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Walter Olson

@walterolson.bsky.social
28K followers 1.3K following 7.8K posts

Writer on law etc.; Cato Institute. Election law, Maryland civic stuff, cooking. Blogged at Overlawyered back when. No kings, no tyrants.

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Walter Olson @walterolson.bsky.social · 8h
And meanwhile -- surprise! -- Trump's comments today help to dig him deeper into a different hole of illegality (same NYT report)
Screenshot reading: "Mr. Trump’s claim in his social media post that he would pay for the ads “myself” through his super PAC is likely to add fodder to another formal complaint against the president.

A campaign watchdog group, the Campaign Legal Center, accused Mr. Trump of violating federal election laws by directing his super PAC in a complaint to the Federal Election Commission because of his previous claims to control the super PAC.

Mr. Trump has referred to the super PAC’s funds as “my money that I control” in the past.

Federal law bars federal office holders from directing spending decisions for a political organization with no contribution limits, such as a super PAC."
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Walter Olson @walterolson.bsky.social · 8h
I knew even less than I realized about it!
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Walter Olson @walterolson.bsky.social · 9h
David 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.au
New Zealand: Introduction (Part 1)
Selection effects all the way down
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Walter Olson @walterolson.bsky.social · 9h
Berry 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
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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."
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Walter Olson @walterolson.bsky.social · 9h
Berry: "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.
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Walter Olson @walterolson.bsky.social · 9h
But 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.
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Walter Olson @walterolson.bsky.social · 9h
Berry: "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."
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Walter Olson @walterolson.bsky.social · 9h
Along with @cato.org's amicus brief in the companion case of @aaup.org v. Department of Justice:
cato.org
American Association of University Professors v. Department of Justice
The 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...
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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.org
President and Fellows of Harvard College v. Department of Health and Human Services
At the heart of the First Amendment lies a simple rule: the government may not impose its preferred viewpoint on private parties.
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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.'"
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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."
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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.
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Walter Olson @walterolson.bsky.social · 9h
Thread 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."
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Walter Olson @walterolson.bsky.social · 10h
Just because the abuser stops hitting you for a minute doesn’t mean he’s not an abuser.
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Kathleen 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.com
Texas Pediatricians Face Paxton Investigations for Vaccinating Children
Ken 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.
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Patrick G. Eddington @pgeddington.bsky.social · 14h
After 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.app
cato.org
The Domestic-Foreign Electronic Surveillance Nexus
An expert panel will discuss these and related developments as well as their implications for the Fourth Amendment rights of Americans.
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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.com
Does Federal Preclearance of State Election Laws Make a Difference? Examining the Effects of Shelby on the Minority Voting Gap and Countermobilization
In Shelby County v. Holder (2013), the Supreme Court suspended federal preclearance restrictions on changes to election laws in several states with a history of
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Walter Olson @walterolson.bsky.social · 12h
Glad to see this progress.
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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.net
A Democratic Senate Should Adopt Secret Impeachment Ballots on a Priority Basis
Such a change, requiring no constitutional amendment, would free senators to vote their judgment instead of their fears
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Barbara Kaskosz @kaskosz.bsky.social · 19h
The 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.social
theatlantic.com
Using the Power of the Government to Win Elections
The Trump administration is breaking a fundamental promise of political impartiality.
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Paul Alan Levy @paulalanlevy.bsky.social · 19h
One 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 court
courtlistener.com
CourtListener
Create 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.
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Quillette @quillette.bsky.social · 04/10/2026
Chelsea 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.com
Life in The Grim Old Days
Chelsea Follett's new history shows how wretched life was before the industrial revolution, but our escape from it began long before the steam engine.
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Walter Olson @walterolson.bsky.social · 20h
In 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.com
The Supreme Court’s Realignment Roundup: October Term 2025
A 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.
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Walter Olson @walterolson.bsky.social · 20h
Regarding 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.org
Constitutional avoidance and the federal statutory ban on alien voting #ELB
Rick 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...
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Walter Olson @walterolson.bsky.social · 21h
Socialism in one country.
cato.org
Trump Administration's Equity Portfolio Reaches 34 Deals
The Pentagon’s new tungsten stake looks like a golden share.
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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.com
Immigrants Are Not Coming to Murder You
Part 2 of What People Really Care About When They’re Mad About Immigration
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Sam Bagenstos @sbagen.bsky.social · 05/10/2026
Scorching piece. firstbranchforecast.substack.com/p/whatever-i...
firstbranchforecast.substack.com
“Whatever it takes” for Russ Vought to Prevail
The Senate slinks into recess undermining the power of the purse, the Post’s nothingburger on member per diems, a model presentation on MCPs
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Greg Burke @gregoryburke.bsky.social · 03/10/2026
reason.com/2026/10/02/c...
reason.com
California 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.
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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. Watanabe
cato.org
Nielsen v. Watanabe Brief: The Constitution Is Enough to Sue Federal Agents
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. The People of today, heirs of that tradition...
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some-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…
Teaser:

