Stephen E. Sachs
@stephenesachs.bsky.social
Antonin Scalia Professor of Law, Harvard Law School
stevesachs.com
Stephen Edward Sachs is an American legal scholar who is the Antonin Scalia Professor of Law at Harvard Law School. He is a scholar of constitutional law, civil procedure, conflict of laws, and originalism. .. more
Political science
46%
Law
25%
Pinned
Now online:
A new amicus brief by @williambaude.bsky.social and me, filed today in the Supreme Court in Galette v. New Jersey Transit Corp., on sovereign immunity and the "arm of the State" doctrine:
www.supremecourt.gov/DocketPDF/24...
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A new amicus brief by @williambaude.bsky.social and me, filed today in the Supreme Court in Galette v. New Jersey Transit Corp., on sovereign immunity and the "arm of the State" doctrine:
www.supremecourt.gov/DocketPDF/24...
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States make separate public corps for the same reasons private corps make subsidiaries: to move risks into separate baskets, w/separate debts and subject to separate judgments. If a suit isn't going to bind the State, there's no reason for immunity! 5/
TL;DR: Sovereign immunity is for sovereigns. The immunity retained at the Founding was specifically for States, not corporations; the very thing States were worried about in Chisholm was being treated like corporations!
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Does NJ Transit, a separate public corporation, get the same sovereign immunity as the State of New Jersey? We say no.
From the summary of argument:
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From the summary of argument:
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The point here isn't to shape the electorate one way or another, but to deal with the giant problem in front of us (23% of the electorate lacking representation) rather than edge cases, and to take any other aspect of the voting system as one finds it
But if the reason is both of these at once, or some other idea that membership in the political community is a prerequisite for being heard in its councils, then there's no proper proxy for a citzen child who lacks one citizen parent. I imagine you disagree with some of these reasons, which is fine!
If the reason is that citizenship is *merely* a test for whether your interests ought to be taken into consideration, then presumably we ought to let noncitizen parents vote for their citizen children, because the latter's interests do count, and the former are capable of representing them
If the reason is that citizenship is *merely* a proxy for knowledge/alignment of interests, then presumably we ought to let citizen parents vote for their noncitizen children (rare, but possible), bc the children still have interests that matter, and the parents know enough to help them
But current law doesn't let noncitizens vote. So if the proposal takes that part of the system for granted, it would matter *why* current law doesn't let them vote
Current law lets noncitizens act as proxies in lots of situations (hospital rooms, litigation, etc.), but it also lets them act for themselves; no one is prevented from giving permission for a surgery on the grounds of citizenship, for example, and the same is largely true of suing in court
(You could imagine a version of the paper that starts off by saying "resident noncitizens and/or felons really should be allowed to vote," and then proceeds for the rest of the 76 pages in almost exactly the same way—which suggests that this is an ancillary concern for the paper, not a central one.)
Thanks for reading! This paper doesn't take any view at all on what the scope of the *adult* franchise should be; its suggestion is just that, whatever limits are appropriate on someone's casting his or her *own* vote, they translate over to that same person's casting a proxy vote for someone else
Also published: "WHAT IS VOTING FOR?," responding to insightful critiques by @profnickstephan.bsky.social and @fishkin.bsky.social
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
NOW IN PRINT in the Notre Dame Law Review:
"GIVE PARENTS THE VOTE," with Joshua Kleinfeld: arguing that parents, not strangers, should direct the voting power of children, and that state legislatures can make it happen!
papers.ssrn.com/sol3/papers....
"GIVE PARENTS THE VOTE," with Joshua Kleinfeld: arguing that parents, not strangers, should direct the voting power of children, and that state legislatures can make it happen!
papers.ssrn.com/sol3/papers....
Also endorsed by the U.S. Congress in 1922 — HJ Res 322, 67th Cong., 42 Stat. 1012
In honor of Halloween, my favorite essay in the philosophy of candy:
200proofliberals.blogspot.com/2021/03/the-...
200proofliberals.blogspot.com/2021/03/the-...
New amicus brief, now on @ssrn.bsky.social!
Submitted today in King v. Bon Charge, No. 1:25-cv-105-SB (D. Del. filed Jan. 24, 2025), exploring how Rule 4(k)(2) personal jurisdiction applies after Fuld v. PLO.
Download it here: papers.ssrn.com/sol3/papers....
Submitted today in King v. Bon Charge, No. 1:25-cv-105-SB (D. Del. filed Jan. 24, 2025), exploring how Rule 4(k)(2) personal jurisdiction applies after Fuld v. PLO.
Download it here: papers.ssrn.com/sol3/papers....
Happy National Black Cat Day! Sometimes shelters have a hard time finding homes for black cats, if people are superstitious or don’t think they’re friendly. But we love our two black cats, adopted from Chatham Animal Rescue & Education in Pittsboro, NC!
Antisemitism, Anti-Zionism, and Title VI: A Guide for the Perplexed - Harvard Law Review
The past eighteen months have seen an unprecedented wave of claims by public officials and private plaintiffs that universities are violating their legal obligations...
harvardlawreview.org
And here's a link to the original paper by beidelson.bsky.social and @hellmandeborah.bsky.social :
harvardlawreview.org/forum/vol-13...
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harvardlawreview.org/forum/vol-13...
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NOW ON SSRN: "Zionism and Title VI"
The HarvLRev Forum had asked me to respond to an essay by Profs. Eidelson & Hellman, applying Title VI's antidiscrimination rules to recent campus protests. A useful exchange, I hope; comments welcome!
papers.ssrn.com/sol3/papers....
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The HarvLRev Forum had asked me to respond to an essay by Profs. Eidelson & Hellman, applying Title VI's antidiscrimination rules to recent campus protests. A useful exchange, I hope; comments welcome!
papers.ssrn.com/sol3/papers....
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Reposted by Daniel B. Rodriguez
Editing the Constitution | Let states get the ball rolling on amendments
If we, the people, are to form a more perfect union, then we must update the Constitution as our society evolves. Globe Ideas has asked legal experts, advocates, and journalists what rewrites the Cons...
apps.bostonglobe.com
And here, in the Boston Globe:
"Let the States Get the Ball Rolling on Amendments"
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apps.bostonglobe.com/ideas/graphi...
"Let the States Get the Ball Rolling on Amendments"
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apps.bostonglobe.com/ideas/graphi...
Amendments should start with states: Stephen Sachs
The Constitution is centuries-old and, in the eyes of many, out of touch with contemporary America. Five scholars suggest repairs.
news.harvard.edu
Prior coverage here, in the Harvard Gazette:
"Amendments Should Start With States"
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news.harvard.edu/gazette/stor...
"Amendments Should Start With States"
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news.harvard.edu/gazette/stor...