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Reposted by Kevin Cope

Rick Hasen @rickhasen.bsky.social · 7d

“An Expert-Sourced Measure of Judicial Ideology” electionlawblog.org?p=152327

"An Expert-Sourced Measure of Judicial Ideology" #ELB

Kevin Cope has written this article for Political Analysis. Abstract: This article develops the first dynamic method for systematically estimating the ideologies and other traits of nearly the entire ...

electionlawblog.org

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Reposted by Kevin Cope

Andy Tseng @andytseng.bsky.social · Jun 6

U.S. democracy faces threats, but a strong press, courts, federalism, and civic groups give hope. Let’s hope @kevinlcope.bsky.social and Mila Versteeg are right about the resilience of U.S. democracy.
#Democracy #USPol #Judiciary #USConstitution

American Democracy Still Has a Lot Going for It

A distinct set of six institutions and traditions makes the country hard to subjugate to an authoritarian’s will.

www.theatlantic.com

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Kevin Cope @kevinlcope.bsky.social · May 28

EOs must also conform to the Constitution. Thus, the court-ordered injunctions against many of Trump's in recent weeks, including today. www.nytimes.com/2025/05/27/u...

Judge Strikes Down Trump Order Targeting WilmerHale

www.nytimes.com

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Kevin Cope @kevinlcope.bsky.social · May 26

My op-ed in the Atlantic this morning with Mila Versteeg was originally called “Why American Democracy is Harder to Break.” And I really do believe that’s true. But as we say in the article, that can’t be an excuse for complacency.

The Atlantic @theatlantic.com · May 26

“America is more resilient than many may fear. Unlike countries where democracy has recently unraveled, the United States displays at least six exceptional traits that are protecting it from the Trump-led assault,” Mila Versteeg and @kevinlcope.bsky.social write:

America’s Democracy Is Still Resilient

A distinct set of six institutions and traditions make the country hard to subjugate to an authoritarian’s will.

bit.ly

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Reposted by Kevin Cope

Thomas Frampton @tframpton.bsky.social · May 12

For those assuming this is just attempt to summarize the holding of U.S. v. Snyder (2024) . . . that's not even what the Court held. "Bribes," as prohibited by 18 U.S.C. sec. 666, require a "quid pro quo"; at no point did the Court suggest that "corrupt" carried that same meaning.

Eric Lipton NYT @ericlipton.nytimes.com · May 12

Corruption requires explict quid pro quo. It is not corrupt to take an action that aligns with the interest of a person who gives you a gift, unless the official action was in direct response to that gift--a bribe. Terms matter. Accuracy and fairness matters. Regardless of what social media wants.

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Reposted by Kevin Cope

UVA Law School @uvalaw.bsky.social · May 8

Prof. @kevinlcope.bsky.social discusses #SCOTUS rulings that govern students’ First Amendment rights.

Alexandria City Public Schools debates future policy for student journalists

Alexandria City High School students who run the over 70-year-old Theogony newspaper say the school should adopt a less restrictive policy.

www.wvtf.org

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Kevin Cope @kevinlcope.bsky.social · May 7

Celebrating the Confederacy is despicable, but Virginia’s stripping Confederate groups of tax exemptions probably violates the 1st Amendment. I talked to @radioiq.bsky.social about the issue yesterday.

UVA Law School @uvalaw.bsky.social · May 7

Prof. @kevinlcope.bsky.social discusses legislation that would roll back tax-exempt status for Confederate heritage organizations in Virginia.

Youngkin vetoes Confederate tax break roll back, but 1A scholar says that might be best

Del. Alex Askew’s effort passed the 2025 session along party lines, but Governor Glenn Youngkin vetoed it over the weekend saying, “narrowly targeting specific organizations to gain or lose such tax e...

www.wvtf.org

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Kevin Cope @kevinlcope.bsky.social · Apr 28

Richmond City Council prohibits any resident speaker from *mentioning* Mayor @dannyavula.bsky.social’s name during meetings!

The @richmond.com Times-Dispatch asked me whether that’s unconstitutional. Short answer: most certainly yes. richmond.com/news/local/g...

City Council's actions during public comment likely violate First Amendment, lawyers say

City Council President Cynthia Newbille says the body's rules of procedure prohibit members of the public from referencing public officials when giving their remarks.

richmond.com

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Reposted by Kevin Cope

People’s Parity Project @peoplesparity.bsky.social · Apr 21

👉 1/3 Capitulation to Trump is not the only option ahead for Big Law, writes Rachel Cohen and Kevin Cope @kevinlcope.bsky.social, former Skadden attorneys. Here are two others:

slate.com/news-and-pol...