New Jersey lawmakers have a novel answer to the complaint that small grocers miss out on supplier discounts: make sure nobody gets them. A new state law targets volume-based pricing deals, threatening antitrust liability for discounts that don’t pass a new, murky test. Supporters say it levels the playing field for independent grocers; critics see a war on the good deal, with consumers paying the price. Eric Fruits unpacks the economics, the legal echoes of Robinson-Patman, and why this Garden State experiment could chill pro-competitive pricing far beyond the produce aisle.

teaser for https://truthonthemarket.com/2026/10/01/the-garden-states-war-on-the-good-deal/
generated by deepseek/deepseek-v4-flash
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Ilya Somin @ilyasomin.bsky.social · 18/04/2026
I 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.com
Virginia's Unconstitutional Effort to Strip Tax Exemptions From Pro-Confederate Groups
The groups and their ideology are awful. But Virginia's policy violates the First Amendment.
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Walter Olson @walterolson.bsky.social · 04/10/2026
RFK 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.com
RFK 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.
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Andrea @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.com
Why You Must Care About the Ballroom
Trump is defying Congress and robbing the American people to build it.
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Eric Goldman @ericgoldman.bsky.social · 04/10/2026
Catching 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.com
Florida Files Lawsuit Against The New York Times
The 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.
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Donald Watson @donaldwatson.bsky.social · 28/09/2026
How does trade war with Canada hit Maryland, hon? Pretty hard, eh? marylandmatters.org/2026/09/27/h...
marylandmatters.org
How does trade war with Canada hit Maryland, hon? Pretty hard, eh? - Maryland Matters
The 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 ...
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Ilya Somin @ilyasomin.bsky.social · 02/10/2026
In 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.com
Justice Gorsuch on Abuse of Emergency Powers
In a recent speech, he decried a situation where "everything is an emergency."
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Mike Quigley @quigley.house.gov · 03/10/2026
The 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.com
Lawmakers call for action on ‘plainly illegal’ taxpayer-funded ads to promote Trump
House Democrats say officials may have illegally misused public funds to pay for president’s ‘narcissistic ego trips’
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Museum of Twitter @museum-of-twitter.bsky.social · 03/10/2026
@dhookstead

Did we cancel D-Day because of a little rough weather? No. Play the damn game.

Readers added context

D-Day was delayed by a day because of the weather
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Walter Olson @walterolson.bsky.social · 03/10/2026
NYT: "Trump personally instructed his budget director to use taxpayer money for TV ads praising him and his presidency."
nytimes.com
Trump Directed Use of Taxpayer Money for Ads Praising His Presidency
The government-funded ads show just how much President Trump has been able to use federal money for his own aims.
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Walter Olson @walterolson.bsky.social · 03/10/2026
One 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.org
Trump’s Crackdown on Dissent Comes for Minnesota Anti-ICE Organizers
Federal prosecutors charged 15 people with conspiracy, painting their political speech, protest activity, and alleged antifa ties as evidence of criminal wrongdoing.
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Walter Olson @walterolson.bsky.social · 03/10/2026
Minneapolis 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.com
Minneapolis 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.
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Walter Olson @walterolson.bsky.social · 03/10/2026
It'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.
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Walter Olson @walterolson.bsky.social · 03/10/2026
From 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.org
A Noncitizen Voting Ruling With Big Implications for the SAVE America Act
The 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...
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Andrew Donaldson @four4thefire.bsky.social · 03/10/2026
Tariffs are about power, not economics, a continuing series
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Monica @softtail65.bsky.social · 02/10/2026
Although you don't see these wins in the headlines, they are happening.
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Walter Olson @walterolson.bsky.social · 03/10/2026
Spaghetti squash topped with a Carol Field kale-walnut pesto. #Cooksky #FoodSky #BlueskySupperClub
Dish with spaghetti-like mass topped by nubbly green sauce.
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some-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…
Teaser:

A massive new study using over 900 million employer-employee records from Brazil’s entire formal workforce reveals a striking driver of upward mobility for the poor. The key? Working alongside high-wage colleagues. Tyler Cowen calls this one of the most important economics papers in years.

teaser for https://marginalrevolution.com/marginalrevolution/2026/08/important-results-on-economic-mobility.html?utm_source=rss&utm_medium=rss&utm_campaign=important-results-on-economic-mobility
generated by deepseek/deepseek-v4-flash
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University of Illinois College of Law @law.illinois.edu · 03/10/2026
Laws 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/4yV4XxZ
verdict.justia.com
One 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” Measure
UC 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....
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Rick Hasen @rickhasen.bsky.social · 29/09/2026
Counterpledge: “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.org
Counterpledge: "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.
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