” claims Trump appointee and former Virginia AG Ken Cuccinelli, denouncing crime by illegal immigrants. If you, like Cuccinelli, believe crime rates don't matter, Alex Nowrasteh would like a word with you.alexnowrasteh.comImmigrants Are Not Coming to Murder YouPart 2 of What People Really Care About When They’re Mad About Immigration 0194
Reposted by Walter OlsonSam Bagenstos @sbagen.bsky.social · 05/10/2026Scorching piece. firstbranchforecast.substack.com/p/whatever-i...firstbranchforecast.substack.com“Whatever it takes” for Russ Vought to PrevailThe Senate slinks into recess undermining the power of the purse, the Post’s nothingburger on member per diems, a model presentation on MCPs 0207
Reposted by Walter OlsonGreg Burke @gregoryburke.bsky.social · 03/10/2026reason.com/2026/10/02/c...reason.comCalifornia lawmakers passed a pension bomb. Newsom was right to veto it.Newsom vetoed a bill (Assembly Bill 1383) that would have obliterated one of Jerry Brown's signature legislative victories: pension reform. 131
Walter Olson @walterolson.bsky.social · 04/10/2026"Bivens was never necessary in the first place. The People who adopted the Constitution knew that money damages were available from those who wronged them, even if they worked for the federal government." Matthew Cavedon on Cato brief in Nielsen v. Watanabecato.orgNielsen v. Watanabe Brief: The Constitution Is Enough to Sue Federal AgentsThe People who adopted the Constitution knew that money damages were available from those who wronged them, even if they worked for the federal government. The People of today, heirs of that tradition... 1133
Reposted by Walter Olsonsome-rss-feeds.bsky.social @some-rss-feeds.bsky.social · 01/10/2026[some-subscribed-rss] New Post: The Garden State’s War on the Good Deal, by Eric Fruits truthonthemarket.com/2026/10/01/the… 021
Reposted by Walter OlsonIlya Somin @ilyasomin.bsky.social · 18/04/2026I hate the Confederacy and all it stood for, and have no sympathy for its modern apologists. But Virginia's new law stripping tax exemptions from pro-Confederate groups violates First Amendment, and could set a dangerous precedent. See my linked post for details: reason.com/volokh/2026/...reason.comVirginia's Unconstitutional Effort to Strip Tax Exemptions From Pro-Confederate GroupsThe groups and their ideology are awful. But Virginia's policy violates the First Amendment. 3256
Walter Olson @walterolson.bsky.social · 04/10/2026RFK Jr. is a professed admirer of what AI can do in health care, so @citizencohn.bsky.social asked Claude and three other AI assistants to evaluate four of the wayward heir's pronouncements on vaccines. None of them rated any of the claims as true.thebulwark.comRFK Jr. Wants to AI-ify Health Care. Claude Says He’s Full of Sh*t.Kennedy is suddenly bullish on artificial intelligence—so we asked some AI assistants to rate his vaccine claims. 2305
Reposted by Walter OlsonAndrea @andreakremer.bsky.social · 04/10/2026“If a president can both spend money Congress refused to give him and refuse to spend money Congress ordered him to spend, Congress no longer has the spending power because the president has arrogated it to himself.” This piece is a must-read. www.thebulwark.com/p/why-you-mu...thebulwark.comWhy You Must Care About the BallroomTrump is defying Congress and robbing the American people to build it. 14218
Reposted by Walter OlsonEric Goldman @ericgoldman.bsky.social · 04/10/2026Catching up on this: www.nytimes.com/2026/09/23/b... My view: it is presumptively censorial when a government official demands an examination of a newspaper's editorial processes to identify possible editorial bias papers.ssrn.com/sol3/papers....nytimes.comFlorida Files Lawsuit Against The New York TimesThe state’s attorney general demanded access to company records to examine how the newspaper’s board oversees editorial standards amid claims of anti-Israel bias. 22113
Reposted by Walter OlsonDonald Watson @donaldwatson.bsky.social · 28/09/2026How does trade war with Canada hit Maryland, hon? Pretty hard, eh? marylandmatters.org/2026/09/27/h...marylandmatters.orgHow does trade war with Canada hit Maryland, hon? Pretty hard, eh? - Maryland MattersThe escalating trade war between the United States and Canada also means an escalating trade war with one of Maryland’s biggest trading partners, with the state sending $2.2 billion in goods north in ... 063
Reposted by Walter OlsonIlya Somin @ilyasomin.bsky.social · 02/10/2026In this post, I discuss Justice Gorsuch's well-taken recent warning against abuse of executive emergency powers, and how strong judicial review can help deal with this problem: reason.com/volokh/2026/...reason.comJustice Gorsuch on Abuse of Emergency PowersIn a recent speech, he decried a situation where "everything is an emergency." 3216
