Josh Chafetz
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joshchafetz.bsky.social
Josh Chafetz
@joshchafetz.bsky.social
Agnes Williams Sesquicentennial Professor of Law and Politics, Georgetown Law: https://www.law.georgetown.edu/faculty/josh-chafetz/

Author, most recently, of _Congress's Constitution_: https://www.amazon.com/dp/0300248334/
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Hi new followers!

If you happen to be interested in the separation of powers, Congress, government shutdowns, contempt of Congress, the filibuster, and more, have I got the book for you! www.amazon.com/dp/0300248334/
Congress's Constitution: Legislative Authority and the Separation of Powers: Chafetz, Josh: 9780300248333: Amazon.com: Books
Congress's Constitution: Legislative Authority and the Separation of Powers [Chafetz, Josh] on Amazon.com. *FREE* shipping on qualifying offers. Congress's Constitution: Legislative Authority and the Separation of Powers
www.amazon.com
Reposted by Josh Chafetz
I think we need more judgey signals:

"Somehow disapproved only on other grounds in"

"Shade thrown in"

"See to believe"

"ill-considered accord"
That's the same article in which I made up a new Bluebook signal ...
February 9, 2026 at 11:45 PM
That's the same article in which I made up a new Bluebook signal ...
February 9, 2026 at 11:33 PM
Reposted by Josh Chafetz
This paper has placed with Columbia. Its little sibling article is still up for grabs for the enterprising law journal! They are deeply intertwined and recast the history of American admin law.
February 9, 2026 at 5:09 PM
Reposted by Josh Chafetz
Yep. Many of us who weren't sufficiently Trump-curious had to find other places to work.

The libertarian movement had one job, and it failed, and now it wants credit for success.
Yes, some libertarians *did* try to warn you about Trump. But you canceled them for it.
February 9, 2026 at 2:54 PM
Reposted by Josh Chafetz
JUST IN: DOJ is trying to help Steve Bannon erase his conviction for defying a subpoena from the Jan. 6 committee. Motion has no career prosecutor on it, just signed by US Attorney Pirro. storage.courtlistener.com/recap/gov.us...
February 9, 2026 at 7:11 PM
Reposted by Josh Chafetz
people sincerely committed to libertarianism as a philosophy did in fact clock Trump from the outset, and they have been right all along. libertarianism as a coalition partner within conservatism went along for the ride.
February 9, 2026 at 5:58 PM
Reposted by Josh Chafetz
this and other (correct) reactions to this piece really underscore the distinction between ideologies as political philosophies and ideologies as coalitions of policy demanders
Yes, some of us did, but the libertarians at Reason were not prominent among them, except for the one who got fired for it.
February 9, 2026 at 5:55 PM
Reposted by Josh Chafetz
I don't have a publicist, therefore I am the publicist. New website for my forthcoming book. Please especially check out the Author Q&A at the end of the page (Why did i write the book? Who's it for?. Journos, pod-casters, museums can find my contact info & how to obtain a bound review copy. 1/
Book - Migration and the Origins of American Citizenship — Anna O. Law
www.annaolaw.com
February 9, 2026 at 3:02 PM
Reposted by Josh Chafetz
Reached out to Ed Martin to ask if he'd comprehended that this was satire, and asked him whether he's even seen Arrested Development before. Will report back if he responds.
February 9, 2026 at 6:30 PM
Reposted by Josh Chafetz
Reason publishes how its staff are voting. Which is a kind of admirably honest exercise, I suppose. But it rather undercuts "I told you so" if your answer was this.

In all they had twelve third-party voters, six non-voters, three Harris, two write-ins, and two who said undecided but maybe Trump.
February 9, 2026 at 5:57 PM
Reposted by Josh Chafetz
Our fellow @bdgesq.bsky.social helped design the California wealth tax now being protested by the pro-billionaire advocates.

Last month, he laid out a national approach to taxing extreme wealth—so public services can be sustainably funded.

