Oregon correctly claimed that Trump's federalization of the Oregon militia deprived Oregon of members of the state militia that might have other uses. If the federal government federalizes state prosecutors or a state park, the state has been injured. So we do not have to wait for other injuries.
Good to win in Oregon, but judge too broadly defined presidential power to use military for law enforcement. 19th law forbids usage unless courts are closed and/or marshals cannot enforce judicial decrees.
Just filed (or CREW filed for me) an amicus brief indicating that deployment of state militia in Oregon is inconsistent with historic practices. Little difference between that brief and the California brief. Happy to share for those interested.
Some thoughts on Kimmel and of how the marketplace of ideas merges into the commercial marketplace.
www.youtube.com/watch?v=tDk6...
www.youtube.com/watch?v=tDk6...
Trump’s real strategy is to keep ‘low-information’ voters in the dark | Mark Graber
YouTube video by Times Radio
www.youtube.com
I am listening to the Prime Minister of the United Kingdom on the Middle East (I am on next for a Kirk discussion). Calm, rational, intelligent call for a two-state solution. You can disagree, but the contrast with the President of the United States is stunning.
Interesting quotes from Mark Graber and, at least before correction Mark Garber (my evil twin). www.huffpost.com/entry/url-ch...
Experts Sound The Alarm About The Effect Charlie Kirk's Death Is Having On Free Speech
"What is happening to people who reject the canonization of Charlie Kirk is a tragedy and a disgrace," one professor said.
www.huffpost.com
My amicus brief on the history of Militia Acts filed in Trump v. Newsom. www.citizensforethics.org/wp-content/u...
The CREW press release is here: www.citizensforethics.org/legal-action...
The CREW press release is here: www.citizensforethics.org/legal-action...
www.citizensforethics.org
By any chance was this BC. This also happened to me today.
Reposted by: Mark A. Graber
Breaking news: Article I published about two years ago has been rejected by a prominent law review.
Here is hoping all my friends will contribute a post indicating that whether in the past few days we decided to call Charlie Kirk a bigot depended on timing and not the truth of the matter. No one who articulated his racial sentiments should be canonized in the US.
Is it appropriate for government agencies in blue states and blue employers to fire anyone who praises Charlie Kirk on social media because that will offend workers and customers who do not believe bigots should be canonized.
Charlie Kirk had a message that mobilized young men. Not enough to say the message was hateful. Progressives need to craft better messages for mobilizing young men (and women).
A terrific post by a terrific young scholar who ought to be on the short list of all appointments committees. harvardlawreview.org/blog/2025/09...
State Enforcement of Section Three Disqualification:What McConnell Gets Right on Trump v. Anderson and Why He’s Still Wrong - Harvard Law Review
Leading originalist Professor Michael McConnell has written a thoughtful dissection of the Supreme Court’s pivotal decision last term in Trump v. Anderson, which...
harvardlawreview.org
Prof near retirement: I have no thoughts about X, but the conference is in a place with nice restaurants so here goes.
Happy to explain to @kendrawrites.com . My email is [email protected]. I can answer questions or we can set up a chat.
Reposted by: Mark A. Graber
I'm going to tag my cousin @mgraber1.bsky.social who is a literal international expert/scholar in constitutional law. Mark, @kendrawrites.com is a brilliant journalist - can you help her out?
Progressives lower the flag to communicate to conservatives mourning Charley Kirk that they are part of our community and to other progressives that violence to obtain political goals is unacceptable.
Reposted by: Mark A. Graber
Assistant prof: "My ideas about X are not fully cooked yet. I need to gather more data before I could consider publishing."
Full prof: "My ideas about X are not fully cooked yet, but I've promised to contribute to three special issues, so YOLO here goes."
Full prof: "My ideas about X are not fully cooked yet, but I've promised to contribute to three special issues, so YOLO here goes."
For those of you in NYC on October 11. Thank you so much to Penny Andrews for sponsoring this and other friends for participating.
www.nyls.edu/events/book-...
www.nyls.edu/events/book-...
(Book Event) Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War - New York Law School
Download PDF Invite. DATEFriday, October 10, 2025 TIME9:30 a.m. – 3:30 p.m. ETOptional tour of Tribeca to follow the program. LOCATIONRoom W220New
www.nyls.edu
Some thoughts on the Roberts Court, Trump, tariffs, and litigating to lose. www.theguardian.com/us-news/2025...
The US supreme court may address Trump’s tariffs. Does he want to win?
The president has claimed any decision against him would ‘destroy’ the ‘financial fabric of our country’
www.theguardian.com
Last revisions done to amicus in Trump v. Newsom. History prohibits federalizing the nat. guard unless invasion, rebellion, (widespread, substantial, and sustained effort to overthrow the gov.), or no law enforcement because uprising has closed federal courts. Link by the middle of next week.
The President may use troops for law enforcement only when a) no other federal civilian forces are available and b) when courts are closed or judicial orders are being flouted. For the beginnings of the argument, see www.journalofthecivilwarera.org/2025/07/the-... Still working on the details.
The Militia Act of 1903 in Historical Context - The Journal of the Civil War Era
Recent events have turned public attention to the previously obscure Militia Act of 1903 and the even more obscure historians and political scientists interested in eighteenth- and nineteenth-century ...
www.journalofthecivilwarera.org
Least surprising judicial decision of 2025, which might have been surprising if coming from the Supreme Court. www.yahoo.com/news/article...
Court throws out lawsuit by Trump administration against all Maryland federal judges
A federal judge on Tuesday threw out the Trump administration’s lawsuit against Maryland’s entire federal bench in a ruling that underscored the extraordinary nature of the suit and accused the White ...
www.yahoo.com
Do we really have to imitate Trump. I'm all for redistricting, but maybe our tweeting style might be more adult.
Rather clearly the Democratic leadership is more invested in maintaining being the Democratic leadership than in becoming the majority party (under perhaps new leadership).
Reposted by: Mark A. Graber
Reposted by: Mark A. Graber, Mark A. Lemley, Ben Worthy
NEW: Governor Newsom will be holding a press conference and rally at 11:30 AM PT tomorrow in Los Angeles regarding redistricting. The announcement is chef's kiss.
Donald Trump is dimensionally the worst president in American history. The Roberts Court, already the worst tribunal in American history, is striving to be dimensionally the worst tribunal in American history. Both are great for my media presence. www.nytimes.com/2025/08/05/o...
Opinion | The Supreme Court Has Finally Found a President It Likes
www.nytimes.com
I have reached that stage in life where a) when I walk into CVS I assume I have a prescription waiting and b) I get half my daily calories from my medications.