Jim Oleske
@jimoleske.bsky.social
Professor, Lewis & Clark Law School. Teach constitutional law and torts, write on religious liberty and equal protection.
Pinned
Jim Oleske
@jimoleske.bsky.social
· Oct 18
Portland No Kings, before the March, from the Morrison Bridge
Reposted by Jim Oleske
Birthright citizenship under the common law, a thread:
I have done this many times on social media, in print, and in media interviews, but not to be accused of taking others’ not seriously enough, by plainly stating the law and history of birthright citizenship, I’m taking the time here:
I have done this many times on social media, in print, and in media interviews, but not to be accused of taking others’ not seriously enough, by plainly stating the law and history of birthright citizenship, I’m taking the time here:
December 12, 2025 at 2:28 PM
Birthright citizenship under the common law, a thread:
I have done this many times on social media, in print, and in media interviews, but not to be accused of taking others’ not seriously enough, by plainly stating the law and history of birthright citizenship, I’m taking the time here:
I have done this many times on social media, in print, and in media interviews, but not to be accused of taking others’ not seriously enough, by plainly stating the law and history of birthright citizenship, I’m taking the time here:
Reposted by Jim Oleske
The rule of law can win
BREAKING: Kilmar Abrego Garcia has been released.
NEW: A federal judge ordered Kilmar Abrego Garcia — the Maryland man who was wrongly removed from the U.S. and sent to El Salvador without due process by the Trump administration — to be released from an ICE detention center, ruling his detention unlawful.
December 11, 2025 at 10:53 PM
The rule of law can win
Reposted by Jim Oleske
Not to worry, articles will soon issue explaining how this is more complicated than it seems.
NEW: President Donald Trump says he is granting a pardon to Tina Peters, who was convicted on state charges related to tampering with Colorado's election systems. Legal experts say presidential pardons do not apply to state charges.
December 12, 2025 at 12:54 AM
Not to worry, articles will soon issue explaining how this is more complicated than it seems.
Reposted by Jim Oleske
This is SO important.
BREAKING: Kilmar Abrego Garcia has been released from immigration detention after a federal judge's order Thursday, his attorney's office says.
Judge orders Kilmar Abrego Garcia to be immediately released from immigration detention
A federal judge in Maryland has ordered Kilmar Abrego Garcia freed from immigration detention while his legal challenge against his deportation moves forward. U.S.
bit.ly
December 11, 2025 at 10:31 PM
This is SO important.
Reposted by Jim Oleske
The problem will only worsen as the Supreme Court encourages vaccine exemption claims in the lower courts.
Hundreds quarantined as South Carolina measles outbreak accelerates
A state epidemiologist said the spike in cases came in the wake of Thanksgiving travel and a lack of vaccinations. At least 16 cases were traced to a church.
www.washingtonpost.com
December 11, 2025 at 5:08 PM
The problem will only worsen as the Supreme Court encourages vaccine exemption claims in the lower courts.
Reposted by Jim Oleske
HUGE. Judge Xinis grants the writ of habeas corpus and orders that the government "SHALL release [Kilmar] Abrego Garcia from ICE custody immediately."
December 11, 2025 at 3:57 PM
HUGE. Judge Xinis grants the writ of habeas corpus and orders that the government "SHALL release [Kilmar] Abrego Garcia from ICE custody immediately."
Reposted by Jim Oleske
Maybe this new blog can respond, in one of its first posts, to the argument that the term “interim docket” is a deliberately misleading attempt to minimize the (very permanent) doctrinal and real-world consequences of #SCOTUS’s rulings on emergency applications?
www.stevevladeck.com/p/177-the-no...
www.stevevladeck.com/p/177-the-no...
December 11, 2025 at 3:59 PM
Maybe this new blog can respond, in one of its first posts, to the argument that the term “interim docket” is a deliberately misleading attempt to minimize the (very permanent) doctrinal and real-world consequences of #SCOTUS’s rulings on emergency applications?
www.stevevladeck.com/p/177-the-no...
www.stevevladeck.com/p/177-the-no...
Reposted by Jim Oleske
Reposted by Jim Oleske
It just keeps getting worse.
NEW: Pentagon lawyers asked State Dept. if US could send survivors of Trump's boat strikes to a notorious prison in El Salvador. Then Pentagon pushed to have survivors sent anywhere but the US — to prevent any US court cases. Gift link to our @nytimes.com story: www.nytimes.com/2025/12/09/u...
Inside the Pentagon’s Scramble to Deal With Boat Strike Survivors
www.nytimes.com
December 10, 2025 at 3:11 AM
It just keeps getting worse.
