Dell C. "DC" Toedt III
@dctoedt.bsky.social
Now: (Mostly:) Part-time law prof. (course: advanced contract drafting); tech/IP attorney. Before: BigLaw partner, GC of public software company. TX, CA bars. Ex-Navy (USS Enterprise nuke SWO). Last name pronounced "Tate." https://www.OnContracts.com/About
This person lost me at "Treason" (more so at "high treason").
Y'know, hoss, even those of us who share your anger will be inclined to dismiss *you* as unreliable if you keep making hyperbolic statements like that.
Y'know, hoss, even those of us who share your anger will be inclined to dismiss *you* as unreliable if you keep making hyperbolic statements like that.
Treason - everyone who was involved in the below - to the top - should be charged with high treason ASAP
Time for us to keep waiting on them - because the only time they get even close to truth, they just gonna bury it.
We have screenshots, and they caught.
Court NOW should be next step.
Time for us to keep waiting on them - because the only time they get even close to truth, they just gonna bury it.
We have screenshots, and they caught.
Court NOW should be next step.
The DOJ released thousands of numerically labeled Epstein files yesterday.
In one file was a photo of Trump with young girls.
As of this morning, that file EFTA00000468 is now missing from the DOJ website.
They deleted it.
#CoverUp
In one file was a photo of Trump with young girls.
As of this morning, that file EFTA00000468 is now missing from the DOJ website.
They deleted it.
#CoverUp
December 20, 2025 at 7:36 PM
This person lost me at "Treason" (more so at "high treason").
Y'know, hoss, even those of us who share your anger will be inclined to dismiss *you* as unreliable if you keep making hyperbolic statements like that.
Y'know, hoss, even those of us who share your anger will be inclined to dismiss *you* as unreliable if you keep making hyperbolic statements like that.
Reposted by Dell C. "DC" Toedt III
You have to read to the 23d and 24th grafs of the Times story on Trump's big drug-price "deals" to see that they're basically hype. www.nytimes.com/2025/12/19/h....
December 20, 2025 at 12:22 PM
You have to read to the 23d and 24th grafs of the Times story on Trump's big drug-price "deals" to see that they're basically hype. www.nytimes.com/2025/12/19/h....
In updating my coursebook for next semester, I'm having occasion to record something I've said to clients for years:
In court, truth is a happy accident — what matters is *evidence*.
(And of course, who has the burden of proof, and what presuppositions are in the fact-finder's mind(s).)
In court, truth is a happy accident — what matters is *evidence*.
(And of course, who has the burden of proof, and what presuppositions are in the fact-finder's mind(s).)
December 20, 2025 at 12:39 PM
In updating my coursebook for next semester, I'm having occasion to record something I've said to clients for years:
In court, truth is a happy accident — what matters is *evidence*.
(And of course, who has the burden of proof, and what presuppositions are in the fact-finder's mind(s).)
In court, truth is a happy accident — what matters is *evidence*.
(And of course, who has the burden of proof, and what presuppositions are in the fact-finder's mind(s).)
Reposted by Dell C. "DC" Toedt III
Two questions:
1. If Trump via executive order changed the name of the country to “The United States of Trump,” would anyone be surprised?
2. And if he did do that, would any Republican or any conservative media talking head condemn it or try to stop it?
Be honest.
1. If Trump via executive order changed the name of the country to “The United States of Trump,” would anyone be surprised?
2. And if he did do that, would any Republican or any conservative media talking head condemn it or try to stop it?
Be honest.
December 19, 2025 at 12:40 PM
Two questions:
1. If Trump via executive order changed the name of the country to “The United States of Trump,” would anyone be surprised?
2. And if he did do that, would any Republican or any conservative media talking head condemn it or try to stop it?
Be honest.
1. If Trump via executive order changed the name of the country to “The United States of Trump,” would anyone be surprised?
2. And if he did do that, would any Republican or any conservative media talking head condemn it or try to stop it?
Be honest.
