Ellie Margolis
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elliemargolis.bsky.social
Ellie Margolis
@elliemargolis.bsky.social
12K followers 1.2K following 8.6K posts
Law professor @TempleLaw, suburban gardener, avid reader. Happy to nerd out about legal writing anytime.
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Reposted by Ellie Margolis
bradvivian.bsky.social
No university faculty should be hired for their political views. Doing so is true preferential treatment. Partisan political views have nothing to do with quality teaching or research; they should never be considered as part of responsible, merit-based hiring practices. That’s the news here.
IQ THE CHRONICLE OF HIGHER EDUCATION Sign In The Conservative Hiring Boom Right-leaning academics are in demand. Does that amount to intellectual diversity? chronicle.com THE CHRONICLE
February 4, 2026 at 2:29 PM
Reposted by Ellie Margolis
amtappeals.bsky.social
It wasn’t so long ago that the richest people in the world used their wealth to create great things - foundations, universities, etc.

Not saying they were great people or didn’t earn their money in horrible ways. But they at least gave back a bit?

What happened?
February 4, 2026 at 3:54 PM
Reposted by Ellie Margolis
rmfifthcircuit.bsky.social
An exchange from CA5 oral arguments today:

Lawyer: Okay. I feel awkward walking away with some time, but I'm not going to waste your time.

Court: We feel grateful when you walk away.

Lawyer: I should have done it a little earlier.

Court: It's a sign of assurance. Thank you.
February 4, 2026 at 3:46 PM
Reposted by Ellie Margolis
joegordon.bsky.social
Following on, she’s only not leaving because she can free some folks while there. Tough ethical quandary: leave, honorably, or stay, and get some amount of good through.

Unrelated: some good people are enablers because they don’t let things fall to chaos.
“It took a long, long, long time, and many orders to show cause to explain and let them know that if you don’t fix it, I’m going to quit and you’re going to be dragging yourself into court.” Le said that she submitted her resignation, but ultimately chose to stay at the U.S. Attorney’s Office because no one could be found to replace her. Le also said that after pushing through an order to release a juvenile from detention, she realized that she could affect positive change from the inside. “Wait Julie, stop,” Le said. “You need to go back and get more people out. That’s why I’m still here. I’m here because I’m trying to make sure that the agency understands how important it is to comply with all the court orders.” Blackwell did not hold Le or Voss in contempt.
February 4, 2026 at 1:20 PM
Reposted by Ellie Margolis
alexbaumhardt.bsky.social
"In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated. In an authoritarian regime, that is not the case. Our nation is now at a crossroads"
oregoncapitalchronicle.com/2026/02/03/f...
Federal judge restricts agents' use of tear gas, munitions against crowds at Portland ICE facility • Oregon Capital Chronicle
The order is part of an ongoing lawsuit against the federal government brought by protesters and freelance journalists.
oregoncapitalchronicle.com
February 3, 2026 at 11:55 PM
Reposted by Ellie Margolis
klonick.bsky.social
www.nytimes.com/interactive/... Unpopular opinion: Meme law is bad and if you have the New York Times movie and poetry critic writing your legal analysis it’s still the bad place even if the outcome is righteous.
Annotating the Judge’s Decision in the Case of Liam Conejo Ramos, a 5-Year-Old Detained by ICE
Our critic annotates the barbed wordplay of a decision challenging the Trump administration’s theory of executive power.
www.nytimes.com
February 4, 2026 at 12:01 AM
Reposted by Ellie Margolis
swsworlds.bsky.social
THINK NOT OF THE BOOKS YOU'VE BOUGHT AS "TO BE READ" PILE. INSTEAD, THINK OF YOUR BOOKCASE AS A WINE CELLAR. YOU COLLECT BOOKS TO BE READ AT THE RIGHT TIME, THE RIGHT PLACE, AND THE RIGHT MOOD. @BECAUSEALLTHEBOOKS ©2023, 2026 LUC VAN DONKERSGOED @BECAUSEALLTHEBOOKS
February 4, 2026 at 12:03 AM
Reposted by Ellie Margolis
radleybalko.bsky.social
Floored by this story. A man wrote a pollite email to a federal prosecutor objecting to the deportation of an Afghan seeking asylum. DHS responded with an administrative warrant to get the man's info from Google, then visited his home to intimidate him.
DHS Hunts Down 67-Year-Old U.S. Citizen Who Criticized Them in Email
The Department of Homeland Security is using a little-known tool to go after its critics.
newrepublic.com
February 3, 2026 at 11:14 PM
Reposted by Ellie Margolis
rimaanabtawi.bsky.social
Not giving a newborn a Vit K shot puts them at risk of Vit K Deficiency Bleeding a dangerous, often fatal condition where the body can’t form blood clots. Without infants are over 80 Xs more likely to experience severe bleeding in the brain or intestines, leading to permanent brain damage or death
nathanhersh.bsky.social Nathan Hersh @nathanhersh.bsky.social · 1d
This is the worst first decision a parent can make. Seriously.

