Cristian Farias
@cristianfarias.com
18K followers 600 following 2.8K posts
Legal journalist and beachgoer. I write about courts, the law, and the politics shaping them for @vanityfair.com, @newyorker.com, and @nymag.com. Host of The Bully's Pulpit. Signal: cristianfarias.33
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For @newyorker.com: I wrote a crash course on how John Roberts empowered the current destruction and lawlessness in Washington.

There’s a perception this began with the immunity ruling, but he has long been pushing the idea of an unrestrained, unchecked presidency. www.newyorker.com/news/the-led...
How John Roberts Has Empowered a Lawless Presidency
The Chief Justice’s rebuke of Donald Trump over his calls to impeach judges obscures Roberts’s own role in fostering the destruction in Washington.
www.newyorker.com
cristianfarias.com
The textualist Trump judges on the Ninth Circuit are blowing my mind.
cristianfarias.com
Only nerds like me care about this detail, but:

Under longstanding precedent that legal historian Mark Graber has compiled, an inoperative court system is one of the few objective criteria the federal government may activate the National Guard. (Not here, not now.)

See:
www.citizensforethics.org
cristianfarias.com
This is wild, via @jmetr22b.bsky.social of the Chicago Tribune:

From U.S. District Chief Judge Virginia Kendall in the Northern District of Illinois:

“At no point did I, nor the Building Security Committee, authorize or request the National Guard’s assistance to secure the Dirksen Courthouse.”
Press release from federal court in Illinois:

Statement from Chief Judge Virginia M. Kendall

"Providing access to justice is at the heart of the Court's mission and critical for our democracy.
Maintaining access to the courthouse for anyone who seeks redress remains a top priority of the court. It is a core principle to promote our rule of law," said Chief Judge Virginia Kendall.

As the Chief District Court Judge in the Northern District of Illinois, I chair the Dirksen Courthouse Building Security Committee and work closely with the United States Marshals Service. During the past several weeks, I have received frequent updates on matters impacting the Court's operations to allow for proceedings to continue safely. Proceedings are and have been open to the public and the media.

The United States Marshals Service has jurisdiction over the interior and exterior security at the Dirksen Courthouse. While the Federal Protective Service has authority in most federal buildings, the United States Marshals Service has that primary responsibility at the Dirksen Courthouse. I trust and rely upon the men and women of the United States Marshals Service and the Court Security Officers to provide security at the Dirksen Courthouse; this includes the perimeter of the building. At no point did I, nor did the Building Security Committee, authorize or request the National Guard's assistance to secure the Dirksen Courthouse.
With my approval, additional security measures have been implemented to allow court operations to proceed, but those measures do not include the National Guard at the Dirksen Courthouse. The Courthouse remains open and accessible for all matters including hearings, jury trials, and naturalization ceremonies. The District Court Clerk's Office will be open during normal business hours, 8:30 am to 4:30 pm, and in-person proceedings will continue as scheduled by the assigned judge.
cristianfarias.com
This is a word:

“They may try to take away our 501(c)(3) tax status, which would be devastating. But I would rather be a truth-teller and taxed, than to be silent and untaxed.”
cristianfarias.com
We need a term of art for this kind of federalism that welcomes a militarized invasion by the president to do harm to a state’s residents, in service of a broader carceral agenda.

How about … Fascist Federalism?

Anyway, I wrote about this today so all these things are on my mind:
Trump Is Not Entitled to a National Police Force
How the hostile takeover of Democratic cities should end.
nymag.com
cristianfarias.com
It’s indeed surprising that some Republican-led states still stand on principle, assuming that’s why they didn’t join.
cristianfarias.com
Fairweather federalists: A coalition of MAGA attorneys general file amicus brief supporting Donald Trump’s militarization of a sovereign state and city.

Of note: This is not surprising, given some of these same actors supported overturning the election results in states Joe Biden won.
Counsel for State of Iowa

ADDITIONAL ATTORNEYS GENERAL IN SUPPORT
Austin Knudsen
Attorney General of Montana
Gentner Drummond
Attorney General of Oklahoma
Lynn Fitch
Attorney General of Mississippi
Catherine Hanaway
Attorney General of Missouri
Alan Wilson
Attorney General of South Carolina
Steve Marshall
Attorney General of Alabama
Tim Griffin
Attorney General of Arkansas
James Uthmeier
Attorney General of Florida
Chris Carr
Attorney General of Georgia
Raúl R. Labrador
Attorney General of Idaho
Theodore E. Rokita
Attorney General of Indiana
Kris Kobach
Attorney General of Kansas
Liz Murrill
Attorney General of Louisiana
Michael T. Hilgers
Attorney General of Nebraska
Marty Jackley
Attorney General of South Dakota
Ken Paxton
Attorney General of Texas
John B. McCuskey
Attorney General of West Virginia
cristianfarias.com
At its core, the militarization of U.S. cities is an affront to Democratic, and democratic, governance—a gambit to set up a national police force, with the president as its chief, where neither the Constitution nor federal law allow it.