5th Cir.: Company's arbitration agreement clearly required both employee and company's signatures. Company inadvertently didn't sign, so arb. not required — and class action lawsuit can go forwardd. (Mertens v. Benelux Corp.) #Contracts #ContractDrafting
law.justia.com/cases/federa...
law.justia.com/cases/federa...
Mertens v. Benelux Corporation, No. 24-50954 (5th Cir. 2025)
Several individuals who worked as waitstaff at a club operated by Benelux Corporation brought a lawsuit in 2024, alleging violations of the Fair Labor Standards Act. In 2020, Benelux had distributed an arbitration agreement to its employees. The agreement included two signature boxes—one for the employee and one for Benelux’s representative—and stated that by signing, both parties represented that they had read and understood the agreement and agreed to be bound by its terms. One employee, Cadena, signed both signature boxes, but Benelux’s general manager did not sign the agreement due to an oversight.
law.justia.com
December 18, 2025 at 3:44 PM
5th Cir.: Company's arbitration agreement clearly required both employee and company's signatures. Company inadvertently didn't sign, so arb. not required — and class action lawsuit can go forwardd. (Mertens v. Benelux Corp.) #Contracts #ContractDrafting
law.justia.com/cases/federa...
law.justia.com/cases/federa...
When I read that Trump's speech would interrupt the Survivor season finale, I remembered the Heidi Game in 1968. NBC switched from the end of a brutal Raiders-Jets game to show the movie Heidi. Then the Raiders came back to win w/ 2 TDs in the final minute.
en.wikipedia.org/wiki/Heidi_G...
en.wikipedia.org/wiki/Heidi_G...
Heidi Game - Wikipedia
en.wikipedia.org
December 18, 2025 at 2:53 AM
When I read that Trump's speech would interrupt the Survivor season finale, I remembered the Heidi Game in 1968. NBC switched from the end of a brutal Raiders-Jets game to show the movie Heidi. Then the Raiders came back to win w/ 2 TDs in the final minute.
en.wikipedia.org/wiki/Heidi_G...
en.wikipedia.org/wiki/Heidi_G...
Reposted by Dell C. "DC" Toedt III
I couldn’t be more embarrassed for the people who put this man in power…
December 17, 2025 at 8:21 PM
I couldn’t be more embarrassed for the people who put this man in power…
Reposted by Dell C. "DC" Toedt III
Trump has the maturity of a 12-year-old. www.the-independent.com/news/world/a...
White House adds insulting plaques below Biden and Obama portraits
Newest additions appear to be part of the administration’s ongoing ‘troll’ campaign against former presidents and Trump’s opponents
www.the-independent.com
December 17, 2025 at 7:22 PM
Trump has the maturity of a 12-year-old. www.the-independent.com/news/world/a...
Re congressional supremacy: Congress + president have the power to strip federal courts of appellate jurisdiction over particular issues, under the Exceptions and Regs Clause in Art. III.
It's analogous to Congress's power to overturn a presidential veto by a supermajority vote alone.
It's analogous to Congress's power to overturn a presidential veto by a supermajority vote alone.
December 17, 2025 at 11:45 AM
Re congressional supremacy: Congress + president have the power to strip federal courts of appellate jurisdiction over particular issues, under the Exceptions and Regs Clause in Art. III.
It's analogous to Congress's power to overturn a presidential veto by a supermajority vote alone.
It's analogous to Congress's power to overturn a presidential veto by a supermajority vote alone.
FTA: ""Proponents of the unitary executive theory call it necessary for presidential accountability. This is backward. ... Or perhaps [the Framers] were mistaken and it is [Chief Justice] Roberts — and the conservative legal community — which understands the true scope of presidential power."
December 17, 2025 at 11:29 AM
FTA: ""Proponents of the unitary executive theory call it necessary for presidential accountability. This is backward. ... Or perhaps [the Framers] were mistaken and it is [Chief Justice] Roberts — and the conservative legal community — which understands the true scope of presidential power."
Sierra Hotel! FTA: "Trump filed the lawsuit in 2022 after the board refused to revoke 2018 Pulitzer awards from The New York Times and The Washington Post for 'perpetuating the absurdly false and defamatory narrative'" about Russia's involvement in the 2016 election.