More Parents Are Rejecting a Lifesaving Vitamin Shot for Newborns www.nytimes.com/2026/02/03/w...
More Parents Are Rejecting a Lifesaving Vitamin Shot for Newborns
www.nytimes.com
February 3, 2026 at 11:32 PM
elliemargolis.bsky.social
I’m not sure non-lawyers realize how unheard of this is.
danielsuitor.com Daniel Suitor @danielsuitor.com · 1d
This is unreal. An AUSA talking like that in open court is about as close as you can come to a total breakdown. Never heard of anything like it.
SHOCKING FEDERAL COURT MOMENT: DOJ attorney Julie Le, "The system sucks, this job sucks" to Judge Jerry Blackwell who pressed her on why so many court orders are being ignored by ICE/Trump admin. She asked to be held in contempt just so she could get 24 hours of sleep. @FOX9
February 3, 2026 at 9:43 PM
Reposted by Ellie Margolis
danielsuitor.com
This is unreal. An AUSA talking like that in open court is about as close as you can come to a total breakdown. Never heard of anything like it.
SHOCKING FEDERAL COURT MOMENT: DOJ attorney Julie Le, "The system sucks, this job sucks" to Judge Jerry Blackwell who pressed her on why so many court orders are being ignored by ICE/Trump admin. She asked to be held in contempt just so she could get 24 hours of sleep. @FOX9
February 3, 2026 at 8:46 PM
Reposted by Ellie Margolis
jbf1755.bsky.social
Apparently, Google Books deliberately removed search for previewed books??

For ANYONE doing research, this is a BIG deal.

Not to be able to search for specific things that you need? For books that will help? For references used by other authors?

My last book would have been impossible without it.
rickperlstein.bsky.social Rick Perlstein @rickperlstein.bsky.social · 1d
I don't mean to seem alarmed, but it appears Google's book search function is, just...gone.

In a sane country it would be a huge deal, front page news, that a privately owned utility that millions researches, from journalists to scholars, rely on every day to advance knowledge can just disappear.
February 3, 2026 at 7:43 PM
Reposted by Ellie Margolis
statecourtreport.org
NEW: Florida's high court will hear arguments tomorrow in Hubbard v. State of Florida, a case challenging the legality of one of Republican Gov. Ron DeSantis’s prosecutions of people with felony convictions who thought they were eligible to vote. @berrypatrick.bsky.social on what you need to know:
Florida High Court to Hear Arguments in Politicized “Voter Fraud” Case
The case challenges Gov. Ron DeSantis’s prosecutions of people with felony convictions who thought they were eligible to vote.
statecourtreport.org
February 3, 2026 at 5:39 PM
Reposted by Ellie Margolis
gabrielmalor.bsky.social
3d Cir. holds that habeas corpus petitions challenging immigration detention are "civil actions," so prevailing noncitizens may be entitled to attorneys' fees and costs under the Equal Access to Justice Act.

