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Профиль

Dan Farbman

Профиль Vively

Law Professor at BC Law, Historian of social movements and local government. Writing a book about Abolitionist Lawyering.

MAKE THE LEAST DANGEROUS BRANCH GREAT AGAIN!!

Leah Litman

WOW: Jodi Kantor & Adam Liptak have the memos that describe the origins of SCOTUS shadow docket - the 2016 order halting Obama’s Clean Power Plan @jodikantor.bsky.social @adamliptak.bsky.social @nytimes.com www.nytimes.com/2026/04/18/u...

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Mild take: disbarment is actually a very limited punishment for seeking to subvert the project of multiracial democracy through lies, subversion, and bad faith.

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Did Vance convert just so he could claim he invented Protestantism?

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Most originalists will argue loudly that Dred Scott is not “good” originalism. (Which, of course Taney did not know about “fixation” or whatever.) But little by little these goons seem committed to rebuilding Taney’s vision of the Constitution.

Jake Charles

NEW: 6th Cir upholds the fed law barring undocumented immigrants from having guns. What's shocking, though, is Judge Thapar's separate opinion arguing that noncitizens lack not only 2nd Am rights, but likely 1st, 4th & other const'l rights! 🧵 www.opn.ca6.uscourts.gov/opinions.pdf...

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The angels appear to be ICE Agents? Amazing. Real 1850s white baptists arguing that slavery was a divine institution vibes... www.google.com/books/editio...

Forging a Christian OrderA significant contribution to the historiography of religion in the U.S. south, Forging a Christian Order challenges and complicates the standard view that eighteenth-century evangelicals exerted both...www.google.comAdam Serwer

Trump is running an interesting experiment in how many self-identified Christian Americans have actual religious commitments and how many are just into it because it provides a means for the socially defensible expression of bigotry bsky.app/profile/bria...

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This from Philip Hamburger seems slightly more careful and measured than other originalist salvos against birthright citizenship. That said, it reveals the extent to which originalism is a quibblers game--and a truly unappealing way to think about our fundamental law. lawliberty.org/allegiance-b...

Allegiance, Birthright, and Citizenship – Philip HamburgerThe justices need to understand the full range of considerations underlying Trump v. Barbara.lawliberty.org
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The Red Sox are abject. What a bummer.

010

This is characteristically thoughtful and wise. Two gentle quibbles: 1)Steve seems to accept that GOOD history might give us better answers, but I think folks like Jonathan Gienapp have shown us that good history shows us that good history shows us that originalism asks bad questions.

Steve Vladeck

"Academic freedom protects scholars’ right to challenge the orthodoxy; it doesn’t insulate them from charges of bad faith in doing so. But the problem here is one of both supply *and* demand. And ... #SCOTUS bears at least some responsibility for the latter." Me in today's issue of "One First":

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I've been musing over our latest outbreak in the originalism wars, and what came out was an Emersonian polemic. You can take a look over at @hashtagblevin.bsky.social and my newsletter if you are interested. open.substack.com/pub/postcard...

An Originalist Relation to the UniverseAn Emersonian Polemicopen.substack.com
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Periodic reminder that the 14th Amendment was, among other things, an armistice pact. It is insufficiently radical on some points (land reform, substantive racial equality), but it is also muscularly categorical on others. It should, at a minimum, always be read as a rejection of the Confederacy.

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This essay is, indeed, excellent. Essential to the argument is that the horror of Dred Scott is a horror of statelessness and subordination that is inclusive of slavery, but that goes further. Beyond the scholastic quibbling of the revisionists--the desire to make babies stateless is abhorrent.

Anthony Michael Kreis

“In the face of this sudden burst of revisionism [scholars] on both the left and right have stood up to defend the traditional view and bring the weight of generations of scholarship to bear on the question. Their conclusion is the same as those who came before them.” www.nytimes.com/2026/04/01/o...

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Would be hilarious if Trump just went unhinged pro-se while he’s at the Court tomorrow.

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Just taught SFFA and was again blown away by how stupid the whole conversation about the "sunset" argument is. Apart from everything else, 20 years is only 80% of 25 years. Kavanaugh's smug sermonizing about it is so depressingly dishonest.

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