December 17, 2025 at 1:27 AM
Sierra Hotel! FTA: "Trump filed the lawsuit in 2022 after the board refused to revoke 2018 Pulitzer awards from The New York Times and The Washington Post for 'perpetuating the absurdly false and defamatory narrative'" about Russia's involvement in the 2016 election.
Reposted by Dell C. "DC" Toedt III
One of the biggest moments of my career:
USCIS canceled my client’s naturalization oath ceremony. We filed a lawsuit, went to trial, and the judge swore him in right there in the courtroom!
USCIS canceled my client’s naturalization oath ceremony. We filed a lawsuit, went to trial, and the judge swore him in right there in the courtroom!
December 16, 2025 at 3:21 PM
One of the biggest moments of my career:
USCIS canceled my client’s naturalization oath ceremony. We filed a lawsuit, went to trial, and the judge swore him in right there in the courtroom!
USCIS canceled my client’s naturalization oath ceremony. We filed a lawsuit, went to trial, and the judge swore him in right there in the courtroom!
I got completely suckered by this — well DONE @jerryedwards.bsky.social!
I don't know, Aaron. I think we need to take this seriously. In fact, after surveying hundreds of years of history in the past few days, I've written an article assessing the originalist case here:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
December 16, 2025 at 12:36 PM
I got completely suckered by this — well DONE @jerryedwards.bsky.social!
Reposted by Dell C. "DC" Toedt III
Today, Rep. Don Beyer, Sen. Peter Welch and I are introducing a bill to expand ranked choice voting to all elections for Congress. RCV assures that winners have majority support, no candidate acts as a “spoiler,” and the voting process favors positive coalition-building.
December 10, 2025 at 2:57 PM
Today, Rep. Don Beyer, Sen. Peter Welch and I are introducing a bill to expand ranked choice voting to all elections for Congress. RCV assures that winners have majority support, no candidate acts as a “spoiler,” and the voting process favors positive coalition-building.
Assuming arguendo that we ~need~ a theory to refute the "unitary executive" theory, then how about this: The "executive Power" is: whatever the Congress says it is — Article II's Take Care Clause is certainly less capacious than Article I's Necessary & Proper Clause.
www.nytimes.com/2025/12/09/o...
www.nytimes.com/2025/12/09/o...
Opinion | At the Supreme Court, Scenes From a Judicial Backlash
www.nytimes.com
December 10, 2025 at 3:19 PM
Assuming arguendo that we ~need~ a theory to refute the "unitary executive" theory, then how about this: The "executive Power" is: whatever the Congress says it is — Article II's Take Care Clause is certainly less capacious than Article I's Necessary & Proper Clause.
www.nytimes.com/2025/12/09/o...
www.nytimes.com/2025/12/09/o...
FTA: "While the measure cannot overturn Citizens United, it proposes the next best step, removing corporations’ authority to engage in political activities in the first place."
🚨YOU LOVE TO SEE IT: Colorado AG @philweiser.bsky.social is pressing to use state law to redefine corporate powers and repeal Citizens United in Colorado — a replica of the plan being pushed in Montana.
Weiser is running for governor. Here’s his oped with Rep.
@javiermabrey.bsky.social.
Weiser is running for governor. Here’s his oped with Rep.
@javiermabrey.bsky.social.
The creative way Colorado can work around Citizens United to keep big money’s corporate influence out of politics (Opinion)
“We must reduce the influence of big money in our politics so that elected officials work for the people, not special interests.” — Phil Weiser and Javier Mabry
www.denverpost.com
December 10, 2025 at 3:06 PM
FTA: "While the measure cannot overturn Citizens United, it proposes the next best step, removing corporations’ authority to engage in political activities in the first place."
Always focusing on the most-important priorities!
FTA: "The department under Blinken ... had switched to Calibri, a modern sans-serif font, saying this was a more accessible font for people with disabilities ...."
(Not The Onion.)
FTA: "The department under Blinken ... had switched to Calibri, a modern sans-serif font, saying this was a more accessible font for people with disabilities ...."
