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Sharon Brett

@sharonbrett.bsky.social

960 followers 620 following 210 posts

Associate Professor, University of Kansas School of Law https://law.ku.edu/people/sharon-brett

law.ku.edu

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Sharon Brett @sharonbrett.bsky.social · 5d

My essay on the (very incorrect) Kavanaugh concurrence in Vasquez Perdomo has found a home - coming to NYU Law Review Online in early 2026.

For now, draft available here: papers.ssrn.com/sol3/papers....

Lyons, Remedies, and the Fourth Amendment in Noem v. Vasquez Perdomo

In Noem v. Vasquez Perdomo, the Supreme Court stayed a lower court injunction as part of its increasingly heavy emergency shadow docket. The injunction p

papers.ssrn.com

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Sharon Brett @sharonbrett.bsky.social · 2d

There was! And they got a PI (shortly after SCOTUS’s stay of the PI in the case filed by civilians/community groups).

Sharon Brett @sharonbrett.bsky.social · 5d

@leahlitman.bsky.social @jcschwartzprof.bsky.social @dorfonlaw.bsky.social @williambaude.bsky.social @davidasimon.bsky.social @jdmortenson.bsky.social @anthonymkreis.bsky.social @richardre.bsky.social @richardprimus.bsky.social @stevevladeck.bsky.social

Sharon Brett @sharonbrett.bsky.social · 5d

Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting!

Will work on distributing this to various listservs and blogs, but please share if you are able.

15th Annual Junior Faculty Federal Courts Workshop

April 24, 2026| KU School of Law

law.ku.edu

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Sharon Brett @sharonbrett.bsky.social · 5d

I didn't know about the new joint blogging venture - love it (and dan) and excited to follow yall.

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Sharon Brett @sharonbrett.bsky.social · 5d

Perhaps not to the same degree, but I worry of what is to come, and whether our system of remedies (as interpreted by the courts) is built to withstand it.

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Sharon Brett @sharonbrett.bsky.social · 5d

This is mostly correct. Most law enforcement agencies wouldn't do something this egregious. I do worry, however, that this sort of behavior at the federal level only emboldens state and local police to match course.

John Pfaff @johnpfaff.bsky.social · 6d

Lots of crim legal reformers have been arguing—correctly—that ICE’s behavior that is drawing outrage isn’t *that* much different from lots of routine police actions.

But I think this is. Even the bigger gang raids have not indulged in this magnitude of wanton indiscriminate collective punishment.

Andrew Hazlett @andrewhazlett.bsky.social · 6d

Terrorizing and wrecking an entire 150-unit apartment building--hundreds of people, mostly legal or citizens--to detain 37 people. This should be a much more massive story.

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Sharon Brett @sharonbrett.bsky.social · 5d

I will continue to add to it, since it (unfortunately) seems like there is new evidence in support of my arguments each day. Comments/feedback welcome, in the meantime.

Sharon Brett @sharonbrett.bsky.social · 5d

Lyons, Remedies, and the Fourth Amendment in Noem v. Vasquez Perdomo

In Noem v. Vasquez Perdomo, the Supreme Court stayed a lower court injunction as part of its increasingly heavy emergency shadow docket. The injunction p

papers.ssrn.com

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Sharon Brett @sharonbrett.bsky.social · 6d

Of note, when DOJ backed out of the consent decree negotiation process against CPD in Trump1, the IL attorney general stepped up and sued under a parens patriae theory. Not sure that would work against the feds, but I'm sure they're paying attention.

Sharon Brett @sharonbrett.bsky.social · 6d

I remember being a baby lawyer at DOJ and being *petrified* of the Hatch Act, like constantly worried something I would say or do would be misinterpreted to be a violation. They pounded the restrictions into you during orientation - you had to watch a whole video module on it!

Reposted by Sharon Brett

Alicia Bannon @aliciabannon.bsky.social · 6d

Another big month for state supreme court oral arguments. Is there a constitutional right to record law enforcement? Can Texas seek information about PFLAG's membership? Can Michigan deny workers comp to undocumented immigrants? And much more... statecourtreport.org/our-work/ana...

State Court Oral Arguments to Watch for in October

Issues on the dockets include New York’s Voting Rights Act, investigations of gender-affirming care for minors, and Meta’s challenge to a disclosure law for political ads.

statecourtreport.org

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Reposted by Sharon Brett

emptywheel @emptywheel.bsky.social · 7d

This is a VERY well crafted lawsuit.
1) Plaintiff is natural born.
2) He was detained 2X in a fast-growing part of Alabama, not in a city that Brett Kavanaugh could be easily duped into believing was all migrants.
3) Unwarranted detentions were on private property.
4) He showed Real ID both times.

