Daniel A. Horwitz
@danielahorwitz.bsky.social
9.5K followers 310 following 1.2K posts
Constitutional litigator. Public interest/First Amendment/civil rights/innocence/election litigation. Nashville politics. Anti-SLAPP evangelist. Email daniel at horwitz.law. My views are my employer’s.
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danielahorwitz.bsky.social
I tend to agree—and am ok with the analysis—as long as federal courts start adopting this reasoning for other critical anti-SLAPP provisions that do not plausibly conflict with federal rules of procedure (a small minority of courts do):
This Opinion addresses an unanswered and important threshold question: does New Jersey's anti-SLAPP statute apply in federal court? The Court holds that while some provisions of the statute conflict with the Federal Rules of Civil Procedure, the statute's fee-shifting provision—awarding fees, costs, and expenses to a defendant who prevails under Federal Rule 12 or Federal Rule 56—does not. Because New Jersey law governs all of the claims in this case, Shaulis can shift fees, costs, and expenses, if he can successfully dismiss the complaint under Rule 12 or Rule 56.

Paucek v. Shaulis, 349 F.R.D. 498, 505 (D.N.J. 2025)
danielahorwitz.bsky.social
On the same note: Very few people would have any difficulty identifying as *immoral* taxes imposed on the general population that are collected and then distributed only to those "employed in a factory that makes washing machines." That's essentially what trade barriers do.

bsky.app/profile/chri...
chrislhayes.bsky.social
When manufacturing got outsourced a lot of things got cheaper and a lot of jobs went away in those industries. Was it on the balance "good" - really depends! Are you buying a washing machine or employed in a factory that used to make them?
danielahorwitz.bsky.social
Relatedly, why is no one lamenting the unemployed whalers and milkmen and switchboard operators and lamp lighters? It is of course a net benefit. Among a huge number of other benefits, free trade is consistently the driving force behind global poverty reduction.
chrislhayes.bsky.social
Basically this was the entire logic fo neoliberalism and globalization - yes lots of job destruction, but prices falling on all kinds of goods and new jobs in new areas. It was taken as gospel that all of it was a net benefit, but that's a bit harder argument to make these days.
danielahorwitz.bsky.social
That’s my client! Go Aftyn!
democrats.org
Aftyn Behn will fight to lower costs for working Tennessee families and stand up for the people of the 7th congressional district.

Onward to the special election on December 2!
Graphic featuring Democrat Aftyn Behn with the following text: 

BREAKING 

Aftyn Behn wins Democratic nomination for Tennessee's 7th congressional district
Reposted by Daniel A. Horwitz
jaredmcclain.bsky.social
If anyone knows any victims of this raid, we’d like to talk to them.

Our legal services are all completely free.

We’ve got two other cases over ICE raids already. And we just won a Supreme Court case over the FBI raiding the wrong house.
dlknowles.bsky.social
Good reporting on the South Shore raid from South Side weekly here.

Confirms one thing I was told but didn't put in my own piece because I didn't have a second source and it seemed too insane: border agents segregated arrested residents by race

southsideweekly.com/federal-agen...
Federal Agents Storm South Shore Building, Detaining Families and Children
Families were woken by flashbangs and helicopters as hundreds of federal agents raided their homes. Days later, neighbors are still searching for the missing.
southsideweekly.com
Reposted by Daniel A. Horwitz
jackjenkins.me
Gonna be thinking about this lede for a minute.
(RNS) — Last month, the Rev. David Black stood in front of a Chicago-area U.S. Immigration and Customs Enforcement facility and spread his arms wide. Adorned in all black and wearing a clerical collar, the pastor looked up at a group of masked, heavily armed ICE agents on the roof and began to pray.

“I invited them to repentance,” Black, a minister in the Presbyterian Church (USA), said in an interview. “I basically offered an altar call. I invited them to come and receive that salvation, and be part of the kingdom that is coming.”

But when Black began to lower his arms a few seconds later, the agents responded to his spiritual plea by firing pepper balls, or chemical agents that cause eye irritation and respiratory distress, video footage shows. One struck Black in the head, exploding into a puff of white pepper smoke and forcing him to his knees. Fellow demonstrators rushed to his aid, and as the pastor rubbed his face in pain, the agents continued to fire.

“We could hear them laughing,” Black said.
danielahorwitz.bsky.social
To be fair, this has nothing on the situations where a federal judge finds definitively that something the government did/is doing is illegal but is powerless to remedy it.
radleybalko.bsky.social
Absolute failure of our system that a federal judge can be “very concerned” about Trump’s unlawful attempt to send troops into a city, but also powerless to stop it.