Gonna be a loooooooooot of these.

www2.ca3.uscourts.gov/opinarch/242...
Today the Equal Access to Justice Act (EAJA) provides that the prevailing private party “in any civil action (other than cases sounding in tort)” brought by or against the United States is entitled to attorneys’ fees and costs if the Government’s position was not “substantially justified” or “special circumstances make an award unjust.” 28 U.S.C. § 2412(d)(1)(A). Adolph “Lee” Michelin and Adewumi Abioye prevailed in habeas actions under 28 U.S.C. § 2241 challenging their immigration detentions. The District Courts found the Government’s positions were not “substantially justified” and awarded the detainees fees and costs. The main question these consolidated cases present is whether a petition for a writ of habeas corpus from immigration detention under § 2241 is an EAJA “civil action.” We answer yes and thus affirm.
February 2, 2026 at 6:20 PM
Reposted by Ellie Margolis
darapurvis.bsky.social
There was a time leading up to Obergefell where judges knew they were about to say their piece in the apex of a historical moment and wrote accordingly. This reminds me of that time, with the existential threat turned up to 11.
stevevladeck.bsky.social Steve Vladeck @stevevladeck.bsky.social · 1d
Even if you don't have time to read all 83 pages of Judge Reyes's opinion barring the Trump administration from rescinding Temporary Protected Status for 350,000+ Haitians, please at least check out the four-page introduction.

It's a tour de force:

storage.courtlistener.com/recap/gov.us...
"On December 2, 1783, then-Commander-in-Chief George Washington penned: “America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions.”1 More than two centuries later, Congress reaffirmed President Washington’s vision by establishing the Temporary Protected Status (TPS) program. See 8 U.S.C. § 1254a (TPS statute). It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually. See Part VI. Department of Homeland Security (DHS) Secretary Kristi Noem has a different take. [screenshot of tweet]. So says the official responsible for overseeing the TPS program. And one of those (her word) “damn” countries is Haiti. Relevant here, three days before making the above post, Secretary Noem announced she would terminate Haiti’s TPS designation as of February 3, 2026. See 90 Fed. Reg. 54733 (Nov. 28, 2025) (Termination). Plaintiffs are five Haitian TPS holders. They are not, it emerges, “killers, leeches, or entitlement junkies.” They are instead: Fritz Emmanuel Lesly Miot, a neuroscientist researching Alzheimer’s disease, Dkt. 90 (Second Am. Compl. (SAC)) ¶ 1; Rudolph Civil, a software engineer at a national bank, id. ¶ 2; Marlene Gail Noble, a laboratory assistant in a toxicology department, id. ¶ 3; Marica Merline Laguerre, a college economics major, id. ¶ 4; and Vilbrun Dorsainvil, a full-time registered nurse, id. ¶ 5. They claim that Secretary Noem’s decision violates the Administrative Procedure Act (APA), 5 U.S.C. § 706(2), and the Fifth Amendment of the U.S. Constitution. The Government counters that the Court does not have jurisdiction, and, in any case, the Secretary did not violate the law. Plaintiffs seek to stay the Secretary’s decision under 5 U.S.C. § 705 pending the outcome of this litigation. See Dkt. 81 (§ 705 Mot.). To decide their motion, the Court considers first whether it has jurisdiction. It does. See