Reposted by Jim Oleske
December 9, 2025 at 10:17 PM
Not sure what to make of this from @jadler1969.bsky.social given that one of the most prolific and pointed advocates for the conventional account co-wrote a book and several law review articles with Randy Barnett.
And surely it's not a reference to Ramsey, Baude, or Whittington.
And surely it's not a reference to Ramsey, Baude, or Whittington.
December 9, 2025 at 9:50 PM
Not sure what to make of this from @jadler1969.bsky.social given that one of the most prolific and pointed advocates for the conventional account co-wrote a book and several law review articles with Randy Barnett.
And surely it's not a reference to Ramsey, Baude, or Whittington.
And surely it's not a reference to Ramsey, Baude, or Whittington.
Reposted by Jim Oleske
It is really, really hard to get your head around the raw hubris of the majority. They really will be destabilizing the operating structure of the entire U.S. government. Why? Because they believe they have a better idea about how the past century should've been done.
December 8, 2025 at 3:50 PM
It is really, really hard to get your head around the raw hubris of the majority. They really will be destabilizing the operating structure of the entire U.S. government. Why? Because they believe they have a better idea about how the past century should've been done.
Reposted by Jim Oleske
Good.
BREAKING: EXCLUSIVE: ICEBlock App developer Joshua Aaron is SUING DHS, ICE, DOJ, White House officials for violating his 1st Amendment rights when they pressured Apple to remove the app from the App Store. www.muellershewrote.com/p/exclusive-...
EXCLUSIVE: ICEBlock App Developer to Sue ICE, DHS, DOJ, White House Officials
ICEBlock app developer Joshua Aaron is suing multiple federal agency officials for violating his 1st Amendment rights after they coerced Apple into removing ICEBlock from its App Store
www.muellershewrote.com
December 8, 2025 at 1:41 PM
Good.
Reposted by Jim Oleske
To go after a family for no other reason than that their daughter sparked sympathy is appalling. Absolutely appalling. Beyond cruelty into outright sadism.
They are going after that college students' family now. JFC www.nytimes.com/2025/12/07/u...
Immigration Agents Target Family of Deported College Student
www.nytimes.com
December 8, 2025 at 1:44 PM
To go after a family for no other reason than that their daughter sparked sympathy is appalling. Absolutely appalling. Beyond cruelty into outright sadism.
Reposted by Jim Oleske
It’s also plainly absurd that someone just happened to discover the true meaning of the common law that just evaded everyone else for 800 years in a few weeks of work. I don’t even know what to do with that.
the idea that a handful of conservative legal scholars have an understanding that should supersede a settlement affirmed my generations of american is astoundingly arrogant, and the idea that trump — or any president — can unilaterally overturn that settlement is just despotism
December 7, 2025 at 7:38 PM
It’s also plainly absurd that someone just happened to discover the true meaning of the common law that just evaded everyone else for 800 years in a few weeks of work. I don’t even know what to do with that.
Reposted by Jim Oleske
What Senator Cotton says here would be a bad defense for the Germans convicted in WWI and WWII war crimes trials -- including for firing on shipwrecked in fully operational lifeboats.
This line of response hurts the US and US servicemembers. It will cause long-term damage unless we get this right.
This line of response hurts the US and US servicemembers. It will cause long-term damage unless we get this right.
WELKER: Lawmakers say the 2 men appeared to raise their arms potentially to surrender. Why did Admiral Bradley interpret these actions as anything other than them trying to survive?
TOM COTTON: They were sitting or standing on top of a capsized boat. They weren't floating helplessly in the water
TOM COTTON: They were sitting or standing on top of a capsized boat. They weren't floating helplessly in the water
December 7, 2025 at 4:10 PM
What Senator Cotton says here would be a bad defense for the Germans convicted in WWI and WWII war crimes trials -- including for firing on shipwrecked in fully operational lifeboats.
This line of response hurts the US and US servicemembers. It will cause long-term damage unless we get this right.
This line of response hurts the US and US servicemembers. It will cause long-term damage unless we get this right.
Reposted by Jim Oleske
Anyone who knows this history should know there’s no contested issue.
December 7, 2025 at 12:38 AM
Anyone who knows this history should know there’s no contested issue.
Reposted by Jim Oleske
There are many constitutional questions that are complicated. There are many questions around the Citizenship Clause that are complicated. The citizenship of the children of unlawful entrants and temporary visitors to the US is not complicated.
blog.dividedargument.com/p/complicati...
blog.dividedargument.com/p/complicati...
