Jerry Edwards
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jerryedwards.bsky.social
Jerry Edwards
@jerryedwards.bsky.social
Associate Professor of Law at West Virginia University College of Law. Formerly an ACLUFL Attorney. I enjoy writing about free expression, academic freedom, and American history.

All opinions are my own, not my employer's, and are correct, probably.
Pinned
I am excited to announce that my article, Academic Freedom's Inflection Point, will be published in the Boston College Law Review in 2026. The SSRN link is below. I plan to make revisions to address feedback & new developments (ex. a terrible govt speech opinion). Comments are welcome & appreciated!
Reposted by Jerry Edwards
At least for now, the original version, with the climate chapter, is still up on the FJC website. I've downloaded my zamizdat copy for future reference, and everyone else should as well.

www.fjc.gov/sites/defaul...
February 11, 2026 at 2:43 AM
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Wild (also a surprisingly forthright account in the article) www.nytimes.com/2026/02/10/u...
Grand Jury Rebuffs Justice Dept. Attempt to Indict 6 Democrats in Congress
www.nytimes.com
February 11, 2026 at 1:50 AM
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The framers were wrong about a lot of stuff but they were definitely onto something with juries
More details here:
“Federal prosecutors …
sought and failed on Tuesday to secure an indictment against six Democratic lawmakers who posted a video this fall that enraged President Trump …
who demanded that the lawmakers be punished and even suggested that they should be executed.”
Grand Jury Rebuffs Justice Dept. Attempt to Indict 6 Democrats in Congress
www.nytimes.com
February 11, 2026 at 1:58 AM
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As a Hachette author, one who has written an entire novel about book bans, this is so deeply disappointing and maddening.

A publisher makes choices as to what to publish. Choosing not to offer on a book is NOT a ban. It is NOT censorship to say, we'll pass. Publishing a book is a CHOICE.
“I’m telling you this because right now, Hachette’s website is all about book bans: how wrong they are, and how readers like you can (and must) do your part to stop them.” @jaywillis.net on the hypocrisy of Hachette publishing noted book banner Sam Alito’s new book: open.substack.com/pub/ballsand...
Sam Alito’s Publisher Wants You to Buy the Children’s Books He Just Made It Easier to Ban
The author of Mahmoud v. Taylor is writing a book for a publisher that calls the push to ban books with LGBTQ characters an attack on “one of the most important foundations of a free society.”
open.substack.com
February 10, 2026 at 5:07 PM
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Also kind of pointless. I can't imagine that Alito would rule against Louisiana in anything, unless somehow the state randomly has a case against Trump (unlikely, given its politics). The only decision rule that guides Alito is "the party further to the right wins." Why bother sucking up?
They're calling it the most embarrassing op-ed of all time: The Louisiana SG, who has multiple cases pending before the Supreme Court right now, writing an essay about how his old boss, Justice Samuel Alito, is the nicest, smartest, bestest justice who ever lived www.foxnews.com/opinion/i-wo...
February 11, 2026 at 1:57 AM
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My article, "The Unitary Executive and Politics," is officially published in the Ohio Northern University Law Review. I thank the editors at ONU for their assistance and hard work!

Read it and cite it!

papers.ssrn.com/sol3/papers....
papers.ssrn.com
February 11, 2026 at 1:34 AM
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If I was a federal magistrate who fell hook, line, and sinker for election conspiracy theories, I’d hide my head in a paper bag in the city of Atlanta for a few years in my shame.
February 10, 2026 at 8:45 PM
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Repealing anti-gerrymandering laws is shameful.

But my research shows it also can't prevent state constitutional challenges to map manipulation.

I discuss this and other findings in my new paper, "Mapping Malfeasance"—now available for download on SSRN and looking for a home.

t.co/NHOr0Y5hWH
NEW: Utah officials found thousands of potentially invalid and fraudulent signatures in the GOP’s petition to repeal the state’s voter-approved anti-gerrymandering law.

With the deadline looming and tens of thousands of signatures still needed, the repeal drive seems unlikely to be successful.
Utah GOP push to repeal anti-gerrymander law falters amid fraud allegations tied to firm backed by Trump Jr.
As a result of the growing controversy, the GOP ended its partnership with Patriot Grassroots.
www.democracydocket.com
February 10, 2026 at 4:00 PM
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I've (unsurprisingly) been thinking about the intersection of this and Tribe's constitutional geometry all day. In that spirit:
The clash is clear--Bruen says every law today must find support in past positive law. It erases past powers simply because they went unexercised, infringing on the 10th Am's express reservation of those same powers.
February 10, 2026 at 10:32 PM
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My less than gentle reminder that if you scoff at abolishing modern abusive, racist institutions, you more than likely would have scoffed at abolishing things like slavery and Jim Crow. What’s “realistic” is what you fight and stand for. 😬
February 10, 2026 at 10:23 PM
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The Bell Curve to Pedophile Island pipeline isn't the most obvious thing but neither is it totally surprising.
I parsed through some of the emails in the Epstein files, and it’s very clear that Epstein was a eugenicist weirdo. Something he very much had in common with the billionaire class à la Elon Musk, Peter Thiel and Donald Trump. New for @motherjones.com.

