Lightnews — Scholar-powered news

Reposted by Robert L. Tsai

Robert L. Tsai @robertltsai.bsky.social · 3d

My new essay (with Bojan Bugaric): “How long can judicial resistance last when it is to come from unelected lower court judges, if it comes at all? We believe that the momentary flurry of judicial activity is fool’s gold.”

Can Judicial Resistance Last?

The law can protect democracy—but only up to a certain point. After that, it’s up to the people. And there’s the challenge.

democracyjournal.org

3 17 53

Reposted by Robert L. Tsai

Robert L. Tsai @robertltsai.bsky.social · 1d

Deep in the Fairy Pools of Scotland

3 28

Reposted by Robert L. Tsai

Robert L. Tsai @robertltsai.bsky.social · 3d

Our view is that pro-democracy politics can be mobilized around this type of litigation. bit.ly/46CzS73

Can Judicial Resistance Last?

The law can protect democracy—but only up to a certain point. After that, it’s up to the people. And there’s the challenge.

bit.ly

2 5 13

Reposted by Robert L. Tsai

Robert L. Tsai @robertltsai.bsky.social · 1d

Once you accept that the Supreme Court behaves as a constitutional policymaking body, you won’t be surprised that originalism is used situationally and strategically—just like every other interpretive approach.

2 13 53

Robert L. Tsai @robertltsai.bsky.social · 1d

Deep in the Fairy Pools of Scotland

3 28

Robert L. Tsai @robertltsai.bsky.social · 1d

Once you accept that the Supreme Court behaves as a constitutional policymaking body, you won’t be surprised that originalism is used situationally and strategically—just like every other interpretive approach.

2 13 53

Reposted by Robert L. Tsai

Robert L. Tsai @robertltsai.bsky.social · 2d

What is the point of the Trump compact? @fishkin.bsky.social: “It is about control. Specifically it is about turning existing federal law, over which the administration has limited control, into terms of a ‘deal’ that offers the government much more control.”

Joey Fishkin @fishkin.bsky.social · 3d

I thought I'd put the administration's proposed "compact" with universities in context, so I wrote the blog post below.

It's especially for journalists covering this story!

Many details about how the compact itself works and why the administration has retreated to this strategy.

Balkinization: The Art of Replacing the Law with the Deal

A group blog on constitutional law, theory, and politics

balkin.blogspot.com

4 10

Robert L. Tsai @robertltsai.bsky.social · 2d

What is the point of the Trump compact? @fishkin.bsky.social: “It is about control. Specifically it is about turning existing federal law, over which the administration has limited control, into terms of a ‘deal’ that offers the government much more control.”

Joey Fishkin @fishkin.bsky.social · 3d

I thought I'd put the administration's proposed "compact" with universities in context, so I wrote the blog post below.

It's especially for journalists covering this story!

Many details about how the compact itself works and why the administration has retreated to this strategy.

Balkinization: The Art of Replacing the Law with the Deal

A group blog on constitutional law, theory, and politics

balkin.blogspot.com

4 10

Robert L. Tsai @robertltsai.bsky.social · 2d

Your point about managerial governance is right but I’d say that both parties believe in elite control—just over different things. I’m with @samuelmoyn.bsky.social that gerontocracy ails the Dem party more than the GOP. There’s some talent but they can’t gain influence fast enough.

1

Robert L. Tsai @robertltsai.bsky.social · 2d

spot on

3

Robert L. Tsai @robertltsai.bsky.social · 2d

The Dems are not (yet) a true opposition party

1 2

Reposted by Robert L. Tsai

Robert L. Tsai @robertltsai.bsky.social · 3d

1 11 33

Reposted by Robert L. Tsai

Dr Jackie Turvey Tait @jaxtait.bsky.social · 3d

Worth reading in full but TL:DR
Great constitutional design is not enough to secure the rule of law in perpetuity. Defending democracy from rising fascist populism is a political & cultural problem. It needs leadership & organisation in politics & civil society. The courts can't do this work alone.

Robert L. Tsai @robertltsai.bsky.social · 3d

Our view is that pro-democracy politics can be mobilized around this type of litigation. bit.ly/46CzS73

Can Judicial Resistance Last?

The law can protect democracy—but only up to a certain point. After that, it’s up to the people. And there’s the challenge.

bit.ly

1 10 19

Robert L. Tsai @robertltsai.bsky.social · 3d

Importantly, the judge in Portland found that the president’s assertion that federal officers could not enforce federal law without the help of the National Guard was “simply untethered to the facts.” storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

2 11

Robert L. Tsai @robertltsai.bsky.social · 3d

Our view is that pro-democracy politics can be mobilized around this type of litigation. bit.ly/46CzS73

Can Judicial Resistance Last?

The law can protect democracy—but only up to a certain point. After that, it’s up to the people. And there’s the challenge.

bit.ly

2 5 13

Robert L. Tsai @robertltsai.bsky.social · 3d

1 11 33

Reposted by Robert L. Tsai

Robert L. Tsai @robertltsai.bsky.social · 3d

Even so, the bottom line:

1 4 7

Reposted by Robert L. Tsai

Universal Dalchico @dalchico.bsky.social · 3d

Good piece and thread

Robert L. Tsai @robertltsai.bsky.social · 3d

My new essay (with Bojan Bugaric): “How long can judicial resistance last when it is to come from unelected lower court judges, if it comes at all? We believe that the momentary flurry of judicial activity is fool’s gold.”

Can Judicial Resistance Last?

The law can protect democracy—but only up to a certain point. After that, it’s up to the people. And there’s the challenge.

democracyjournal.org

1 3

Robert L. Tsai @robertltsai.bsky.social · 3d

Even so, the bottom line:

1 4 7

Robert L. Tsai @robertltsai.bsky.social · 3d

We identify a few areas where the risks of litigation (win or lose) might push the pro-democracy conversation in a positive direction. But we think that flooding the zone with lawsuits, which happened during Trump’s first term, is unlikely to be productive.

1 1

Robert L. Tsai @robertltsai.bsky.social · 3d

On balance, we think pessimists have the better argument, but we present a middle ground by identifying two things that judges can—if the stars align—do to help democracy. But: risky because historically litigation has produced a lot of terrible decisions and reinforced anti-democratic practices.

1 1

Robert L. Tsai @robertltsai.bsky.social · 3d

We point out that commentators can be classified as “judicial optimists” or “judicial pessimists,” each position with great insight but also some flaws.

1

Robert L. Tsai @robertltsai.bsky.social · 3d

“The more important question, and one to which we do not yet know the answer, is how Trump’s disputes with judges will play out in the Supreme Court or where it matters the most—with the electorate as a whole.”

2 1

Robert L. Tsai @robertltsai.bsky.social · 3d

My new essay (with Bojan Bugaric): “How long can judicial resistance last when it is to come from unelected lower court judges, if it comes at all? We believe that the momentary flurry of judicial activity is fool’s gold.”

Can Judicial Resistance Last?

The law can protect democracy—but only up to a certain point. After that, it’s up to the people. And there’s the challenge.

democracyjournal.org

3 17 53

Reposted by Robert L. Tsai

Robert L. Tsai @robertltsai.bsky.social · 4d

Any university that tries to punish members of its community for words that “belittle and even spark violence against conservative ideas”—a vague standard—no longer deserves to be called a university.

1 4 16