Complications and Clarity in Birthright Citizenship
The conventional wisdom is right.
blog.dividedargument.com
December 6, 2025 at 2:48 PM
There are many constitutional questions that are complicated. There are many questions around the Citizenship Clause that are complicated. The citizenship of the children of unlawful entrants and temporary visitors to the US is not complicated.
blog.dividedargument.com/p/complicati...
blog.dividedargument.com/p/complicati...
Reposted by Jim Oleske
RFK Jr.’s vaccine advisory panel is beset by incompetence, bias, and procedural chaos. Since ACIP is real life and not a TV show, that's not a good thing. www.statnews.com/2025/12/06/a... via @statnews.com
RFK Jr.’s vaccine advisory panel is beset by incompetence, bias, and procedural chaos
The Advisory Committee on Immunization Practices' (ACIP) meetings used to be a geek’s dream: hours of long, maybe dreary presentation of extensive data
www.statnews.com
December 6, 2025 at 3:06 PM
RFK Jr.’s vaccine advisory panel is beset by incompetence, bias, and procedural chaos. Since ACIP is real life and not a TV show, that's not a good thing. www.statnews.com/2025/12/06/a... via @statnews.com
Reposted by Jim Oleske
If you want a read about the recent anti-constituonal attempt to denaturalize American children from their claim to birthright citizenship using bad history, @evanbernick.bsky.social, @gowder.io, I wrote about it in the Cornell Law Review Online. publications.lawschool.cornell.edu/lawreview/wp...
December 5, 2025 at 7:27 PM
If you want a read about the recent anti-constituonal attempt to denaturalize American children from their claim to birthright citizenship using bad history, @evanbernick.bsky.social, @gowder.io, I wrote about it in the Cornell Law Review Online. publications.lawschool.cornell.edu/lawreview/wp...
Reposted by Jim Oleske
#SCOTUS adds 4 cases to its docket, including one (but not both) of the birthright citizenship cases.
As for why only one, this is the case that cleanly presents the merits (where Court’s likely to rule against Trump); the other case would’ve required the justices to decide if states had standing.
As for why only one, this is the case that cleanly presents the merits (where Court’s likely to rule against Trump); the other case would’ve required the justices to decide if states had standing.
December 5, 2025 at 6:58 PM
#SCOTUS adds 4 cases to its docket, including one (but not both) of the birthright citizenship cases.
As for why only one, this is the case that cleanly presents the merits (where Court’s likely to rule against Trump); the other case would’ve required the justices to decide if states had standing.
As for why only one, this is the case that cleanly presents the merits (where Court’s likely to rule against Trump); the other case would’ve required the justices to decide if states had standing.
Reposted by Jim Oleske
NEW info on shipwreck attack. It gets worse.
The 2 survivors climbed atop wreckage and waved to overhead.
"Some of the people viewing the video thought ... could have been an attempt to surrender"
Others "said the most logical explanation was ... signaling for a rescue."
1/
The 2 survivors climbed atop wreckage and waved to overhead.
"Some of the people viewing the video thought ... could have been an attempt to surrender"
Others "said the most logical explanation was ... signaling for a rescue."
1/
December 5, 2025 at 7:50 PM
NEW info on shipwreck attack. It gets worse.
The 2 survivors climbed atop wreckage and waved to overhead.
"Some of the people viewing the video thought ... could have been an attempt to surrender"
Others "said the most logical explanation was ... signaling for a rescue."
1/
The 2 survivors climbed atop wreckage and waved to overhead.
"Some of the people viewing the video thought ... could have been an attempt to surrender"
Others "said the most logical explanation was ... signaling for a rescue."
1/
Reposted by Jim Oleske
Those of you who aren't sports fans might not know just how corrupt FIFA is. It is COMICALLY corrupt. Like, almost *United States Supreme Court* level corrupt.
December 5, 2025 at 8:40 PM
Those of you who aren't sports fans might not know just how corrupt FIFA is. It is COMICALLY corrupt. Like, almost *United States Supreme Court* level corrupt.
Reposted by Jim Oleske
Thank you, @wyden.senate.gov . Quite so. www.finance.senate.gov/ranking-memb...
December 5, 2025 at 5:49 PM
Thank you, @wyden.senate.gov . Quite so. www.finance.senate.gov/ranking-memb...
Reposted by Jim Oleske
Boomers: It just sucks so much that everyone gets participation trophies now, you used to have to show real merit to get an award
Also Boomers:
Also Boomers:
December 5, 2025 at 5:57 PM
Boomers: It just sucks so much that everyone gets participation trophies now, you used to have to show real merit to get an award
Also Boomers:
Also Boomers: