Nicholas Bagley
@nbagley.bsky.social
University of Michigan Law Professor
Reposted by Nicholas Bagley
Now, following last week's elections, Democrats are talking seriously about retaking the Senate. This is one of the states to watch.
@citizencohn.bsky.social breaks down the Michigan Democratic Senate primary in the latest edition of The Breakdown: www.thebulwark.com/p/michigan-s...
@citizencohn.bsky.social breaks down the Michigan Democratic Senate primary in the latest edition of The Breakdown: www.thebulwark.com/p/michigan-s...
November 10, 2025 at 10:06 PM
Now, following last week's elections, Democrats are talking seriously about retaking the Senate. This is one of the states to watch.
@citizencohn.bsky.social breaks down the Michigan Democratic Senate primary in the latest edition of The Breakdown: www.thebulwark.com/p/michigan-s...
@citizencohn.bsky.social breaks down the Michigan Democratic Senate primary in the latest edition of The Breakdown: www.thebulwark.com/p/michigan-s...
Reposted by Nicholas Bagley
The technical term is shitshow. But it's much worse than that. www.washingtonpost.com/health/2025/...
CDC director being ousted weeks into job
Susan Monarez, a longtime federal government scientist, was confirmed by the Senate in late July to lead the Centers for Disease Control and Prevention.
www.washingtonpost.com
August 27, 2025 at 8:42 PM
The technical term is shitshow. But it's much worse than that. www.washingtonpost.com/health/2025/...
Reposted by Nicholas Bagley
This, from FDR's 1936 convention speech bears repeating, as always, but especially now:
"Governments can err, Presidents do make mistakes, but the immortal Dante tells us that divine justice weighs the sins of the cold-blooded and the sins of the warm-hearted in different scales. . . . (1/3)
"Governments can err, Presidents do make mistakes, but the immortal Dante tells us that divine justice weighs the sins of the cold-blooded and the sins of the warm-hearted in different scales. . . . (1/3)
August 22, 2025 at 2:57 PM
This, from FDR's 1936 convention speech bears repeating, as always, but especially now:
"Governments can err, Presidents do make mistakes, but the immortal Dante tells us that divine justice weighs the sins of the cold-blooded and the sins of the warm-hearted in different scales. . . . (1/3)
"Governments can err, Presidents do make mistakes, but the immortal Dante tells us that divine justice weighs the sins of the cold-blooded and the sins of the warm-hearted in different scales. . . . (1/3)
Reposted by Nicholas Bagley
As the ABA discusses the proposal to double the required number of experiential credits, here's a very informative and timely paper from Chilton, Joy, and Rozema. papers.ssrn.com/sol3/papers....
It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.
It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.
August 22, 2025 at 6:37 AM
As the ABA discusses the proposal to double the required number of experiential credits, here's a very informative and timely paper from Chilton, Joy, and Rozema. papers.ssrn.com/sol3/papers....
It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.
It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.
Reposted by Nicholas Bagley
A quick 🧵 on this ruling, which as Steve notes, effectively requires grant recipients challenging grant freezes/cancellations in two fora - Federal Claims to recoup wrongfully withheld grants, and District Court to challenge the policy/basis on which the admin is illegally withholding grants ...
TL;DR: 5 justices say Trump doesn't have to immediately restore the funding, but 5 *also* signal that the underlying directives are unlawful.
That sends a fairly strong (if mixed) message that Trump will lose these cases *eventually,* but only once they're brought in the Court of Federal Claims.
That sends a fairly strong (if mixed) message that Trump will lose these cases *eventually,* but only once they're brought in the Court of Federal Claims.
Splitting 5-4 (with Chief Justice Roberts joining the three Democratic appointees in dissent), #SCOTUS grants *partial* stay to Trump administration in NIH funding case; holds that challenges to grant terminations (but *not* the underlying guidance) need to be filed in the Court of Federal Claims:
August 21, 2025 at 9:05 PM
A quick 🧵 on this ruling, which as Steve notes, effectively requires grant recipients challenging grant freezes/cancellations in two fora - Federal Claims to recoup wrongfully withheld grants, and District Court to challenge the policy/basis on which the admin is illegally withholding grants ...