Part II. It then considers: whether Plaintiffs have a substantial likelihood of success on the merits; whether they will be irreparably harmed absent a stay; and whether a merged balance of the equities and public interest analysis favors a stay. See Part III. Each element favors Plaintiffs. See Parts IV, V, and VI. Plaintiffs charge that Secretary Noem preordained her termination decision and did so because of hostility to nonwhite immigrants. This seems substantially likely. Secretary Noem has terminated every TPS country designation to have reached her desk—twelve countries up, twelve countries down. See Section IV.A.2. Her conclusion that Haiti (a majority nonwhite country) faces merely “concerning” conditions cannot be squared with the “perfect storm of suffering” and “staggering” “humanitarian toll” described in page-after-page of the Certified Administrative Record (CAR). See Section IV.A.3.a. She ignored Congress’s requirement that she “review the conditions” in Haiti only “after” consulting “with appropriate agencies.” 8 U.S.C. § 1254a(b)(3)(A); see Section IV.A.1. Indeed, she did not consult other agencies at all. See id. Her “national interest” analysis focuses on Haitians outside the United States or here illegally, ignoring that Haitian TPS holders already live here, and legally so. See Section IV.A.3.b. And though she states that the analysis must include “economic considerations,” she ignores altogether the billions Haitian TPS holders contribute to the economy. See id. The Government’s primary response is that the TPS statute gives the Secretary unbounded discretion to make whatever determination she wants, any way she wants. And, yes, the statute does grant her some discretion. But not unbounded discretion. To the contrary, Congress passed the TPS statute to standardize the then ad hoc temporary protection system—to replace executive whim with statutory predictability. See Section I.A. As to irreparable harm, the Government contends that, at most, the harms to Haitian TPS holders are speculative. But the Department of State (State) warns [screenshot] Dkt. 100 (§ 705 Reply) at 20–21.4 “Do not travel to Haiti for any reason” does not exactly scream, as Secretary Noem concluded, suitable for return. And so, the Government studiously does not argue that Plaintiffs will suffer no harm if removed to Haiti. Instead, it argues Plaintiffs will not certainly suffer irreparable harm because DHS might not remove them. But this fails to take Secretary Noem at her word: “WE DON’T WANT THEM. NOT ONE.” See Section IV.B.2.b. Finally, the balance of equities and public interest favor a stay. The Government does not cite any reason termination must occur post haste. Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight. She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. She complains of strains to our healthcare system. Her answer? Turn the insured into the uninsured. This approach is many things—in the public interest is not one of them. For the reasons below, the Court GRANTS Plaintiffs’ Renewed Motion for a Stay Under 5 U.S.C. § 705, Dkt. 81.
February 3, 2026 at 1:12 AM
Reposted by Ellie Margolis
stevevladeck.bsky.social
Even if you don't have time to read all 83 pages of Judge Reyes's opinion barring the Trump administration from rescinding Temporary Protected Status for 350,000+ Haitians, please at least check out the four-page introduction.

