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Nate Ela

@nateela.bsky.social

2.2K followers 630 following 760 posts

Law prof + sociologist at @TempleLaw. Property, land, cities, democracy. Philly (no longer quite so) newbie. nateela.net | SSRN: bit.ly/ElaSSRN (Views are mine, not those of any institution.)

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Nate Ela @nateela.bsky.social · Nov 15

Here’s a piece on how we could get from here to multiparty democracy in the U-S-A, via state courts. Revising some this month, all ears 👂if you have thoughts… papers.ssrn.com/sol3/papers....

A Path to Multiparty Democracy

Americans are sick of the two-party system. Yet in almost every state, a crucial ballot access restriction denies them any meaningful alternative. A century ago

papers.ssrn.com

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Reposted by Nate Ela

Ben Heath @jbentonheath.bsky.social · 12h

I’m giving a talk at @brooklynlawschool.bsky.social on Friday about the Compact as an example of domestic economic warfare. So naturally @himself.bsky.social scoops
me in the NY Times! My talk will argue that more experts in economic warfare need to start thinking about how the war comes home.

Henry Farrell @himself.bsky.social · 16h

"It wanted to signal strength. Instead, it’s revealing its weakness. The administration’s need to break the academy is forcing it to make a desperately risky gamble." www.nytimes.com/2025/10/08/o...

Opinion | You Beat Trumpism by Banding Together. It’s as Hard and as Simple as That.

www.nytimes.com

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Nate Ela @nateela.bsky.social · 1d

Corn starch with a cloying dose of corn syrup, yum!

Nate Ela @nateela.bsky.social · 2d

A *lot* could happen between now and Thursday morning, when the court has set its hearing.

We may learn what Pritzker means by Illinois using every lever at its disposal to fight back…

Updates from NYTimes reporters:

10 minutes ago
Julie Bosman:
Gov. JB Pritzker of Illinois said the state would use every lever at its disposal to fight back against the Trump administration's deployment of the Texas National Guard to Illinois, which the governor at a news conference called an "unconstitutional invasion of Illinois by the federal government."

16 minutes ago
Mitch Smith:
In an emergency hearing, a federal judge declined to immediately block President Trump's deployment of National Guard troops to Chicago, as state and local officials had requested in a lawsuit filed this morning. She set a hearing for the issue on Thursday. Troops from Texas are on their way, according to a military official.

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Matthew Stiegler @matthewstiegler.bsky.social · 2d

A top Trump official accusing federal district court judges, "as a class," of engaging in insurrection is a profoundly dangerous development.

Matthew Stiegler @matthewstiegler.bsky.social · 2d

❗❗❗

Stephen Miller: "It's simply a factually accurate statement that when a judge assumes for him- or herself the powers that have been relegated or delegated by the Constitution to the president, that that is a form of illegal insurrection." ...

Aaron Rupar @atrupar.com · 2d

Q: You called the judge's ruling 'legal insurrection.' Are you recommending the president take action against judges who rule against him?

STEPHEN MILLER: No. It's simply a factually accurate statement

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Nate Ela @nateela.bsky.social · 2d

Reminds me of the first draft of SB 83, as initially presented to Ohio public unis. According to that, first violation of ban on "divisive concepts" = loss of 25% of state funds. Second = 50% cut. Third strike = campus zero'd out. OH legislators wised up and redrafted.

This is even more draconian.

Ben Heath @jbentonheath.bsky.social · 2d

This post is excellent, and the best coverage of the "compact" that I've seen so far. @fishkin.bsky.social is the only person I've read so far who understands that the most important part of the compact is this (final) paragraph, which is mostly ignored in the reporting & in the takes.

Adherence to this agreement shall be subject to review by the Department of Justice. Universities
found to have willfully or negligently violated this agreement shall lose access to the benefits of this
agreement for a period of no less than 1 year. Subsequent violations of this agreement shall result in a loss
of access to the benefits of this agreement for no less than 2 years. Further, upon determination of any
violations, all monies advanced by the U.S. government during the year of any violation shall be returned
to the U.S. government. Finally, any private contributions to the university during the year(s) in which such
violation occurred shall be returned to the grantor upon the request of the grantor.

