Jim Oleske
@jimoleske.bsky.social
6.2K followers 950 following 250 posts
Professor, Lewis & Clark Law School. Teach constitutional law and torts, write on religious liberty and equal protection.
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jimoleske.bsky.social
The next four years are certain to bring increased challenges to public accommodations laws, with arguments both new and old.

Here's a recent essay addressing a Lochner-era-inspired argument that has repeatedly been offered to the Court, and is likely to be back: papers.ssrn.com/sol3/papers....
jimoleske.bsky.social
Nicely played (but a bit puzzled by the "Last Crusade" watermark).
Reposted by Jim Oleske
Reposted by Jim Oleske
jimoleske.bsky.social
The "& deployment" part of your description above is inaccurate.

The second TRO, prohibiting deployment, remains in place, as explained by the Ninth Circuit:
An administrative stay of the October 4 temporary restraining order will maintain the federalization of Oregon National Guard members, because that order prohibits implementation of the Memorandum. Additionally, the second temporary restraining order has not been challenged or appealed, and it prohibits the deployment of National Guard members in Oregon. Thus, the effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed
jimoleske.bsky.social
Further explanation of the "remain federalized but can't be deployed" line in Julia's post below:

The Ninth Circuit's order makes clear it is *not* a stay of Judge Immergut's second temporary restraining order, just the first.
An administrative stay of the October 4 temporary restraining order will maintain the federalization of Oregon National Guard members, because that order prohibits implementation of the Memorandum. Additionally, the second temporary restraining order has not been challenged or appealed, and it prohibits the deployment of National Guard members in Oregon. Thus, the effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed
Reposted by Jim Oleske
coreyryung.bsky.social
Americans are being far too complacent about masked government agents in unmarked vehicles grabbing people and taking them to unknown destinations.
unraveledpress.com
(shared with permission) ICE/CBP has been active on Chicago's northwest side this morning—and also met with rapid responders.

Agents reportedly abducted one man from this Dunkin at Belmont and Milwaukee around 9:30am before speeding off.
Reposted by Jim Oleske
jackjenkins.me
Reporter's notebook: I actually began working on this story shortly after footage of the incident showed up last month.

But by the time I finally got ahold of folks, the story grew: 2 *other* faith leaders I spoke with *also* reported being shot w/pepper balls while protesting this ICE facility.
jackjenkins.me
Gonna be thinking about this lede for a minute.
(RNS) — Last month, the Rev. David Black stood in front of a Chicago-area U.S. Immigration and Customs Enforcement facility and spread his arms wide. Adorned in all black and wearing a clerical collar, the pastor looked up at a group of masked, heavily armed ICE agents on the roof and began to pray.

“I invited them to repentance,” Black, a minister in the Presbyterian Church (USA), said in an interview. “I basically offered an altar call. I invited them to come and receive that salvation, and be part of the kingdom that is coming.”

But when Black began to lower his arms a few seconds later, the agents responded to his spiritual plea by firing pepper balls, or chemical agents that cause eye irritation and respiratory distress, video footage shows. One struck Black in the head, exploding into a puff of white pepper smoke and forcing him to his knees. Fellow demonstrators rushed to his aid, and as the pastor rubbed his face in pain, the agents continued to fire.

“We could hear them laughing,” Black said.
Reposted by Jim Oleske
rmfifthcircuit.bsky.social
I am never going to be a fan of a politician. That way lies disappointment. But Pritzker right now is the person I think is calibrating it right.

This isn’t negotiating about social security with W. You either get that or you don’t.
govpritzker.illinois.gov
If you come for my people, you come through me.
Reposted by Jim Oleske
…the bigger significance of the Oregon decision, it seems to me, was the (Trump-appointed) judge’s willingness to say that the Administration is saying things that are just flatly untrue, such that it loses the case even on a deferential standard.