There’s Only One Real Way to Reverse Big Law’s Capitulation to Trump

We are former attorneys of the law firm Skadden, Arps; one of us recently resigned a position over Skadden’s capitulation to a threatened executive order.

slate.com

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Reposted by Kevin Cope

Thomas Frampton @tframpton.bsky.social · Apr 17

Good stuff from my colleague @kevinlcope.bsky.social and Rachel Cohen:

slate.com/news-and-pol...

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Kevin Cope @kevinlcope.bsky.social · Apr 17

In this op-ed with @cohen489.bsky.social just published on @slate.com, we explain how law students and junior lawyers may have a unique power to fight and end the #BigLaw firm EO crisis. slate.com/news-and-pol... @uvalaw.bsky.social

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Kevin Cope @kevinlcope.bsky.social · Apr 6

My amazing wife Mila Versteeg was quoted in the @nytimes.com today on the prospect of a Trump 3rd term: "Mila Versteeg, a law professor at [@uvalaw.bsky.social] and the study’s lead author, said such leaders try to wrap their power grabs in the veneer of legality." www.nytimes.com/2025/04/06/u...

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Kevin Cope @kevinlcope.bsky.social · Apr 3

I'm proud to be part of this statement released by 68 @uvalaw.bsky.social faculty colleagues, on the recent executive orders and administration actions. tinyurl.com/statementof6...

It's great to see so many law colleagues speaking up for the rule of law & the legal profession.

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Kevin Cope @kevinlcope.bsky.social · Feb 13

right after the two current vacancies are filled; ideological change in the courts is usually much more incremental,” Cope added."

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Kevin Cope @kevinlcope.bsky.social · Feb 13

"Cope said measuring a court “flipping” by active judges ignores the significant number of senior judges who decide panel cases. “[I]t’s unlikely that we’ll see a jurisprudential sea change ...

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Kevin Cope @kevinlcope.bsky.social · Feb 13

"“Unlike with recent Supreme Court appointees, circuit judge records don’t clearly break along appointing-president lines," he added. "In fact, there are some Republican-president appointees with more liberal records than some Democratic-president appointees and vice versa.”"

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Kevin Cope @kevinlcope.bsky.social · Feb 13

"Cope doesn’t expect Trump’s additions this time around to have a significant impact on case outcomes in the Third Circuit. He said shifting partisan control in circuit courts doesn’t alter case outcomes like a change in the U.S. Supreme Court’s composition does."

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Kevin Cope @kevinlcope.bsky.social · Feb 13

whereas a number of Trump appointees in other circuits are turning out to be unusually right-of-center, the Third Circuit appointees are thus far proving to be run-of-the-mill conservative judges, with Matey appearing
possibly the most moderate.”"

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Kevin Cope @kevinlcope.bsky.social · Feb 13

with -1 being liberal and +1 being conservative. The average score of Trump’s four Third Circuit appointees is slightly lower, at 0.24. “The Third Circuit appointees are actually pretty typical of the Trump circuit appointees generally,” Cope stated in an email. “That said, ...

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Kevin Cope @kevinlcope.bsky.social · Feb 13

is based on qualitative evaluations by a representative sample of thousands of lawyers and legal experts familiar with the judges’ performance on the bench."

"He said the average JuDJIS score of Trump’s 54 appellate court appointees is 0.25, ...

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Kevin Cope @kevinlcope.bsky.social · Feb 13

"Cope developed a new way to look at the ideological bent of a judge, called Jurist-Derived Judicial Ideology Scores. The score, assigned to nearly all Article III judges serving since the 1990s, ...

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Kevin Cope @kevinlcope.bsky.social · Feb 13

It's paywalled, but "Kevin Cope, a University of Virginia School of Law professor, said that, according to data he has collected, Trump’s four Third Circuit judges don’t appear to be as conservative as some of his picks on other courts....

Trump Gets Second Shot at Flipping the 3rd Circuit. What Might its Future Look Like?

Gregg Nunziata, executive director of the Society for the Rule of Law, said there are open questions about what the future of the court will look like, given uncertainties about Trump’s judicial selection approach.

www.law.com

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Kevin Cope @kevinlcope.bsky.social · Feb 13

The National Law Journal gives my take on Trump's coming impact on the Third Circuit. Also has some new @judjis.bsky.social data! www.judjis.org

www.law.com/nationallawj...

Trump Gets Second Shot at Flipping the 3rd Circuit. What Might its Future Look Like?

Gregg Nunziata, executive director of the Society for the Rule of Law, said there are open questions about what the future of the court will look like, given uncertainties about Trump’s judicial selection approach.

www.law.com

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Kevin Cope @kevinlcope.bsky.social · Dec 29

I grade class participation, not out of paternalism, but because the classroom experience is richer for everyone when people engage. But I know this doesn’t work as well in bigger lectures. I find it makes a big difference in attendance and engagement.

Kevin Cope @kevinlcope.bsky.social · Dec 12

Alas, you could be right.