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Nate Ela @nateela.bsky.social · 2d

38 minutes ago
Eric Schmitt Reporting on the U.S. military
The first group of about 200 Texas National Guard solders is en route to Chicago, a U.S. military official said on Monday. Defense Secretary Pete Hegseth on Sunday federalized 400 members of the the state's National Guard, with the support of Gov. Greg Abbott of Texas, to support federal law enforcement officials in Chicago and Portland.

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Nate Ela @nateela.bsky.social · 3d

www.fourriversexplorer.com/fort-defianc...

Fort Defiance Park - Four Rivers Explorer

Fort Defiance Park in Cairo, Illinois, marks one of the world’s most important river confluences – the Ohio and Mississippi. On a typical day, 4.4 million gallons of water merge at Fort Defiance ever...

www.fourriversexplorer.com

Nate Ela @nateela.bsky.social · 3d

Crazy to think someone in Pritzker's office has run tabletop exercises, some perhaps leading not just to standoffs in court but also on the I-55 bridge from MO to East St. Louis, w/ IL guard blocking TX guard.

Less likely, but perhaps more fitting, if that were to happen at Fort Defiance.

A civil war map of the city of Cairo, IL and Camp Defiance, with accompanying text that reads "Camp Defiance was commissioned in 1861 to provide defense against a potential attack from the Confederacy. A line of sentries was posted along the Mississippi River levee upstream 20 miles form Cairo. Boats were stopped and searched for goods being shipped south the to rebels. Forty pieces of artillery were in position and 5,000 men were being trained at the site. The Illinois Central Railroad stopped in Cairo and reportedly could provide 50,000 men in 24 hours' notice if provoked by the South."

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Nate Ela @nateela.bsky.social · 3d

This seems correct, and also brave. Especially considering what Miller has been tweeting out about district court judges, and that a judge's house in SC appears to have blown up earlier today.

Anna Bower @annabower.bsky.social · 3d

Immergut: I'm handling this on expedited basis, but defendants haven't provided new info.

SHE RULES FROM THE BENCH: I grant the plaintiffs motion for a second TRO based on reasons stated in previous order...

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Nate Ela @nateela.bsky.social · 3d

may the phone gods smile and bless the many connections, for lo, there is much to deliberate tonight

Reposted by Nate Ela

Governor Gavin Newsom @governor.ca.gov · 3d

This is a breathtaking abuse of the law and power by the President of the United States.

America is on the brink of martial law.

Do not be silent.

Governor JB Pritzker @govpritzker.illinois.gov · 3d

This evening, President Trump is ordering 400 members of the Texas National Guard for deployments to Illinois, Oregon, and other locations within the United States. No officials from the federal government called me directly to discuss or coordinate.

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Nate Ela @nateela.bsky.social · 3d

Taking a few minutes to figure out wtf to do about the secretary of defense ordering TX nat'l guard to invade OR seems... reasonable?

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Nate Ela @nateela.bsky.social · 3d

Kyle Cheney @kyledcheney.bsky.social · 3d

UPDATE: Hegseth today called up 400 members of the Texas National Guard, with Gov. Abbott's apparent permission, to be deployed "where needed, including in the cities of Portland and Chicago." www.politico.com/news/2025/10...

