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Robert L. Tsai

@robertltsai.bsky.social

15K followers 600 following 2.5K posts

DEMAND THE IMPOSSIBLE: ONE LAWYER’S PURSUIT OF EQUAL JUSTICE FOR ALL (2024) amzn.to/45LFzNg & other books | Professor & Harry Elwood Warren Scholar, Boston U. | constitutional law & politics, legal history, democracy | https://linktr.ee/roberttsai .. more

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Robert L. Tsai @robertltsai.bsky.social · Dec 15

Just a photo of me with my 2024 spring child

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Reposted by Michael A. Clemens, Jane E. Fountain, Greg Woolf , and 4 more Michael A. Clemens, Jane E. Fountain, Greg Woolf, Janet Murray, Julia Lynch, Jason Lyall, Robert L. Tsai

Laprofmme @laprofmme.bsky.social · 6h

Courtesy of colleagues at Penn

A variation on Benjamin Franklin’s 1754 engraving in the Pennsylvania Gazette, published in Philadelphia, in an effort to foster cooperation among the various colonies against the tyrant king of Britain, with the American colonies replaced by the nine universities selected for special collaboration opportunities

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Robert L. Tsai @robertltsai.bsky.social · 1d

That little voice to every academic:

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Robert L. Tsai @robertltsai.bsky.social · 2d

“Pedagogical” is interesting; I prefer “deliberative” because it decenters the prominence of judges, who after all are elites. It’s also more than just what judges think law can do, but about leaving space for citizens to figure out what to do to preserve democracy—if they indeed wish to do so.

Sam Klug @samklug.bsky.social · 2d

This whole piece is very astute. To me the key point is that judges' role should be *pedagogical* much more than political. Juristocracy is bad; explaining how law works in a democracy to non-lawyers is good.

Robert L. Tsai @robertltsai.bsky.social · 2d

Judges can’t save democracy. So what are they good for? bit.ly/46CzS73

Robert L. Tsai @robertltsai.bsky.social · 2d

Many thanks

Reposted by Robert L. Tsai

Sam Klug @samklug.bsky.social · 2d

Robert L. Tsai @robertltsai.bsky.social · 2d

Judges can’t save democracy. So what are they good for? bit.ly/46CzS73

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Robert L. Tsai @robertltsai.bsky.social · 2d

“Time is a precious resource in a democracy: It affords the opportunity for reflection, the chance to recognize danger and react appropriately by building bridges and defenses. Judges can buy time in a multiplicity of ways” bit.ly/46CzS73

Can Judicial Resistance Last?

The law can protect democracy—but only up to a certain point. After that, it’s up to the people. And there’s the challenge.

bit.ly

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Robert L. Tsai @robertltsai.bsky.social · 2d

Judges can’t save democracy. So what are they good for? bit.ly/46CzS73

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Robert L. Tsai @robertltsai.bsky.social · 2d

MIT Engineers’ Drinking Song: “we don't give a damn for any old man who don't give a damn for us!”

M.I.T. Rejects a White House Offer for Special Funding Treatment

www.nytimes.com

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Robert L. Tsai @robertltsai.bsky.social · 2d

“if the public can't believe what law enforcement is saying then law enforcement probably can't depend on the cooperation of citizens to report information to them accurately”

NPR @npr.org · 2d

ICE claims assaults on its officers are up sharply since June. There's no public evidence that number is true.

White House claims "more than 1,000%" rise in assaults on ICE agents, data says otherwise

Immigration and Customs Enforcement officers claim assaults on their officers are up sharply since June. There's no public evidence that number is true.

n.pr

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Reposted by Scott L. Greer, Juan Cole, Robert L. Tsai

NPR @npr.org · 2d

ICE claims assaults on its officers are up sharply since June. There's no public evidence that number is true.

White House claims "more than 1,000%" rise in assaults on ICE agents, data says otherwise

Immigration and Customs Enforcement officers claim assaults on their officers are up sharply since June. There's no public evidence that number is true.

n.pr

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Reposted by Anna O. Law, Anthony Burke, Robert L. Tsai

Lawrence Solum @lsolum.bsky.social · 3d

Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.

Legal Theory Blog

Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!

legaltheoryblog.com

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Robert L. Tsai @robertltsai.bsky.social · 3d

“A macabre joke circulated among staffers: certain elderly justices had gotten fed up with being awakened in the middle of the night by prisoners trying to halt their execution.”