The default should be to protect us from government abuse, not to protect government from temporary inconvenience.
National Guard deployment moves ahead in Illinois after judge declines state's suit to block Trump call-up — Chicago Tribune
Attorneys for the Trump administration said in court that Texas National Guard units could begin operations by Tuesday, the same day Illinois Guard members have been ordered to report.
apple.news
Reposted by Daniel A. Horwitz
akalhan.bsky.social
"[A]gents engulfed my car in tear gas, smashed my driver-side window, and pepper-sprayed my face.... I spent three nights and three days in federal custody. No explanation. No charges. No apology. One day, I was just told, 'you’re free to go.'" #KavanaughStop
I’m a US citizen and a veteran. ICE arrested me for no reason.
Jailed for three days without an explanation or ability to notify anyone, George Retes argues the only path to healing starts with the government taking accountability for its actions.
newsletter.ofthebrave.org
Reposted by Daniel A. Horwitz
orcishlaw.bsky.social
John Roberts: Good morning, counsel. Before we begin, I understand that there is an update to the caption in this case?
Me: Yes, your honor. My client recently changed their name.
JR: Alright. And what is your client's new name?
Me: Webster Bivens, your honor.
JR: <covering the mic> oh shit
danielahorwitz.bsky.social
I still don’t get how this is basically a non-story but Biden being old and diminished was a generational scandal. You worry about a president losing their faculties in large part *because* it might empower some lunatic like this! That’s the concern!
whstancil.bsky.social
Miller’s apparent elevation to shadow president and his seeming intent to declare an end to the constitutional order would, in any other administration, be treated as a executive branch meltdown that was immensely embarrassing for the president and requiring Miller’s immediate removal
Reposted by Daniel A. Horwitz
whstancil.bsky.social
Miller’s apparent elevation to shadow president and his seeming intent to declare an end to the constitutional order would, in any other administration, be treated as a executive branch meltdown that was immensely embarrassing for the president and requiring Miller’s immediate removal
danielahorwitz.bsky.social
That must be right, but the “millennials are lazy” press was so hot and heavy for so long that it is extremely jarring to see a story like this in the wild.
danielahorwitz.bsky.social
This is getting dragged for understandable reasons that I don’t care to engage with, but I am dying to know when millennials stopped being decried as lazy and entitled avocado toast fiends who didn’t want to put in the work. When did this transition happen? Was there a press release?
Reposted by Daniel A. Horwitz
kyledcheney.bsky.social
BREAKING: A federal judge has granted a restraining order blocking President Trump's call-up of the National Guard in Portland.

storage.courtlistener.com/recap/gov.us...
danielahorwitz.bsky.social
Just saw an ad for the series premier of “911 Nashville,” which I can only assume is a drama about rude, undertrained dispatchers who send help both too late and to the wrong place.
Reposted by Daniel A. Horwitz
marisakabas.bsky.social
SCOOP — Pennsylvania prosecutors were alerted to possible voting irregularities by one of MAGA's leading voices against voter fraud. A long paper trail shows Jack Posobiec has been living in Maryland but voting using his parents' PA address for years.

From @jsweetli.bsky.social, @slate.com + me:
MAGA’s “Voter Fraud” Watchdog Votes in a Swing State. He Doesn’t Live There.
A long paper trail shows that Jack Posobiec casts a ballot in one state and lives in another.
slate.com
Reposted by Daniel A. Horwitz
mmasnick.bsky.social
Literally last week every MAGA idiot around was insisting, loudly, how terrible it was that the Biden admin pressured YouTube to remove COVID misinfo, even as YouTube said it ignored the pressure. Those same folks will either be silent or cheer this on:
esqueer.net
This was done at the direction of Pam Bondi. The US government is now dictating what apps you can have on your phone.

The underlying threat here is if Apple didn't comply, they'd slap billions in tariffs on Apple products.
Alt text: Screenshot of a Fox News Digital article reporting that Apple removed the ICEBlock tracking app from its App Store after the Department of Justice raised safety concerns. The article states DOJ officials, under Attorney General Pam Bondi, asked Apple to take down the app, claiming it endangered law enforcement officers and shielded illegal immigrants. Bondi confirmed the removal in a statement, saying ICEBlock put ICE agents at risk and emphasized DOJ’s commitment to protecting federal officers.
Reposted by Daniel A. Horwitz
radleybalko.bsky.social
I've been writing about the war on drugs for more than 20 years. There are some cases that have stuck with me -- names that have never left my head. For the last couple years, I've been working with The Intercept on a podcast to tell their stories. It launches in a week.
Introducing Collateral Damage | Collateral Damage from The Intercept
The Intercept is launching a new podcast series reported and hosted by investigative journalist Radley Balko.
shows.acast.com
danielahorwitz.bsky.social
🛎️🛎️🛎️
rmfifthcircuit.bsky.social
And if you did accurately foresee most of this, you sounded like a maniac
Reposted by Daniel A. Horwitz
cato.org
President Trump’s new order to “counter political violence” is really a mandate to police speech. Protected advocacy becomes “radicalization.” Criticism becomes “justifying violence.”

This is an attack on the First Amendment, not on political violence, argues @walterolson.bsky.social:
President Trump Plans To Investigate and "Disrupt" Opposition Speech
A new executive order signals the White House’s intent to use law enforcement to investigate and disrupt networks and organizations Donald Trump and allies consider responsible for encouraging political...
www.cato.org