Nate Ela @nateela.bsky.social · 3d

5) judge starts emergency hearing late, presumably b/c reading secretary of defense's order calling up TX nat'l guard to invade Portland/Oregon

Kate Riga @kateriga.bsky.social · 3d

1) Trump-appointed judge rules admin cannot deploy Oregon National Guard to Portland 2) Trump admin deploys California Guard there instead, circumventing her ruling 3) CA joins Portland/Oregon in filing for a second temporary restraining order 4) judge schedules emergency hearing (about to start)

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Yashar Ali 🐘 @yasharali.bsky.social · 3d

Statement from Illinois Governor JB Pritzker

This evening, President Trump is ordering 400 members of the Texas National Guard for deployments to Illinois, Oregon, and other locations within the United States. No officials from the federal government called me directly to discuss or coordinate.
We must now start calling this what it is: Trump's Invasion. It started with federal agents, it will soon include deploying federalized members of the Illinois National Guard against our wishes, and it will now involve sending in another state's military troops.
I call on Governor Abbott to immediately withdraw any support for this decision and refuse to coordinate. There is no reason a President should send military troops into a sovereign state without their knowledge, consent, or cooperation.
The brave men and women who serve in our national guards must not be used as political props. This is a moment where every American must speak up and help stop this madness.

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Nate Ela @nateela.bsky.social · 3d

Here I was, thinking that they've stayed away so far for fear of pissing off the suburbs in a purple state... and instead this probably the real reason:

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Brendan Nyhan @brendannyhan.bsky.social · 3d

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Nate Ela @nateela.bsky.social · 4d

Tfw the bros waiting an hour for cheesesteaks start cheering for your daughter’s soccer team and they’re not even obnoxious

#southphillylife
#gophils
#gobirds
#gobros

Nate Ela @nateela.bsky.social · 4d

Wow

Reposted by Nate Ela

Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 4d

Pritzker says the Trump admin is about to deploy the National Guard in Chicago.

Governor JB Pritzker @govpritzker.illinois.gov · 4d

This morning, the Trump Administration’s Department of War gave me an ultimatum: call up your troops, or we will. It is absolutely outrageous and un-American to demand a Governor send military troops within our own borders and against our will.

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Deborah Hellman @hellmandeborah.bsky.social · 4d

If you an alum of one of the schools that the Trump administration just made an "offer" for preferential treatment to, please sign this petition to indicate that as an alum you do not believe your school should trade its independence for special treatment. alumni.controlshift.app/petitions/tr...

STAND WITH YOUR SCHOOL: Trump attacks 9 universities. Sign the alumni petition now.

Are you an alum from one of the 9 schools Trump just attacked? Sign this alumni petition now to support your school, defend democracy, and build a grassroots movement for campus freedom across America...

alumni.controlshift.app

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Nate Ela @nateela.bsky.social · 4d

The Law of How It Happened Here

Veena Dubal @veenadubal.bsky.social · 4d

If we get through this, someone should write a casebook based on all the lawsuits filed against the Trump administration, divided up into different areas of law: 1st A, APA, Civil Rights Act, INA, 10th A, NLRA, Just Cause, etc. Would be fascinating.

Nate Ela @nateela.bsky.social · 4d

I once proposed, while working at a policy shop, that cities consider taxing meat, like some tax sugary drinks or states tax gas & cigarettes. People thought I was joking, then basically laughed when I said I wasn’t. 🤷‍♂️

David Ho @davidho.bsky.social · 4d

Meat is a blind spot for people who care about climate. When I used to have dinner with my colleague Wally Broecker, the climate scientist who coined the term “global warming”, he would always order a steak.

The climate movement’s biggest weakness

What the climate movement is getting dead wrong.

www.vox.com

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Dan Farbman @danfarbman.bsky.social · 5d

So strange when judges applying clear and well-settled law seem to part of “the resistance.” It might be time to start calling resistance to the administration “conservative”…because that is what these kinds of opinions are in outlook and result.

Kyle Cheney @kyledcheney.bsky.social · 5d

BREAKING: The 1st Circuit Court of Appeals, in a 100-page opinion -- says it is unequivocally, lopsidedly easy to determine that the Trump administration's view of birthright citizenship is wrong.

www.documentcloud.org/documents/26...

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Nate Ela @nateela.bsky.social · 5d

Good to see Barron writing this one.

Kyle Cheney @kyledcheney.bsky.social · 5d