For @nymag.com, I probe how to put a stop to this perversion.
Trump Is Not Entitled to a National Police Force
How the hostile takeover of Democratic cities should end.
nymag.com
cristianfarias.com
Through the lens of animus doctrine in constitutional law, I examined how Donald Trump’s hostility toward Democratic, and democratic, governance is meaningless to the question of whether he may have a national police force through a lawless deployment of the National Guard.

(He may not.)
Trump Is Not Entitled to a National Police Force
How the hostile takeover of Democratic cities should end.
nymag.com
Reposted by Cristian Farias
cristianfarias.com
“Enemies of the country who are pursuing that lawsuit” is as chilling a statement I’ve ever heard from a sitting president, given that seeking redress for grievances is a constitutional right.

(For what it’s worth: Many of them or their are libertarians and fiscal conservatives.)
cristianfarias.com
Adventures in unitary executive land:

The same administration that wants Kilmar Ábrego García prosecuted in federal court in Nashville and in ICE detention pending deportation proceedings in Maryland—at the same time—cannot make arrangements to bring him to court for a previously scheduled hearing.
storage.courtlistener.com
cristianfarias.com
Also: Democratic governance: Bad. Republican governance: Good.
Reposted by Cristian Farias
angryblacklady.blacksky.app
Skrmetti and Chiles are both cases we want to use to stick it to queer kids. - SCOTUS, basically
cristianfarias.com
Supreme Court on banning gender-affirming care for trans youth: Sure, that's fine, no constitutional violation.

Supreme Court on banning so-called conversion therapy for gay youth: No, can't have that, grave constitutional violation.

Here, Ketanji Brown Jackson gets to the bottom of it:
Excerpt of Supreme Court transcript in Chiles v. Salazar:

JUSTICE JACKSON: No, but here's what
I mean, right? In Skrmetti, we had a state
 that wanted to prohibit certain medical
 treatment, gender-affirming care, being given
 to minors in the form of medication.
And we said that was okay. And I
understand there are particulars with respect
to how the -- the arguments, the constitutional
arguments, worked, but the state can prohibit
that.

Here, we have a state that wants to
prohibit gender-related medical treatment in
the form of talk therapy, but we now have the
First Amendment that is inhibiting the state's
ability to do that.

And I'm just, from a very, very broad
perspective, concerned about making sure that
we have equivalence with respect to these
things.
Reposted by Cristian Farias
cristianfarias.com
Supreme Court on banning gender-affirming care for trans youth: Sure, that's fine, no constitutional violation.

Supreme Court on banning so-called conversion therapy for gay youth: No, can't have that, grave constitutional violation.

Here, Ketanji Brown Jackson gets to the bottom of it:
Excerpt of Supreme Court transcript in Chiles v. Salazar:

JUSTICE JACKSON: No, but here's what
I mean, right? In Skrmetti, we had a state
 that wanted to prohibit certain medical
 treatment, gender-affirming care, being given
 to minors in the form of medication.
And we said that was okay. And I
understand there are particulars with respect
to how the -- the arguments, the constitutional
arguments, worked, but the state can prohibit
that.

Here, we have a state that wants to
prohibit gender-related medical treatment in
the form of talk therapy, but we now have the
First Amendment that is inhibiting the state's
ability to do that.

And I'm just, from a very, very broad
perspective, concerned about making sure that
we have equivalence with respect to these
things.
cristianfarias.com
Will the panel be bound by Newsom II, now being appealed?
cristianfarias.com
Rational basis, says Skrmetti, but apparently not when “speech” therapy is involved. 🫠
cristianfarias.com
When all is said and done, the Supreme Court will be greatly responsible for creating a balkanized United States—where states will be able to regulate medical treatments the justices approve of, and others won't be able to regulate those the justices don't approve of.

See also: Dobbs.
cristianfarias.com
Supreme Court on banning gender-affirming care for trans youth: Sure, that's fine, no constitutional violation.

Supreme Court on banning so-called conversion therapy for gay youth: No, can't have that, grave constitutional violation.

Here, Ketanji Brown Jackson gets to the bottom of it:
Excerpt of Supreme Court transcript in Chiles v. Salazar:

JUSTICE JACKSON: No, but here's what
I mean, right? In Skrmetti, we had a state
 that wanted to prohibit certain medical
 treatment, gender-affirming care, being given
 to minors in the form of medication.
And we said that was okay. And I
understand there are particulars with respect
to how the -- the arguments, the constitutional
arguments, worked, but the state can prohibit
that.

Here, we have a state that wants to
prohibit gender-related medical treatment in
the form of talk therapy, but we now have the
First Amendment that is inhibiting the state's
ability to do that.

And I'm just, from a very, very broad
perspective, concerned about making sure that
we have equivalence with respect to these
things.