(2/5)
jimoleske.bsky.social
Caveat: The Shore is pretty much all pork roll territory
Reposted by Jim Oleske
courtneyvaughn.bsky.social
Streets are still closed off in front of the Portland ICE facility at 8:30pm. Protesters have gathered on a side street. Dance party in progress.
Reposted by Jim Oleske
wyden.senate.gov
Portland is so peaceful Republicans had to go all the way to South America to find photos from years ago for their bad memes.
robertmackey.bsky.social
The Oregon Republican Party tried to help Donald Trump make the case for military intervention in Portland with an image of a fiery protest — but since Portland is calm, they had to fabricate one by merging old photos of police in Ecuador and protesters in Brazil www.theguardian.com/us-news/2025...
Republicans post fake image of Oregon protest – using photos of South America
A federal judge had blocked Trump’s request to deploy California national guard to Portland
www.theguardian.com
Reposted by Jim Oleske
jennchavez.bsky.social
“When a Guardian reporter pointed out on social media that the image was not a genuine photograph of the generally small & tame protests outside the Immigration and Customs Enforcement field office in Portland, the Oregon Republican Party’s X account replied: ‘We’re not reporters, just bad memers.‘”
robertmackey.bsky.social
The Oregon Republican Party tried to help Donald Trump make the case for military intervention in Portland with an image of a fiery protest — but since Portland is calm, they had to fabricate one by merging old photos of police in Ecuador and protesters in Brazil www.theguardian.com/us-news/2025...
Republicans post fake image of Oregon protest – using photos of South America
A federal judge had blocked Trump’s request to deploy California national guard to Portland
www.theguardian.com
Reposted by Jim Oleske
portlandmercury.com
In response to an investigation launched by the federal government into the Portland Police Bureau’s policing practices at the local ICE facility, the city attorney shot back, laying out a pattern of excessive force used on protesters, and favoritism toward conservative streamers by federal police.
Portland City Attorney to US DOJ: “Please Do Not Fail America”
Portland’s city attorney says federal police are brutalizing protesters, and the government is weaponizing its longstanding settlement agreement with the city. In response to an investigation launched...
www.portlandmercury.com
Reposted by Jim Oleske
Reposted by Jim Oleske
…the thing is, none of that is true. There’s order and normal life in Portland. And the judge was willing to say so. That is, she was willing to say, directly, that the President of the United States is saying things that just aren’t true.

(8/18)
Reposted by Jim Oleske
anthonymkreis.bsky.social
You usually don’t ponder whether an insurrection is happening as a Plan B.
atrupar.com
Trump "We have an Insurrection Act for a reason. If I had to enact it, I'd to that ... if courts were holding us up or governors or mayors were holding us up, sure, I'd do that."
Reposted by Jim Oleske
rgoodlaw.bsky.social
"At the Pentagon, some military lawyers, including international law experts within DoD’s Office of General Counsel, have raised concerns about the legality of the lethal strikes on suspected drug traffickers....

Multiple current and former JAGs ... told CNN that the strikes do not appear lawful."
Exclusive: Classified Justice Department opinion authorizes strikes on secret list of cartels, sources say | CNN Politics
The Trump administration has produced a classified legal opinion that justifies lethal strikes against a secret and expansive list of cartels and suspected drug traffickers, according to multiple peop...
www.cnn.com
Reposted by Jim Oleske
anthonymkreis.bsky.social
The president does not have this power. He’s acting unconstitutionally to commit crimes against humanity— murder on the high seas.

Lest it be forgotten, the president may be immune re: official acts (assuming these are), but subordinates committing extrajudicial executions are not so entitled.
carlquintanilla.bsky.social
“.. it appears to justify an open-ended war against a secret list of groups, giving the president power to designate drug traffickers as enemy combatants and have them summarily killed without legal review.”

@cnn.com
www.cnn.com/2025/10/06/p...
Reposted by Jim Oleske
gowder.io
Good summary of the state of play on Kavanaugh Stops (aka ice detentions based solely on race)
tusk81.bsky.social
“Gregory Bovino, the officer in charge of roving immigration enforcement in American cities, admitted this week that his agents arrest people based on ‘how they look.’” slate.com/news-and-pol...