Reposted by Walter OlsonMike Quigley @quigley.house.gov · 03/10/2026The White House stole official government funds to create and televise a campaign advertisement, right before the midterm election. If Democrats take control of the House next year, the Appropriations Committee and I are ready to undo this waste, fraud, and abuse, and hold people accountable.theguardian.comLawmakers call for action on ‘plainly illegal’ taxpayer-funded ads to promote TrumpHouse Democrats say officials may have illegally misused public funds to pay for president’s ‘narcissistic ego trips’ 45902188
Walter Olson @walterolson.bsky.social · 03/10/2026NYT: "Trump personally instructed his budget director to use taxpayer money for TV ads praising him and his presidency."nytimes.comTrump Directed Use of Taxpayer Money for Ads Praising His PresidencyThe government-funded ads show just how much President Trump has been able to use federal money for his own aims. 02210
Walter Olson @walterolson.bsky.social · 03/10/2026One indicted Macalester prof, on Signal, allegedly urged people who knew organizers to "ask them to focus on Whipple and not downtown". Another was allegedly "helping to maintain a database of license plate numbers belonging to vehicles used by ICE." [@elizabethweill.bsky.social @theappeal.org]theappeal.orgTrump’s Crackdown on Dissent Comes for Minnesota Anti-ICE OrganizersFederal prosecutors charged 15 people with conspiracy, painting their political speech, protest activity, and alleged antifa ties as evidence of criminal wrongdoing. 1458
Walter Olson @walterolson.bsky.social · 03/10/2026Minneapolis prosecution: "'I seem to be indicted for holding meetings,' one defendant told the judge... As The Verge summarized the indictment, 'the DOJ is trying to punish people for trailing ICE officers—and if it succeeds, other activists could be next.'" [@ericboehm87.bsky.social, @reason.com]reason.comMinneapolis activists used encrypted group chats to outmaneuver ICE. Now the feds want to prosecute them."I think courts are going to be very suspicious of how broad this is," one Minnesota lawyer tells Reason. 18132
Walter Olson @walterolson.bsky.social · 03/10/2026It's fantastic with regular pasta, too. We adapted this time by cooking the kale a bit to tenderize and by substituting anchovy for the Parmesan. 010
Walter Olson @walterolson.bsky.social · 03/10/2026From colleague Stephen Richer: a judge has struck down the federal law against noncitizen voting on the grounds that the Constitution bases federal voting eligibility on the standard states use for their legislatures. (In practice, be it noted, every state bans noncitizen voting.)cato.orgA Noncitizen Voting Ruling With Big Implications for the SAVE America ActThe ruling poses a more fundamental constitutional question: When Congress protects federal elections, where does regulation of the election process end and federal control over voter qualifications b... 0216
Reposted by Walter OlsonAndrew Donaldson @four4thefire.bsky.social · 03/10/2026Tariffs are about power, not economics, a continuing series 1199
Reposted by Walter OlsonMonica @softtail65.bsky.social · 02/10/2026Although you don't see these wins in the headlines, they are happening. 10447164
Walter Olson @walterolson.bsky.social · 03/10/2026Spaghetti squash topped with a Carol Field kale-walnut pesto. #Cooksky #FoodSky #BlueskySupperClub 1261
Reposted by Walter Olsonsome-rss-feeds.bsky.social @some-rss-feeds.bsky.social · 27/08/2026[some-subscribed-rss] New Post: Important results on economic mobility, by Tyler Cowen marginalrevolution.com/marginalrevo… 022
Reposted by Walter OlsonUniversity of Illinois College of Law @law.illinois.edu · 03/10/2026Laws have recently been passed in multiple states to provide redress for those who have had their constitutional rights abridged by federal officials. In a new column at Justia Verdict, Professors Jason Mazzone and Vikram Amar examine new laws in this area from California. ▶️ bit.ly/4yV4XxZverdict.justia.comOne Step Forward and Two Steps Back: The California Legislature’s Passage of the “No Kings” Act, the “Get the Feds Out” Act, and the “Shock Gloves” MeasureUC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone discuss three recent California legislative measures aimed at federal law enforcement: a “converse-1983” civil rights.... 0104
Reposted by Walter OlsonRick Hasen @rickhasen.bsky.social · 29/09/2026Counterpledge: “We match donors from opposite sides of the Texas Senate race. Matched dollars skip the campaigns and go to charity. Anything unmatched goes to your candidate, as it would have anyway.” electionlawblog.org/2026/counter...electionlawblog.orgCounterpledge: "We match donors from opposite sides of the Texas Senate race. Matched dollars skip the campaigns and go to charity. Anything unmatched goes to your candidate, as it would have anyway."...Fascinating. 052