Reposted by Nicholas Bagley
A really informative piece.
My new article in @theconversation.com today explains what's going on at the vaccine court under RFK, Jr.'s HHS leadership.
Yes, it's alarming, but it's also complicated.
Yes, it's alarming, but it's also complicated.
RFK Jr.’s plans to overhaul ‘vaccine court’ system would face legal and scientific challenges
The 40-year-old ‘vaccine court’ relies on scientific evidence to determine whether a person experienced harm from a routine vaccination.
theconversation.com
August 15, 2025 at 2:56 PM
A really informative piece.
Reposted by Nicholas Bagley
I don't even know what to say anymore. People are going to get sick, suffer, and die because of this decision and so many others -- all because we handed the keys of the health department over to anti-vax zealots.
"The U.S. Department of Health and Human Services (HHS) today announced the beginning of a coordinated wind-down of its mRNA vaccine development activities...."
cc: Sen. Bill Cassidy
cc: Sen. Bill Cassidy
August 5, 2025 at 10:13 PM
I don't even know what to say anymore. People are going to get sick, suffer, and die because of this decision and so many others -- all because we handed the keys of the health department over to anti-vax zealots.
Reposted by Nicholas Bagley
This is so great for Ann Arbor.
At twenty-three years old, I was elected to the Ann Arbor District Library Board with big goals. Just three years later, we secured a new downtown library! Proposals A and B passed — WE DID IT! #A2Council 🧵
August 6, 2025 at 11:28 AM
This is so great for Ann Arbor.
Reposted by Nicholas Bagley
Ann Arbor friends -- if you haven't yet voted, remember to cast your ballots today and vote YES on Proposals A and B.
I just voted YES on Proposals A and B! Ann Arbor, I want to live in a community that prioritizes education, empowerment, and ingenuity. For zero new tax dollars, we can build a bigger, better library space for everyone. Join me in voting YES by 8 PM today! #A2Council
August 5, 2025 at 12:37 PM
Ann Arbor friends -- if you haven't yet voted, remember to cast your ballots today and vote YES on Proposals A and B.
Oh god this, yes a thousand times this. I will respect you vastly more if the piece is 15k words, not 30k, I promise.
An observation: US public law scholarship is way too long. For so many articles, it's like the author has picked a topic and wants to tell us everything they think about the topic, rather than focusing on making an argument, telling an insightful story, etc. Even very prominent pieces do this.
August 5, 2025 at 12:54 AM
Oh god this, yes a thousand times this. I will respect you vastly more if the piece is 15k words, not 30k, I promise.
Reposted by Nicholas Bagley
Part of this is the distortion created by social media. We have lost all sense of prevalence, which we've been misled, often deliberately and spectacularly, into conflating with visibility and virality. This is an existential threat to human problem-solving.
This is not the most damning thing in the review, but I think is the most profound. Those involved in what is essentially cultural criticism are uninterested in the scale and impact of the things they critique. For those who care about governing and institutions, the differences are glaring.
August 4, 2025 at 4:28 PM
Part of this is the distortion created by social media. We have lost all sense of prevalence, which we've been misled, often deliberately and spectacularly, into conflating with visibility and virality. This is an existential threat to human problem-solving.
Reposted by Nicholas Bagley
YES. THIS.
#SCOTUS may not be directly responsible for what's happening right now in Texas.
But the Court's 5-4 2019 ruling in Rucho necessarily cleared the way for legislatures in at least some states to race to the bottom when it comes to maximizing partisan political advantage.
Me, in today's "One First":
But the Court's 5-4 2019 ruling in Rucho necessarily cleared the way for legislatures in at least some states to race to the bottom when it comes to maximizing partisan political advantage.