www.motherjones.com/politics/202...
Epstein couldn't stop emailing people about eugenics
In the latest files, the trafficker gives it a Silicon Valley–pilled name: "genetic altruism."
www.motherjones.com
February 10, 2026 at 9:10 PM
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" ... These are all crimes that Donald Trump has pardoned."
Emmer steps to the mic and says: "Pedophiles. Rapists. Murderers."
February 10, 2026 at 10:24 PM
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we need to talk about that Ring Super Bowl ad
February 10, 2026 at 8:18 PM
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this is incredibly frustrating. By framing this as a policy demand Dems are aiding a disinformation campaign that is intended to confuse the public about what is constitutionally required.
This is literally what CURRENT LAW requires. It’s in the Constitution! www.politico.com/news/2026/02...
February 10, 2026 at 2:11 PM
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For those who might downplay the importance of due process, this should urge reconsideration.
BONUS RULING: Judge Thomas Johnston, a George W. Bush appoiintee in West Virginia, used a recent ruling to warn of the dangers of defying due process for immigrants because of what it could also mean for Americans. It's worth a read.

storage.courtlistener.com/recap/gov.us...
February 10, 2026 at 12:33 PM
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People assume this was the kidnapper but maybe ICE just had the wrong address
February 10, 2026 at 6:25 PM
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my joke about vance is still making the right-wing rounds. they are furious about this! the worst thing ever said by a human being, apparently.
February 10, 2026 at 3:49 PM
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Some recent polls have shown John Cornyn in *third* place in the #TXSen GOP primary. At our request, the one and only Eric Ostermeier of the Univ. of Minnesota graciously cataloged just how rare it is for an incumbent senator to finish third (or worse!). It's only ever happened 13 times.
How Often Do Sitting US Senators Place Third (Or Worse) in Primaries? - Smart Politics
A competitive Texas Republican U.S. Senate primary could lead to a result not seen in more than 60 years.
smartpolitics.lib.umn.edu
February 10, 2026 at 5:16 PM
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remember what side of the public opinion these MOCs are choosing, too www.gelliottmorris.com/p/what-ameri...
February 10, 2026 at 4:12 AM
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NEW: Federal judges are increasingly furious at what they see as a pattern / playbook of defiance by the Trump administration to court orders in immigration cases — in Minnesota and around the country.

Here’s a look at what they’re seeing: www.politico.com/news/2026/02...
How the Trump administration skirts — and defies — court rulings on ICE detentions
A POLITICO review of hundreds of cases brought by ICE detainees shows a pattern of noncompliance that has frustrated judges across the country.
www.politico.com
February 10, 2026 at 11:15 AM
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321 days after she was arrested.
NEW: An immigration court has terminated removal proceedings against Tufts doctoral student Rümeysa Öztürk, finding that DHS did not meet its burden of establishing that she was removable, her lawyers tell the Second Circuit. live-awp-vermont.pantheonsite.io/app/uploads/...
February 10, 2026 at 12:36 AM
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"Appeasement is being coordinated while resistance is not" is exactly right. (This op-ed from Arne Duncan and David Pressman is excellent; I hope university leaders will read it.) www.washingtonpost.com/opinions/202...
Opinion | Universities are sending Trump a dangerous message
Higher education is under attack. Drop the appeasement.
www.washingtonpost.com
February 10, 2026 at 12:28 PM
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I was extra influenced by @emilysbremer.bsky.social , who is in my opinion the dean of the quasi-judicial category. She has a new piece out with my the chair of my PhD Committee, ~Wild~ Bill Eskridge , that would be well worth your time.
February 9, 2026 at 3:15 PM
Reposted by Jerry Edwards
i think this more than anything is what miller wants. vast detention camps with all of the suffering and death that means.
ICE has now spent over half a BILLION dollars just on purchasing warehouses around the country to convert into detention camps.

If these mega-camps are utilized to the full capacity ICE intends, they'll be the largest prisons in the country, with little real oversight. www.ajc.com/politics/202...
ICE to begin detaining immigrants inside Social Circle warehouse in April
Homeland Security plans to build warehouse detention facilities in other cities being met with opposition.
www.ajc.com
February 10, 2026 at 3:56 AM
Reposted by Jerry Edwards
Tomorrow I will testify before subcommittee of House Judiciary Committee against the proposed "Preserving a Sharia-Free America Act," which would authorize exclusion/deportation of all or most non-citizen Muslim immigrants. My written testimony posted here: reason.com/wp-content/u...
reason.com
February 9, 2026 at 11:25 PM