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Blake Emerson

@blakeprof.bsky.social

13K followers 2.1K following 2.2K posts

Professor of Law, UCLA School of Law. Administrative law, political theory. Author: The Public’s Law. Personal views only. https://law.ucla.edu/faculty/faculty-profiles/blake-emerson

law.ucla.edu

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Blake Emerson @blakeprof.bsky.social · Feb 11

THE PUBLIC’S LAW is out now in paperback. The book identifies the dangers of the plebiscitary presidency and develops a participatory alternative grounded in the Progressives’ democratic transformation of Hegelian state theory. global.oup.com/academic/pro...

Picture of Blake Emerson, The Public’s Law.

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Matt Novak @paleofuture.bsky.social · 6h

Trump just posted what looks like an old DOJ memo about President Kennedy’s use of the National Guard in Alabama to desegregate schools in 1963.

It’s a gross comparison, given the fact that Trump is basically George Wallace and he wants to use the Guard to invade cities, not advance civil rights.

Trump: U.S. Code. Those provisions authorize the President, when faced with such unlawful obstructions against the authority of the United States as existed in Alabama, to "call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary" (10
U.S.C. § 332) and to use
"the militia or the armed forces,
or both, or
• other means" (10 U.S.C. $ 333). The
militia of the United States includes the national guard, meaning the Army National Guard and the Air National Guard of the several states. 10 U.S.C. § 311 and $ 101 (9), (10), (12) .
In furtherance of the President's order the Secretary of Defense immediately called into active military service all of the units and members of the Army National Guard and Air National Guard of the State of Alabama to serve in the active military service of the United States for an indefinite period and until relieved by appropriate orders.
This call was transmitted by the Secretary of the Army, acting by direction of, and under delegation of authority from, the Secretary of Defense.
Copies of the Department
of the Army message (No. D.A. 340638, June 11, 1963) were furnished immediately to the Governor of Alabama and to the commanding officers of the Army National Guard and the Air National Guard of the State of Alabama.
It is apparent that the Alabama National Guard was properly called into federal service pursuant to 10 U.S.C.
§5 332-4, and in accordance with the procedure provided in those sections. Since the call to federal service did not invoke the authority of 10 U.S.C. $ 3500, referred to by Mr. Bowen, the procedure prescribed by that section was
not
used.
I trust that the foregoing information will be of
assistance to you.
Sincerely,
¡enera.
299 ReTruths 819 Likes
10/7/25,

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Blake Emerson @blakeprof.bsky.social · 6h

Why jacket so small pant so big?

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Blake Emerson @blakeprof.bsky.social · 6h

I like the ad. He needs better tailoring

Chuck Schumer @schumer.senate.gov · 11h

The government is shut down because Trump and the Republicans are hellbent on taking health care away from you.

And they won’t even come to the table to talk to us about it.

This is not about politics. It's about people.

Let’s break it down:

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Reposted by Blake Emerson

Kat Abughazaleh @katmabu.bsky.social · 18h

Today marks the two-year anniversary of the horrific October 7 attack.

As we mourn the 1,218 lives lost that day, let us also keep alive the dream of a lasting peace and a better future for all.

Ceasefire now. Every hostage must come home. And a safer world for everyone.

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Mel Buer @melbuer.bsky.social · 17h

Mark Bray is a brilliant scholar and by all accounts a caring and wonderful educator, and is now moving to Europe because the fascists doxed him and his family

Feels pretty huge that he’s forced to do this—the harassment was bad in ‘16 but I don’t think he’s ever felt compelled to leave the country

Rutgers professor moving to Europe after threats over antifa accusations

Mark Bray says threats intensified after a Turning Point USA petition accused him of promoting political violence

www.theguardian.com

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Blake Emerson @blakeprof.bsky.social · 17h

Congrats! Talk about timely

Blake Emerson @blakeprof.bsky.social · 18h

Winchell’s donut house still standing, notably.

Blake Emerson @blakeprof.bsky.social · 18h

Though it seems to bound up with domestic use of the military and tariffs as a presidential prerogative.