Me, in today's "One First":
171. Partisan Gerrymandering After Rucho
The Supreme Court isn't responsible for partisan gerrymandering. But current events in Texas underscore how much its 2019 ruling in Rucho has left (some) states free to radically abuse the practice.
www.stevevladeck.com
August 4, 2025 at 12:49 PM
YES. THIS.
The Michigan @aclu.org is looking to hire a senior staff attorney. These jobs don't come around that often, and they've got a great team -- wanted to make sure folk saw it!
www.aclumich.org/en/jobs/staf...
www.aclumich.org/en/jobs/staf...
Staff Attorney / Senior Staff Attorney
For nearly 100 years, the ACLU has been at the forefront of every major civil liberties fight in our country’s history. Whether it’s reducing the prison and jail population, achieving full equality
www.aclumich.org
July 26, 2025 at 9:18 PM
The Michigan @aclu.org is looking to hire a senior staff attorney. These jobs don't come around that often, and they've got a great team -- wanted to make sure folk saw it!
www.aclumich.org/en/jobs/staf...
www.aclumich.org/en/jobs/staf...
"A case that was about PrEP turned into a case that was about every preventive service except PrEP—only to become, in a roundabout way, a case about PrEP again. And maybe also wearables." My latest in the New Eng J Medicine, via @dividedargument.bsky.social: blog.dividedargument.com/p/less-prep-...
Less PrEP, More Fitbits?
What Braidwood means for the future of preventive care
blog.dividedargument.com
July 24, 2025 at 1:03 PM
"A case that was about PrEP turned into a case that was about every preventive service except PrEP—only to become, in a roundabout way, a case about PrEP again. And maybe also wearables." My latest in the New Eng J Medicine, via @dividedargument.bsky.social: blog.dividedargument.com/p/less-prep-...
Reposted by Nicholas Bagley
I AM SHRIEKING 💀🤣
Forget the statue at City Hall, this guy is the *real* Spirit of Detroit. 🫡
Forget the statue at City Hall, this guy is the *real* Spirit of Detroit. 🫡
July 22, 2025 at 7:16 PM
I AM SHRIEKING 💀🤣
Forget the statue at City Hall, this guy is the *real* Spirit of Detroit. 🫡
Forget the statue at City Hall, this guy is the *real* Spirit of Detroit. 🫡
Reposted by Nicholas Bagley
"I Watched It Happen in Hungary. Now It's Happening Here." (gift link) www.nytimes.com/2025/07/23/o...
Opinion | I Watched It Happen in Hungary. Now It’s Happening Here.
www.nytimes.com
July 23, 2025 at 12:56 PM
"I Watched It Happen in Hungary. Now It's Happening Here." (gift link) www.nytimes.com/2025/07/23/o...
very smart thoughts on the slow-motion decay of the filibuster
The rescission bill is the next step in the creeping death of the Senate filibuster -- a process that has accelerated in this administration. But it also is likely to provoke a bit of short- to medium-term chaos. A thread. www.notus.org/congress/app...
The Appropriations Process Was Already Broken. The Rescission Bill May Have Just Shattered It.
“It will undermine our trust in the system, because Republicans can vote for one thing one day and then collude with President Trump to take it out the next,” Sen. Chris Van Hollen said.
www.notus.org
July 18, 2025 at 12:16 PM
very smart thoughts on the slow-motion decay of the filibuster
Reposted by Nicholas Bagley
Today’s district court ruling shows that Trump’s birthright citizenship EO remains vulnerable even after SCOTUS’s ruling in Trump v. CASA. Lawyers representing babies born after Feb. 20, 2025 and subject to Trump’s order can move forward with a class action.
www.nytimes.com/2025/07/10/u...
www.nytimes.com/2025/07/10/u...
Judge Blocks Trump’s Birthright Citizenship Order in Class-Action Challenge
www.nytimes.com
July 10, 2025 at 5:00 PM
Today’s district court ruling shows that Trump’s birthright citizenship EO remains vulnerable even after SCOTUS’s ruling in Trump v. CASA. Lawyers representing babies born after Feb. 20, 2025 and subject to Trump’s order can move forward with a class action.
www.nytimes.com/2025/07/10/u...
www.nytimes.com/2025/07/10/u...