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Robert L. Tsai @robertltsai.bsky.social · 3d

“In 1989, [Justice] Powell's committee produced a set of recommendations [to restrict habeas corpus], which Senator Strom Thurmond introduced as legislation … Aides on Capitol Hill had a nickname for the project: ‘Fry Them Faster.’” amzn.to/45LFzNg

Demand the Impossible: One Lawyer's Pursuit of Equal Justice for All

amzn.to

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Robert L. Tsai @robertltsai.bsky.social · 4d

don’t you just love anonymous cop pouts

Robert L. Tsai @robertltsai.bsky.social · 4d

lmao

NYPD Cops: ‘I Will Quit If Zohran Is Elected’

Morale among New York City police is sagging, the number of officers has shrunk, and leading mayoral candidate Zohran Mamdani now wants to slash their overtime, writes Olivia Reingold.

www.thefp.com

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Robert L. Tsai @robertltsai.bsky.social · 6d

Deep in the Fairy Pools of Scotland

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Robert L. Tsai @robertltsai.bsky.social · 6d

Once you accept that the Supreme Court behaves as a constitutional policymaking body, you won’t be surprised that originalism is used situationally and strategically—just like every other interpretive approach.

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Robert L. Tsai @robertltsai.bsky.social · 7d

What is the point of the Trump compact? @fishkin.bsky.social: “It is about control. Specifically it is about turning existing federal law, over which the administration has limited control, into terms of a ‘deal’ that offers the government much more control.”

Joey Fishkin @fishkin.bsky.social · 8d

I thought I'd put the administration's proposed "compact" with universities in context, so I wrote the blog post below.

It's especially for journalists covering this story!

Many details about how the compact itself works and why the administration has retreated to this strategy.

Balkinization: The Art of Replacing the Law with the Deal

A group blog on constitutional law, theory, and politics

balkin.blogspot.com

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Robert L. Tsai @robertltsai.bsky.social · 7d

Your point about managerial governance is right but I’d say that both parties believe in elite control—just over different things. I’m with @samuelmoyn.bsky.social that gerontocracy ails the Dem party more than the GOP. There’s some talent but they can’t gain influence fast enough.

Robert L. Tsai @robertltsai.bsky.social · 7d

spot on

Robert L. Tsai @robertltsai.bsky.social · 7d

The Dems are not (yet) a true opposition party

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Robert L. Tsai @robertltsai.bsky.social · 8d

Importantly, the judge in Portland found that the president’s assertion that federal officers could not enforce federal law without the help of the National Guard was “simply untethered to the facts.” storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

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Robert L. Tsai @robertltsai.bsky.social · 8d

Our view is that pro-democracy politics can be mobilized around this type of litigation. bit.ly/46CzS73

Can Judicial Resistance Last?

The law can protect democracy—but only up to a certain point. After that, it’s up to the people. And there’s the challenge.

bit.ly

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Reposted by Stephen M. Walt, Kim L. Scheppele, Lisa W. Fazio , and 24 more Stephen M. Walt, Kim L. Scheppele, Lisa W. Fazio, Norbert Schwarz, Nancy Kanwisher, Brendan Nyhan, Joshua S. Weitz, Tom Clark, Scott L. Greer, Steven S. Smith, Martin Paul Eve, Charles West, Elaine Treharne, Bonnie Honig, James Grimmelmann, Robert C. Richards, David R. Miller, Jacob T. Levy, Margot C. Finn, Michael Jones‐Correa, Kate Starbird, Josh Pasek, Georg Weizsäcker, Robert L. Tsai, Charles T. Mathewes, Adam Sacarny, Kimberly A. Clausing

Joey Fishkin @fishkin.bsky.social · 8d

Balkinization: The Art of Replacing the Law with the Deal

A group blog on constitutional law, theory, and politics

balkin.blogspot.com

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Robert L. Tsai @robertltsai.bsky.social · 8d

Even so, the bottom line:

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Robert L. Tsai @robertltsai.bsky.social · 8d

We identify a few areas where the risks of litigation (win or lose) might push the pro-democracy conversation in a positive direction. But we think that flooding the zone with lawsuits, which happened during Trump’s first term, is unlikely to be productive.

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Robert L. Tsai @robertltsai.bsky.social · 8d

On balance, we think pessimists have the better argument, but we present a middle ground by identifying two things that judges can—if the stars align—do to help democracy. But: risky because historically litigation has produced a lot of terrible decisions and reinforced anti-democratic practices.

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Robert L. Tsai @robertltsai.bsky.social · 8d

We point out that commentators can be classified as “judicial optimists” or “judicial pessimists,” each position with great insight but also some flaws.

Robert L. Tsai @robertltsai.bsky.social · 8d

“The more important question, and one to which we do not yet know the answer, is how Trump’s disputes with judges will play out in the Supreme Court or where it matters the most—with the electorate as a whole.”

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