Reposted by Blake Emerson

Lawrence Solum @lsolum.bsky.social · 18h

Shugerman on Removal of Federal Reserve Members

Jed H. Shugerman (Boston University - School of Law) has posted The Fed, Offices as Property, and the Meaning of "Cause" on SSRN. Here is the abstract: The Federal Reserve Act states that "each member shall hold office for a term of fourteen years…

Shugerman on Removal of Federal Reserve Members

Jed H. Shugerman (Boston University - School of Law) has posted The Fed, Offices as Property, and the Meaning of "Cause" on SSRN. Here is the abstract: The Federal Reserve Act states that "each member shall hold office for a term of fourteen years from the expiration of the term of his predecessor, unless sooner removed for cause by the President." 12 U.S.C.

legaltheoryblog.com

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Blake Emerson @blakeprof.bsky.social · 18h

If you want to know more about Vought this NYT The Daily episode from yesterday is great. He’s highly competent and a fanatic

The ‘Grim Reaper’ of the Government Shutdown

www.nytimes.com

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Blake Emerson @blakeprof.bsky.social · 19h

Russ Vought has always wanted to pretend the spending clause, impoundment control act, and civil service laws don’t exist so that he can just slash and burn whatever he likes. Alas, it’s a government of laws and not of Voughts

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Blake Emerson @blakeprof.bsky.social · 19h

Also: don’t sell your soul in general!

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Mother Jones @motherjones.com · 1d

@lataco.bsky.social first began as a blog documenting local Mexican cuisine. Now, it’s an essential reporting powerhouse to the city as Trump’s mass deportation plot unfolds.

Check out the latest from our friends at Reveal: tinyurl.com/4cm2bsdr

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Blake Emerson @blakeprof.bsky.social · 19h

Courtesy of Prof Bagenstos, the statutory provision is 31 USC 1341(c)(2)

(2) Each employee of the United States Government or of a District of Columbia public employer furloughed as a result of a covered lapse in appropriations shall be paid for the period of the lapse in appropriations, and each excepted employee who is required to perform work during a covered lapse in appropriations shall be paid for such work, at the employee's standard rate of pay, at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates, and subject to the enactment of appropriations Acts ending the lapse.

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Blake Emerson @blakeprof.bsky.social · 20h

Is there a us code provision I can look at on this?

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Sam Bagenstos @sbagen.bsky.social · 20h

Feel free to attribute the following to a former OMB General Counsel: The supposed "new legal analysis" is, to use a technical legal term, horseshit. What the law actually says is that when Congress enacts a law ending a lapse, furloughed employees get paid at the earliest date possible. Period.

Aaron Rupar @atrupar.com · 20h

Johnson: "It's true that in previous shutdowns, many or most furloughed employees have been paid for the time they were furloughed, but there is new legal analysis - I don't know the details, I just saw a headline - but there are some legal analysts saying that might not be appropriate or necessary"

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Luke Herrine @lookheron.bsky.social · 22h

I’m back up in @lpeblog.bsky.social today

…

as an antagonist to @beaubaumann.bsky.social in this generative post about thinking bigger in our rebuilding ambitions

lpeproject.org/blog/rebuild...

Rebuilding State Authority In A Post-Trump America

In the ruins of the administrative state after Trump, many on the left see an opportunity to design a New Deal-type reconstruction agenda. But building state capacity requires a government that is…

lpeproject.org

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Jamal Greene @jamalgreene.bsky.social · 20h

Just so. www.insidehighered.com/opinion/view...

A Compact for Control (opinion)

No self-respecting institution of higher education should accept the Trump administration’s unconstitutional terms, Robert Post and Tom Ginsburg write.

www.insidehighered.com

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James Goodwin @jamesgoodwin.bsky.social · 22h

Self-recommending from @beaubaumann.bsky.social. "To wrest the hearts and minds of Americans away from the unitary executive and towards a truly democratic foundation for the administrative state, reconstruction must be centered on representation." lpeproject.org/blog/rebuild...

Rebuilding State Authority In A Post-Trump America

In the ruins of the administrative state after Trump, many on the left see an opportunity to design a New Deal-type reconstruction agenda. But building state capacity requires a government that is…

lpeproject.org

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Reposted by Blake Emerson

Asha Rangappa @asharangappa.bsky.social · 1d

We’re in a moment now where it would be worth people taking three hours to watch Gandhi, particularly the scene of the salt march. There is value to making the brutality of your opponent so plain as day that no one can argue with it. The clarity of that brought down an empire

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Blake Emerson @blakeprof.bsky.social · 1d

In 1985, 2005, 2025

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Blake Emerson @blakeprof.bsky.social · 1d

“Pleased” to share grrrr

Blake Emerson @blakeprof.bsky.social · 1d

Alas!

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Blake Emerson @blakeprof.bsky.social · 1d

Please to share the final, citable version of my latest article, The Existential Challenge to the Administrative State, forthcoming in the Georgetown Law Journal. Written mostly before Trump's second term, the paper critiques and responds to the case law that has enabled the current conflagration.

The Existential Challenge to the Administrative State

<div> A set of constitutional claims today strikes at the heart of the administrative authority of the federal government. Claims regarding administrative poli

papers.ssrn.com

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Blake Emerson @blakeprof.bsky.social · 1d

Alas, some people with law degrees, law professors even, also have no problem spouting complete bs about law when it suits their interests in political power