Reposted by Nicholas Bagley
Our member @nbagley.bsky.social's comments about the Supreme Court ruling on the HHS secretary's ability to pick the members of the US Preventive Services Task Force are cited in this @cnn.com story about the cancellation of the task force's planned meeting today:
www.cnn.com/2025/07/09/h...
www.cnn.com/2025/07/09/h...
HHS abruptly calls off meeting of expert panel on preventive care, raising questions about its future | CNN
The US Department of Health and Human Services called off an upcoming meeting of expert advisers on preventive health care, raising questions about the future of the longtime nonpolitical advisory gro...
www.cnn.com
July 10, 2025 at 2:29 PM
Our member @nbagley.bsky.social's comments about the Supreme Court ruling on the HHS secretary's ability to pick the members of the US Preventive Services Task Force are cited in this @cnn.com story about the cancellation of the task force's planned meeting today:
www.cnn.com/2025/07/09/h...
www.cnn.com/2025/07/09/h...
Reposted by Nicholas Bagley
The Opposite of Doom
anti-doomer sentence of the day: "Globally, roughly a third more power is being generated from the sun this spring than last"
www.newyorker.com/news/annals-...
www.newyorker.com/news/annals-...
4.6 Billion Years On, the Sun Is Having a Moment
In the past two years, without much notice, solar power has begun to truly transform the world’s energy system.
www.newyorker.com
July 9, 2025 at 11:51 PM
The Opposite of Doom
Reposted by Nicholas Bagley
It has been overshadowed because the law is silly and there’s so much other lawlessness, but there is no legal justification whatsoever for the president deeming this not to be an enforceable law, and companies relying on that representation do so at their peril.
The original second term power grab. Without protest. www.nytimes.com/2025/07/03/u...
Trump Claims Sweeping Power to Nullify Laws, Letters on TikTok Ban Show
www.nytimes.com
July 4, 2025 at 12:42 PM
It has been overshadowed because the law is silly and there’s so much other lawlessness, but there is no legal justification whatsoever for the president deeming this not to be an enforceable law, and companies relying on that representation do so at their peril.
Reposted by Nicholas Bagley
So glad Gov. Whitmer is highlighting the effect Medicaid cuts will have not only on the millions of people who lose their health care, but also on *entire regional economies* michiganadvance.com/2025/07/02/w...
July 3, 2025 at 2:00 PM
So glad Gov. Whitmer is highlighting the effect Medicaid cuts will have not only on the millions of people who lose their health care, but also on *entire regional economies* michiganadvance.com/2025/07/02/w...
Reposted by Nicholas Bagley
🚨🚨 Medicaid contributes more to Houston's local economy than the CHEMICAL INDUSTRY. It contributes almost 2x as much to LA as the MOVIE INDUSTRY. We are talking about DECIMATING local economies when we talk about cutting Medicaid 🚨🚨
bsky.app/profile/robe...
bsky.app/profile/robe...
Put another way, Medicaid contributes roughly as much to Detroit's economy than car manufacturing, more to Houston than the chemical industry, almost twice as much to Los Angeles as motion picture production--these are big numbers!
July 3, 2025 at 1:41 PM
🚨🚨 Medicaid contributes more to Houston's local economy than the CHEMICAL INDUSTRY. It contributes almost 2x as much to LA as the MOVIE INDUSTRY. We are talking about DECIMATING local economies when we talk about cutting Medicaid 🚨🚨
bsky.app/profile/robe...
bsky.app/profile/robe...
Reposted by Nicholas Bagley
🚨 Medicaid contributes as much to metro Detroit's economy as THE AUTO INDUSTRY 🚨
July 3, 2025 at 1:36 PM
🚨 Medicaid contributes as much to metro Detroit's economy as THE AUTO INDUSTRY 🚨