Because the tax code clearly isn’t working as intended.
How to Tax the Ultrarich
Learn about the Fair Share Tax (FAST), a practical, constitutionally sound plan to tax the ultrarich, close loopholes, and prevent dynastic wealth accumulation.
rooseveltinstitute.org
February 9, 2026 at 5:53 PM
Reposted by Josh Chafetz
Footage taken from inside Trump’s Super Bowl party at his Mar-a-Lago golf club showed the president and his guests watching Bad Bunny’s halftime show rather than TPUSA’s night of Jesus Christ, Kid Rock, and country music. trib.al/ivGSXQ3
February 9, 2026 at 5:18 PM
Reposted by Josh Chafetz
Carjackings in DC (and overall) have fallen by a remarkable amount: open.substack.com/pub/jasher/p/carjackings-have-fallen-an-incredible
February 9, 2026 at 5:12 PM
Reposted by Josh Chafetz
1/x Really delighted to say that my coauthored piece with @jedshug.bsky.social, “Quasi-Judicial: A History and Tradition” just landed with the Columbia Law Review. We really appreciate the editors’ hard work! This is a piece that retells the story of American admin law and Humphrey’s Executor.
February 9, 2026 at 2:54 PM
Reposted by Josh Chafetz
Doing Con Law The Right Way.
Today in Con Law I: Prigg v. Pennsylvania, Frederick Douglass's Fourth of July oration, and the Seneca Falls Declaration.
February 9, 2026 at 1:56 PM
Reposted by Josh Chafetz
I'm convinced AI is our generation's radium - a discovery with genuinely useful applications in specific, controlled circumstances that we stupidly put in everything from kid's toys to toothpaste until we realised the harm far too late where future generations will ask if we were out of our minds.
VC, founder, dumbass
February 8, 2026 at 10:23 PM
Reposted by Josh Chafetz
My paper, Habeas and the 1948 Judicial Code, is forthcoming in the Stanford Law Review (@stanlrev.bsky.social).

I argue that the 1948 Judicial Code, not the 1867 Habeas Corpus Act, should be the statutory focus for inquiry into the scope of habeas review.

papers.ssrn.com/sol3/papers....
February 9, 2026 at 1:18 PM
Today in Con Law I: Prigg v. Pennsylvania, Frederick Douglass's Fourth of July oration, and the Seneca Falls Declaration.
February 9, 2026 at 1:10 PM
Reposted by Josh Chafetz
Gov. Wes Moore (D-MD) says he was uninvited from a bipartisan White House dinner for governors

"As the nation’s only Black governor, I can’t ignore that being singled out for exclusion from this bipartisan tradition carries an added weight — whether that was the intent or not"
February 8, 2026 at 2:47 PM
What is going on with @ssrn.bsky.social right now? Every page I try to load is either *incredibly* slow or simply times out.
February 8, 2026 at 2:45 PM
Reposted by Josh Chafetz
RESULT: Democrat Chasity Martinez wins a special election for a legislative seat in Louisiana, 62% to 38%.

This was a district that Trump carried by 13% last year, so a big overperformance by Dems, but the seat was already Dem-held.
February 8, 2026 at 3:14 AM
Reposted by Josh Chafetz
Trump is badly losing the war over ICE, not just on the streets, but also in the culture. As Bad Bunny shows, this has become a culture war unto itself. Trump-MAGA's initial hubris has been utterly deflated.

I've got fresh data illustrating the point. 1/

(new piece)
newrepublic.com/article/2062...
Trump Rages at Bad Bunny—and Accidentally Exposes a Big MAGA Weakness
MAGA’s hatred of the Super Bowl halftime performer reflects a hubris about what parts of the culture are “theirs.” But those assumptions are proving more wrong every day.
newrepublic.com
February 8, 2026 at 1:00 PM
The existence of these implies the existence of Phenomen-O’s
February 8, 2026 at 12:02 AM
letting it all hang out (ear edition)
February 7, 2026 at 10:02 PM