Anthony Sanders
@ijsanders.bsky.social
Center for Judicial Engagement @IJ. Host of the Short Circuit podcast. Read my book "Baby Ninth Amendments"! https://press.umich.edu//12676756 Opinions = mine.
"In Cromwell's time the fear was of executive usurpation; in 1850 the fear was—as the writers all declare it still is—of legislative encroachment."
-Indiana Supreme Court, 1889, regarding separation of powers & the Indiana Constitution of 1851.
-Indiana Supreme Court, 1889, regarding separation of powers & the Indiana Constitution of 1851.
November 24, 2025 at 9:54 PM
"In Cromwell's time the fear was of executive usurpation; in 1850 the fear was—as the writers all declare it still is—of legislative encroachment."
-Indiana Supreme Court, 1889, regarding separation of powers & the Indiana Constitution of 1851.
-Indiana Supreme Court, 1889, regarding separation of powers & the Indiana Constitution of 1851.
Reposted by Anthony Sanders
balls
November 24, 2025 at 6:43 PM
balls
Why don't we have cases with cool names like these anymore? Today it's all Smith v. Jones, et al. and then if it's consolidated with another matter it just has a longer heading. A sign of a lost Golden Age if you ask me.
November 24, 2025 at 7:57 PM
Why don't we have cases with cool names like these anymore? Today it's all Smith v. Jones, et al. and then if it's consolidated with another matter it just has a longer heading. A sign of a lost Golden Age if you ask me.
Reposted by Anthony Sanders
On the ‘it’s pretentious to style yourself Dr’ debate – sure, it probably is, but on the other hand the titles and the robes are just about the only fun part left in academia, and I’m not willing to cede them to the grey, managerial fun police just yet. Embrace the pomposity.
November 24, 2025 at 5:21 PM
On the ‘it’s pretentious to style yourself Dr’ debate – sure, it probably is, but on the other hand the titles and the robes are just about the only fun part left in academia, and I’m not willing to cede them to the grey, managerial fun police just yet. Embrace the pomposity.
Reposted by Anthony Sanders
If you’re curious, you can find the full article on SSRN. And don’t forget to check out the Short Circuit podcast (@shortcircuitij.bsky.social)! (end)
Section 1983: A Strict Liability Statutory Tort
<p><span>Scholars have traditionally framed Section 1983 as a “constitutional tort,” and they have recently devoted much attention to critiquing one side effect
papers.ssrn.com
November 22, 2025 at 6:25 PM
If you’re curious, you can find the full article on SSRN. And don’t forget to check out the Short Circuit podcast (@shortcircuitij.bsky.social)! (end)
Reposted by Anthony Sanders
I joined Short Circuit (@shortcircuitij.bsky.social) to discuss my forthcoming article, Section 1983: A Strict Liability Statutory Tort (@califlrev.bsky.social). If you’re into civil rights litigation, qualified immunity, or tort theory, check it out! Here's a thread about the basic argument (1/8)
Short Circuit 403 | Strict Liability for Civil Rights Violations - Institute for Justice
In a special episode, IJ’s Anya Bidwell interviews Matteo Godi of USC Law about his new article “Section 1983: A Strict Liability Statutory Tort.” Professor […]
ij.org
November 22, 2025 at 6:18 PM
I joined Short Circuit (@shortcircuitij.bsky.social) to discuss my forthcoming article, Section 1983: A Strict Liability Statutory Tort (@califlrev.bsky.social). If you’re into civil rights litigation, qualified immunity, or tort theory, check it out! Here's a thread about the basic argument (1/8)
"It was decided to establish a committee with the duty of purchasing suitable alcohol. This apparently innocent organisation was to be known as the Wine Committee and it soon set about its task of building up appropriate supplies of claret, etc., at strategic locations."
November 23, 2025 at 4:20 PM
"It was decided to establish a committee with the duty of purchasing suitable alcohol. This apparently innocent organisation was to be known as the Wine Committee and it soon set about its task of building up appropriate supplies of claret, etc., at strategic locations."
Reposted by Anthony Sanders
In the latest episode of @dividedargument.bsky.social argument, they discuss the perennial issue of the first-time SCOTUS advocate, and what obligations you have as the non-SCOTUS bumpkin to your client to tell them a member of the SCOTUS bar is volunteering to argue /1
November 22, 2025 at 7:15 PM
In the latest episode of @dividedargument.bsky.social argument, they discuss the perennial issue of the first-time SCOTUS advocate, and what obligations you have as the non-SCOTUS bumpkin to your client to tell them a member of the SCOTUS bar is volunteering to argue /1
Reposted by Anthony Sanders
My take on Gordon Wood's recent speech emphasizing America's role as a "creedal nation," pushing back on those who claim we should be an ethno-nationalist state. Wood is leading living historian of the Founding: reason.com/volokh/2025/...
Gordon Wood on America as a "Creedal Nation" Open to all Races and Ethnicities
Wood is the leading living historian of the American Founding. He pushes back here against those who claim America should be an ethno-nationalist polity.
reason.com
November 23, 2025 at 12:41 AM
My take on Gordon Wood's recent speech emphasizing America's role as a "creedal nation," pushing back on those who claim we should be an ethno-nationalist state. Wood is leading living historian of the Founding: reason.com/volokh/2025/...
"ceteris paribus, it may be said generally, that an immediate command of at least £300 and a continuing income of £250 a year, constitute a sine qua non to a successful and comfortable entrance into the legal profession."
-The Law Times (1844)
-The Law Times (1844)
November 21, 2025 at 10:47 PM
"ceteris paribus, it may be said generally, that an immediate command of at least £300 and a continuing income of £250 a year, constitute a sine qua non to a successful and comfortable entrance into the legal profession."
-The Law Times (1844)
-The Law Times (1844)
Reposted by Anthony Sanders
Lobstermen surveillance, semiquincentennial squabbling, and socking it to the Scotch Tape People.
ij.org/sc_newslette...
ij.org/sc_newslette...
Lobstermen surveillance, semiquincentennial squabbling, and socking it to the Scotch Tape People. - Institute for Justice
Webinar: In thousands of communities across the country, automatic license plate readers are surveilling people’s movements on a massive scale. A sensible law-enforcement tool? Or […]
ij.org
November 21, 2025 at 8:53 PM
Lobstermen surveillance, semiquincentennial squabbling, and socking it to the Scotch Tape People.
ij.org/sc_newslette...
ij.org/sc_newslette...
Reposted by Anthony Sanders
Our Latest Podcast: Strict Liability for Civil Rights Violations
Anya Bidwell interviews @gould.usc.edu's @matteogodi.bsky.social on his new article arguing that Section 1983 should be seen as a strict liability tort.
ij.org/podcasts/sho...
Anya Bidwell interviews @gould.usc.edu's @matteogodi.bsky.social on his new article arguing that Section 1983 should be seen as a strict liability tort.
ij.org/podcasts/sho...
ij.org
November 21, 2025 at 5:44 PM
Our Latest Podcast: Strict Liability for Civil Rights Violations
Anya Bidwell interviews @gould.usc.edu's @matteogodi.bsky.social on his new article arguing that Section 1983 should be seen as a strict liability tort.
ij.org/podcasts/sho...
Anya Bidwell interviews @gould.usc.edu's @matteogodi.bsky.social on his new article arguing that Section 1983 should be seen as a strict liability tort.
ij.org/podcasts/sho...
"[T]he right of the citizen here reposes upon an inviolable guaranty of the organic law, rather than the volatile breath of a mere act of Parliament, or the malleable doctrines of the English common law."
-White v. Nashville & Nw. R.R. (Tenn. 1872)
-White v. Nashville & Nw. R.R. (Tenn. 1872)
November 21, 2025 at 4:40 PM
"[T]he right of the citizen here reposes upon an inviolable guaranty of the organic law, rather than the volatile breath of a mere act of Parliament, or the malleable doctrines of the English common law."
-White v. Nashville & Nw. R.R. (Tenn. 1872)
-White v. Nashville & Nw. R.R. (Tenn. 1872)
"If he had no literature, at least he was not diverted by its blandishments from his judicial duty; and it is much better, if they cannot unite, that a judge should have law without literature, than literature without law."
-Lord Campbell on Lord Eldon.
-Lord Campbell on Lord Eldon.
November 21, 2025 at 1:43 AM
"If he had no literature, at least he was not diverted by its blandishments from his judicial duty; and it is much better, if they cannot unite, that a judge should have law without literature, than literature without law."
-Lord Campbell on Lord Eldon.
-Lord Campbell on Lord Eldon.
Sorry guys, I don't have a piece about what if the President calls for the execution of individual people. But if he declares "war" on American cities I do have this ICYMI.
Just out by me at @theunpopulist.net. We all know using soldiers as law enforcement is bad. But if it happens what remedies do Americans have if their rights are violated? I have bad news: much less than against local cops. And if Trump declares “war” maybe none. 1/
November 20, 2025 at 6:30 PM
Sorry guys, I don't have a piece about what if the President calls for the execution of individual people. But if he declares "war" on American cities I do have this ICYMI.
Reposted by Anthony Sanders
In @thebulwark.com pushing back on the "unreviewability" trend we're seeing among judges & others on executive authority when it comes to the military & foreign policy. Extreme cases aside, the courts play a vital role in military & FP questions.
www.thebulwark.com/p/military-a...
www.thebulwark.com/p/military-a...
“Military” and “Foreign Policy” Are Not Magic Words to Give the Government Unrestrained Power
And the courts should make that clear.
www.thebulwark.com
November 19, 2025 at 2:51 PM
In @thebulwark.com pushing back on the "unreviewability" trend we're seeing among judges & others on executive authority when it comes to the military & foreign policy. Extreme cases aside, the courts play a vital role in military & FP questions.
www.thebulwark.com/p/military-a...
www.thebulwark.com/p/military-a...
Reposted by Anthony Sanders
Pfander & Abdelsalam on Ex Parte Young
James E. Pfander (Northwestern University - Pritzker School of Law) & Samy Abdelsalam have posted Pulp Fiction? A Reappraisal of Ex parte Young on SSRN. Here is the abstract: For well over one hundred years, the Ex parte Young decision has served as a…
James E. Pfander (Northwestern University - Pritzker School of Law) & Samy Abdelsalam have posted Pulp Fiction? A Reappraisal of Ex parte Young on SSRN. Here is the abstract: For well over one hundred years, the Ex parte Young decision has served as a…
Pfander & Abdelsalam on Ex Parte Young
James E. Pfander (Northwestern University - Pritzker School of Law) & Samy Abdelsalam have posted Pulp Fiction? A Reappraisal of Ex parte Young on SSRN. Here is the abstract: For well over one hundred years, the Ex parte Young decision has served as a controversial landmark in the development of constitutional litigation. Celebrated for assuring a federal forum for the vindication of federal constitutional rights, the decision has also been criticized by those who view its rejection of the state’s sovereign immunity defense as a transparent fiction.
legaltheoryblog.com
November 20, 2025 at 4:55 PM
Pfander & Abdelsalam on Ex Parte Young
James E. Pfander (Northwestern University - Pritzker School of Law) & Samy Abdelsalam have posted Pulp Fiction? A Reappraisal of Ex parte Young on SSRN. Here is the abstract: For well over one hundred years, the Ex parte Young decision has served as a…
James E. Pfander (Northwestern University - Pritzker School of Law) & Samy Abdelsalam have posted Pulp Fiction? A Reappraisal of Ex parte Young on SSRN. Here is the abstract: For well over one hundred years, the Ex parte Young decision has served as a…
Reposted by Anthony Sanders
Lunatics have taken over the asylum.
This is completely disgusting. Today, the CDC updated their vaccine safety page. It now says:
“The claim "vaccines do not cause autism" is not an evidence-based claim because studies have not ruled out the possibility that infant vaccines cause autism”.
“The claim "vaccines do not cause autism" is not an evidence-based claim because studies have not ruled out the possibility that infant vaccines cause autism”.
November 20, 2025 at 3:11 AM
Lunatics have taken over the asylum.
Reposted by Anthony Sanders
The House has voted unanimously to repeal the provisions in the shutdown package which allow GOP Senators to sue the federal government and get as much as $1 million in damages - because the feds looked at their phone records in the Jan. 6 investigation.
November 20, 2025 at 2:01 AM
The House has voted unanimously to repeal the provisions in the shutdown package which allow GOP Senators to sue the federal government and get as much as $1 million in damages - because the feds looked at their phone records in the Jan. 6 investigation.
Supreme Court of Hawaii makes clear Parliamentary Supremacy does not apply there in . . . 1870 (when it was still an independent kingdom).
November 19, 2025 at 6:25 PM
Supreme Court of Hawaii makes clear Parliamentary Supremacy does not apply there in . . . 1870 (when it was still an independent kingdom).
Reposted by Anthony Sanders
It's the latest Unpublished Opinions! John Wrench, Josh Windham & Sam Gedge ponder what inspires them to do law (the answers include a surprising number of Dodecanese Islands references) & what advice they have for young lawyers. And so much more!
ij.org/podcasts/unp...
ij.org/podcasts/unp...
Unpublished Opinions 20 | And Fascism - Institute for Justice
Your IJ roundtable is back with hot takes and tepid reflection. John Wrench, joined by Sam Gedge and Josh Windham, share tips on how to […]
ij.org
November 19, 2025 at 4:04 PM
It's the latest Unpublished Opinions! John Wrench, Josh Windham & Sam Gedge ponder what inspires them to do law (the answers include a surprising number of Dodecanese Islands references) & what advice they have for young lawyers. And so much more!
ij.org/podcasts/unp...
ij.org/podcasts/unp...
In @thebulwark.com pushing back on the "unreviewability" trend we're seeing among judges & others on executive authority when it comes to the military & foreign policy. Extreme cases aside, the courts play a vital role in military & FP questions.
www.thebulwark.com/p/military-a...
www.thebulwark.com/p/military-a...
“Military” and “Foreign Policy” Are Not Magic Words to Give the Government Unrestrained Power
And the courts should make that clear.
www.thebulwark.com
November 19, 2025 at 2:51 PM
In @thebulwark.com pushing back on the "unreviewability" trend we're seeing among judges & others on executive authority when it comes to the military & foreign policy. Extreme cases aside, the courts play a vital role in military & FP questions.
www.thebulwark.com/p/military-a...
www.thebulwark.com/p/military-a...
Reposted by Anthony Sanders
Already, writes Anthony Sanders, official remedies such as the Federal Tort Claims Act and so-called Bivens actions tend to fail in delivering relief to victims of federal law enforcement abuse. If the military takes over policing, expect things to get even worse. [@theunpopulist.net]
If Soldiers Become Cops, Americans Will Have Even Less Legal Redress Against Abusive Law Enforcement
This is yet another reason why President Trump should not be allowed to call in the military for fighting crime
www.theunpopulist.net
November 18, 2025 at 10:25 PM
Already, writes Anthony Sanders, official remedies such as the Federal Tort Claims Act and so-called Bivens actions tend to fail in delivering relief to victims of federal law enforcement abuse. If the military takes over policing, expect things to get even worse. [@theunpopulist.net]
Reposted by Anthony Sanders
I'm sure Texas will argue that it's too close to the election to change electoral maps now.
This is what's called the Purcell principle.
But . . . it really isn't that close. We're nearly a year away!
This is what's called the Purcell principle.
But . . . it really isn't that close. We're nearly a year away!
November 18, 2025 at 8:23 PM
I'm sure Texas will argue that it's too close to the election to change electoral maps now.
This is what's called the Purcell principle.
But . . . it really isn't that close. We're nearly a year away!
This is what's called the Purcell principle.
But . . . it really isn't that close. We're nearly a year away!
Just out by me at @theunpopulist.net. We all know using soldiers as law enforcement is bad. But if it happens what remedies do Americans have if their rights are violated? I have bad news: much less than against local cops. And if Trump declares “war” maybe none. 1/
November 18, 2025 at 6:07 PM
Just out by me at @theunpopulist.net. We all know using soldiers as law enforcement is bad. But if it happens what remedies do Americans have if their rights are violated? I have bad news: much less than against local cops. And if Trump declares “war” maybe none. 1/