Kyle Cheney @kyledcheney.bsky.social · 7d

JUST IN: A U.S. citizen from Alabama who has been detained twice by ICE while working at a construction site, has filed a class action suit claiming ICE's broad warrantless arrest powers violate the constitution. storage.courtlistener.com/recap/gov.us...

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Sharon Brett @sharonbrett.bsky.social · 6d

It is quite unclear how the KS Leg could split up Davids's district in a way that does not put CD2 in play for dems, unless they just go w/ a full patchwork whackadoodle throw-all-the-redistricting-principles-out-the-window precinct free-for-all noncontiguous mayhem map.

Which may very well happen.

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Sharon Brett @sharonbrett.bsky.social · 6d

Hi hello I litigated the '22 redistricting case in the KS courts & this is legit giving me hives. (1/2)

NPR @npr.org · 6d

Kansas Republican lawmakers are circulating a petition for a special session to redistrict. The goal is to defeat the state's only Democrat in Congress. (via @kcur.org)

Kansas Republicans start redistricting process aimed at unseating Rep. Sharice Davids

Kansas Republican lawmakers are circulating a petition for a special session to redistrict. The goal is to defeat the state's only Democrat in Congress.

n.pr

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Sharon Brett @sharonbrett.bsky.social · 7d

All good! Former civil rights litigator, now law prof. I’ve worked with IJ on a few different things over the years and it’s great they’re bringing these cases.

Sharon Brett @sharonbrett.bsky.social · 7d

This is the new case I posted about this morning (which I think got lost in the shuffle with the release of the truly momentous AAUP decision . . .)

Jared @jaredmcclain.bsky.social · 8d

NEW CASE: We just sued DHS to stop the immigration raids on construction sites.

Our client, Leo García Venegas, has been arrested twice just for working in construction while Latino—despite being a US citizen with a Real ID.

Here’s a short video explaining the case:

youtu.be/rYSfX9Wxs3M

Innocent CITIZEN Arrested TWICE by ICE

YouTube video by Institute for Justice

youtu.be

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Sharon Brett @sharonbrett.bsky.social · 8d

New IJ lawsuit filed today challenging ICE raids of construction sites, wherein ICE detains American citizens in AL, rejects their proof of citizenship, and holds them without PC.

Worth a read, and more evidence of the wide gulf b/w what SCOTUS says is happening and what is actually happening.

ij.org

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Sharon Brett @sharonbrett.bsky.social · 8d

All my posts involve you in some way tbh.

Sharon Brett @sharonbrett.bsky.social · 8d

Good thing the Kansas Law Review is hosting an entire symposium on this in two weeks!! law.ku.edu/academics/ha...

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Sharon Brett @sharonbrett.bsky.social · 8d

The world is very dark, and we’re hitting the mid semester craziness, but being friends with @gshans.bsky.social for a long time means you sometimes get a fun postcard in the mail, and if you’re *really* lucky, homemade baked goods.

Thanks friend, for always bringing me joy, both big and small.

Photo of black and white postcard and a ziplock bag of cookies.

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Sharon Brett @sharonbrett.bsky.social · 9d

That said, I get where it comes from, and I have no creative alternative. I'll just be over here waiving my hands around and screaming into the abyss. . . .

Sharon Brett @sharonbrett.bsky.social · 9d

Hot take: I know it is catching on *on here*, but I don't like calling these "Kavanaugh Stops/Detentions." Mostly because Kavanaugh would never experience this, and because it obscures the blatant unconstitutionality of the tactics behind a pithy dig. Also: its not just ICE that does this.

John Pfaff @johnpfaff.bsky.social · 9d

These Kavanaugh Stops keep seeming to be a lot more invasive than Kavanaugh tried to pretend they would be.

The extent to which Justices just make up facts, history, psychology, etc etc etc to get the outcomes they want, and the legal community as a whole just shrugs is … legit appalling.

Jazmine Ulloa @jazmineulloa.bsky.social · 9d

As immigration agents have escalated their tactics, US citizens, many of them Latino men, have been stopped and in some cases taken into custody by law enforcement officers. Allison, Jenny and I took a closer look at the encounters. www.nytimes.com/2025/09/29/u...

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Sharon Brett @sharonbrett.bsky.social · 9d

I'm not shrugging!!!!! papers.ssrn.com/sol3/papers....

LYONS, REMEDIES, AND THE FOURTH AMENDMENT IN NOEM V. VASQUEZ PERDOMO

In Noem v. Vasquez Perdomo, the Supreme Court stayed a lower court injunction as part of its increasingly heavy emergency shadow docket. The injunction p

papers.ssrn.com

Sharon Brett @sharonbrett.bsky.social · 11d

More time for us to have lunch?

Sharon Brett @sharonbrett.bsky.social · 12d

with thanks to @richardre.bsky.social @dorfonlaw.bsky.social for helpful feedback (any errors remain my own, of course) and @stevevladeck.bsky.social for his earlier analysis, which was useful for thinking through my own arguments.