Jonathan H. Adler
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jadler1969.bsky.social
Jonathan H. Adler
@jadler1969.bsky.social

Father, Husband, W&M LawProf, guy with opinions; @chkbal co-founder;
@volokhc.bsky.social contributor;
Law before policy before politics;
Philly sports always;
'the cowbell of Twitter'-N. Schulz
typos are part of the brand. .. more

Jonathan H. Adler is a conservative American legal commentator and law professor at William & Mary Law School. He has been recognized as one of the most cited professors in the field of environmental law. His research is also credited with inspiring litigation that challenged the Obama Administration's implementation of the Affordable Care Act, resulting in the Supreme Court's decision in King v. Burwell. .. more

Economics 28%
Law 23%
THREAD: Verified videos of anti-establishment protests currently unfolding in Iran

Protesters push back police and security forces on Tehran's Jomhouri Street.

Location: maps.app.goo.gl/LKZH6YbnT2WE...

@geoconfirmed.org

Do I have to?

"You think your pain and your heartbreak are unprecedented in the history of the world, but then you read."
-- James Baldwin

Reposted by Jonathan H. Adler

Some people think the "reasonable expectation of privacy" test in Fourth Amendment law is just made up, and that it's inconsistent with the constitutional text and original public meaning.

They're wrong.

I explain why in this 2022 article, "Katz as Originalism":
papers.ssrn.com/sol3/papers....

Agree if reference is to "the constitution." I think that's less clear when the reference is to specific provisions (though to your point, here reference was to 14A, not a specific section or clause).

That all makes sense. I just took "The Amendment says what it says," to indicate something narrower.

But i took your first tweet to indicate that the law is what the Constitutional text says, not how courts interpret it. Did i misunderstand? And if "what it says" is not about text, what's it about?

So text and OPM trump Supreme Court decisions?
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this @jadler1969.bsky.social post is a great summary of the Frost-Eason paper’s findings

reason.com/volokh/2025/...

And?

There are also examples of cases that the administration deliberately slow walked in ways that suggest they were trying to keep them from getting to SCOTUS too quickly.

Last time I ran the numbers there were over 400 suits brought against the government and approximately 120 adverse decisions in District Courts of which approximately two dozen were brought to scotus.

There are several relevant populations worth comparing them to:
- administration actions (some of which can't be challenged)
- cases challenging administration actions
- administration losses in district courts

Yes. Those were the cases that came before the court because the SG brought them before the court, and the SG chose approximately 1 in 6 cases to bring before the court and chose carefully.

And I have at length before.

It just means that the significance of the Court's early judgments and the uniformity of results didn't have the implications that many people claimed (but that doesnt mean they were decided correctly).

What I mean is that they are not representative of the cases that have been brought against the administration, nor are they representative of cases likely to ultimately come before the Court.

Look man, you're the empiricist. I'm just the guy making casual observations.

I agree.

They were a small fraction of the cases the administration lost in the district courts (about 1/6) and a disproportionate share of those were filed in carefully chosen districts.

Today's decision in Trump v Illinois is the second Trump Administration loss on the interim docket this week. It's almost as if the administration's early victories were not a representative sample.

x.com

Bad news
Love the kinder, gentler social media site

Reposted by Jonathan H. Adler

A unanimous D.C. Circuit panel clears the way for Trump's deployment of National Guard troops in Washington, D.C., staying a lower court's order that foudn the deployment illegal. The panel

Millett: Obama
Rao: Trump
Katsas Trump.

storage.courtlistener.com/recap/gov.us...