(Not The Onion.)
Marco Rubio ordered diplomats to return to using Times New Roman font in official communications, calling his predecessor's decision to adopt Calibri a “wasteful” diversity move
Rubio Stages Font Coup: Times New Roman Ousts Calibri
The secretary of state called it a "wasteful" diversity move, according to an internal department cable seen by Reuters.
www.huffpost.com
December 10, 2025 at 11:34 AM
Always focusing on the most-important priorities!
FTA: "The department under Blinken ... had switched to Calibri, a modern sans-serif font, saying this was a more accessible font for people with disabilities ...."
(Not The Onion.)
FTA: "The department under Blinken ... had switched to Calibri, a modern sans-serif font, saying this was a more accessible font for people with disabilities ...."
(Not The Onion.)
Reposted by Dell C. "DC" Toedt III
The Take Care Clause was a byproduct of the lessons learned from the Glorious Revolution that the executive should not be able to dispense with the law promulgated by the legislature. It was not a constitutional provision to empower the executive branch— but to constrain it!
December 8, 2025 at 3:32 PM
The Take Care Clause was a byproduct of the lessons learned from the Glorious Revolution that the executive should not be able to dispense with the law promulgated by the legislature. It was not a constitutional provision to empower the executive branch— but to constrain it!
Reposted by Dell C. "DC" Toedt III
Democrat living in Texas here. There are tons of us all over the state fighting Abbott, Patrick, and Paxton. Writing us off doesn’t help.
December 9, 2025 at 12:38 PM
Democrat living in Texas here. There are tons of us all over the state fighting Abbott, Patrick, and Paxton. Writing us off doesn’t help.
Reposted by Dell C. "DC" Toedt III
“Supreme Court reform is now the sine qua non of any reformist program in the United States, any program to re-implant/re-secure civic democracy in the United States.” talkingpointsmemo.com/edblog/court...
Court Reform: Breaking the Corrupt Rule of the Six GOPers Is Everything
I’ve become something of a broken record on this. But repetition sometimes...
talkingpointsmemo.com
December 8, 2025 at 8:30 PM
“Supreme Court reform is now the sine qua non of any reformist program in the United States, any program to re-implant/re-secure civic democracy in the United States.” talkingpointsmemo.com/edblog/court...
Reposted by Dell C. "DC" Toedt III
This is a wild, wild story.
How mysterious Texas surveillance network is reshaping traffic stops in Texas
The Bexar County Sheriff’s Office case provides a rare inside look that illustrates nearly everything critics say is wrong with the practice of stopping and searching motorists.
www.houstonchronicle.com
December 8, 2025 at 6:40 PM
This is a wild, wild story.
Reposted by Dell C. "DC" Toedt III
The Trump administration has made me a flagrant moralist in a way that has led me to tossing aside years of snark, and you know, I'm good with that. It's time to talk about what being a good person means; about why it's good to signal virtue, why it's good to press for values, not spectacle.
we all got cowed into avoiding "virtue signaling" as if the public affirmation of socially agreed upon ethical principles was somehow cringey instead of a significant part of what a "society" even is. now all there's left is vice signaling, and it's reshaping society.
December 8, 2025 at 6:20 PM
The Trump administration has made me a flagrant moralist in a way that has led me to tossing aside years of snark, and you know, I'm good with that. It's time to talk about what being a good person means; about why it's good to signal virtue, why it's good to press for values, not spectacle.
Reposted by Dell C. "DC" Toedt III
If they go for this, then it will establish legal precedent for the "spoils system"--the "to the victor belong the spoils of the enemy"--the thing where a president controls all offices of government and doles them out in exchange for loyalty or large sums of money. Corruption, in other words.
December 8, 2025 at 6:22 PM
If they go for this, then it will establish legal precedent for the "spoils system"--the "to the victor belong the spoils of the enemy"--the thing where a president controls all offices of government and doles them out in exchange for loyalty or large sums of money. Corruption, in other words.
Reposted by Dell C. "DC" Toedt III
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 7:18 PM
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