It's a tour de force:

storage.courtlistener.com/recap/gov.us...
"On December 2, 1783, then-Commander-in-Chief George Washington penned: “America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions.”1 More than two centuries later, Congress reaffirmed President Washington’s vision by establishing the Temporary Protected Status (TPS) program. See 8 U.S.C. § 1254a (TPS statute). It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually. See Part VI. Department of Homeland Security (DHS) Secretary Kristi Noem has a different take. [screenshot of tweet]. So says the official responsible for overseeing the TPS program. And one of those (her word) “damn” countries is Haiti. Relevant here, three days before making the above post, Secretary Noem announced she would terminate Haiti’s TPS designation as of February 3, 2026. See 90 Fed. Reg. 54733 (Nov. 28, 2025) (Termination). Plaintiffs are five Haitian TPS holders. They are not, it emerges, “killers, leeches, or entitlement junkies.” They are instead: Fritz Emmanuel Lesly Miot, a neuroscientist researching Alzheimer’s disease, Dkt. 90 (Second Am. Compl. (SAC)) ¶ 1; Rudolph Civil, a software engineer at a national bank, id. ¶ 2; Marlene Gail Noble, a laboratory assistant in a toxicology department, id. ¶ 3; Marica Merline Laguerre, a college economics major, id. ¶ 4; and Vilbrun Dorsainvil, a full-time registered nurse, id. ¶ 5. They claim that Secretary Noem’s decision violates the Administrative Procedure Act (APA), 5 U.S.C. § 706(2), and the Fifth Amendment of the U.S. Constitution. The Government counters that the Court does not have jurisdiction, and, in any case, the Secretary did not violate the law. Plaintiffs seek to stay the Secretary’s decision under 5 U.S.C. § 705 pending the outcome of this litigation. See Dkt. 81 (§ 705 Mot.). To decide their motion, the Court considers first whether it has jurisdiction. It does. See Part II. It then considers: whether Plaintiffs have a substantial likelihood of success on the merits; whether they will be irreparably harmed absent a stay; and whether a merged balance of the equities and public interest analysis favors a stay. See Part III. Each element favors Plaintiffs. See Parts IV, V, and VI. Plaintiffs charge that Secretary Noem preordained her termination decision and did so because of hostility to nonwhite immigrants. This seems substantially likely. Secretary Noem has terminated every TPS country designation to have reached her desk—twelve countries up, twelve countries down. See Section IV.A.2. Her conclusion that Haiti (a majority nonwhite country) faces merely “concerning” conditions cannot be squared with the “perfect storm of suffering” and “staggering” “humanitarian toll” described in page-after-page of the Certified Administrative Record (CAR). See Section IV.A.3.a. She ignored Congress’s requirement that she “review the conditions” in Haiti only “after” consulting “with appropriate agencies.” 8 U.S.C. § 1254a(b)(3)(A); see Section IV.A.1. Indeed, she did not consult other agencies at all. See id. Her “national interest” analysis focuses on Haitians outside the United States or here illegally, ignoring that Haitian TPS holders already live here, and legally so. See Section IV.A.3.b. And though she states that the analysis must include “economic considerations,” she ignores altogether the billions Haitian TPS holders contribute to the economy. See id. The Government’s primary response is that the TPS statute gives the Secretary unbounded discretion to make whatever determination she wants, any way she wants. And, yes, the statute does grant her some discretion. But not unbounded discretion. To the contrary, Congress passed the TPS statute to standardize the then ad hoc temporary protection system—to replace executive whim with statutory predictability. See Section I.A. As to irreparable harm, the Government contends that, at most, the harms to Haitian TPS holders are speculative. But the Department of State (State) warns [screenshot] Dkt. 100 (§ 705 Reply) at 20–21.4 “Do not travel to Haiti for any reason” does not exactly scream, as Secretary Noem concluded, suitable for return. And so, the Government studiously does not argue that Plaintiffs will suffer no harm if removed to Haiti. Instead, it argues Plaintiffs will not certainly suffer irreparable harm because DHS might not remove them. But this fails to take Secretary Noem at her word: “WE DON’T WANT THEM. NOT ONE.” See Section IV.B.2.b. Finally, the balance of equities and public interest favor a stay. The Government does not cite any reason termination must occur post haste. Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight. She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. She complains of strains to our healthcare system. Her answer? Turn the insured into the uninsured. This approach is many things—in the public interest is not one of them. For the reasons below, the Court GRANTS Plaintiffs’ Renewed Motion for a Stay Under 5 U.S.C. § 705, Dkt. 81.
February 3, 2026 at 1:06 AM
Reposted by Ellie Margolis
maxkennerly.bsky.social
There are ample professional disincentives to spilling the inner workings of a court; even misconduct is rarely disclosed.

Only reason to demand NDAs is if the Justices are engaging in conduct so egregious that the legal profession would recognize the need for court employees to disclose it.
leahlitman.bsky.social Leah Litman @leahlitman.bsky.social · 2d
Jodi Kantor in the NY Times reports that the Chief Justice requested Court employees sign nondisclosure agreements in November 2024 - moving to formal contracts requiring silence/confidentiality after Trump was reelected: www.nytimes.com/2026/02/02/u...
In November of 2024, two weeks after voters returned President Donald Trump to office, Chief Justice John G. Roberts Jr. summoned employees of the U.S. Supreme Court for an unusual announcement. Facing them in a grand conference room beneath ornate chandeliers, he requested they each sign a nondisclosure agreement promising to keep the court’s inner workings secret.
February 2, 2026 at 3:44 PM
Reposted by Ellie Margolis
marklemley.bsky.social
Things you don't want to hear from your Federal Circuit panel
February 2, 2026 at 11:06 PM
elliemargolis.bsky.social
It’s that dreaded time of year when I have to change my password for university systems
a cartoon of a turtle laying on a rock with the words `` how today is about to go ''
Alt: a cartoon of a turtle sliding down stairs on its back saying `` how today is about to go ''
media.tenor.com
February 2, 2026 at 2:57 PM
Reposted by Ellie Margolis
leahlitman.bsky.social
Jodi Kantor in the NY Times reports that the Chief Justice requested Court employees sign nondisclosure agreements in November 2024 - moving to formal contracts requiring silence/confidentiality after Trump was reelected: www.nytimes.com/2026/02/02/u...
In November of 2024, two weeks after voters returned President Donald Trump to office, Chief Justice John G. Roberts Jr. summoned employees of the U.S. Supreme Court for an unusual announcement. Facing them in a grand conference room beneath ornate chandeliers, he requested they each sign a nondisclosure agreement promising to keep the court’s inner workings secret.
February 2, 2026 at 11:48 AM
elliemargolis.bsky.social
I feel bad for the many working musicians who will lose income because of this. It’s hard out there in the arts.
atrupar.com Aaron Rupar @atrupar.com · 2d
Trump: "I have determined that the fastest way to bring The Trump Kennedy Center to the highest level of Success, Beauty, and Grandeur, is to cease Entertainment Operations for an approximately two year period of time, with a scheduled Grand Reopening that will rival and surpass anything."
Donald J. Trump @realDonaldTrump After a one year review of The Trump Kennedy Center, that has taken place with Contractors, Musical Experts, Art Institutions, and other Advisors and Consultants, deciding between either Construction with Closure and Re-Opening or, Partial Construction while continuing Entertainment Operations through a much longer period of time, working in and around the Performances, I have determined that The Trump Kennedy Center, if temporarily closed for Construction, Revitalization, and Complete Rebuilding, can be, without question, the finest Performing Arts Facility of its kind, anywhere in the World. In other words, if we don’t close, the quality of Construction will not be nearly as good, and the time to completion, because of interruptions with Audiences from the many Events using the Facility, will be much longer. The temporary closure will produce a much faster and higher quality result! Based on these findings, and totally subject to Board approval, I have determined that the fastest way to bring The Trump Kennedy Center to the highest level of Success, Beauty, and Grandeur, is to cease Entertainment Operations for an approximately two year period of time, with a scheduled Grand Reopening that will rival and surpass anything that has taken place with respect to such a Facility before. Therefore, The Trump Kennedy Center will close on July 4th, 2026, in honor of the 250th Anniversary of our Country, whereupon we will simultaneously begin Construction of the new and spectacular Entertainment Complex. Financing is completed, and fully in place! This important decision, based on input from many Highly Respected Experts, will take a tired, broken, and dilapidated Center, one that has been in bad condition, both financially and structurally for many years, and turn it into a World Class Bastion of Arts, Music, and Entertainment, far better than it has ever been before. America will be very proud of its new and beautiful Landmark
February 2, 2026 at 12:32 AM
Reposted by Ellie Margolis
design-law.bsky.social
Speaking of "AI" disclosures, I saw that a bunch of law reviews are asking for them--on their websites or on their @scholasticalr.bsky.social home pages. But there's no field for that kind of thing when you actually go to submit a piece.
February 1, 2026 at 2:50 PM
Reposted by Ellie Margolis
smbrnsn.bsky.social
I honestly and sincerely appreciate this disclosure. It tells me I don’t need to waste my time in this article. (It may be valuable. It may not be valuable. But if the writers don’t care enough about cleaning up their writing without AI I don’t care enough to read it.)
Generative Artificial Intelligence (AI) Statement AI has been used to improve the writing quality and reduce the grammatical mistakes.
February 1, 2026 at 2:34 PM