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Robert L. Tsai

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by Robert L. Tsai — Reposted by: Robert L. Tsai

robertltsai.bsky.social
Deep in the Fairy Pools of Scotland
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by Robert L. Tsai — Reposted by: Robert L. Tsai

robertltsai.bsky.social
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.
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by Robert L. Tsai — Reposted by: Robert L. Tsai

robertltsai.bsky.social
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.”
fishkin.bsky.social
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

by Robert L. Tsai

robertltsai.bsky.social
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.
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by Robert L. Tsai

robertltsai.bsky.social
spot on
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by Robert L. Tsai

robertltsai.bsky.social
The Dems are not (yet) a true opposition party
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by Robert L. Tsai

robertltsai.bsky.social
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
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by Robert L. Tsai — Reposted by: Robert L. Tsai

robertltsai.bsky.social
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, Stephen M. Walt, Kim L. Scheppele , and 24 more

fishkin.bsky.social
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
12 260 540

by Robert L. Tsai — Reposted by: Robert L. Tsai

robertltsai.bsky.social
Even so, the bottom line:
1 4 7

by Robert L. Tsai

robertltsai.bsky.social
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.
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by Robert L. Tsai

robertltsai.bsky.social
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

by Robert L. Tsai

robertltsai.bsky.social
We point out that commentators can be classified as “judicial optimists” or “judicial pessimists,” each position with great insight but also some flaws.
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by Robert L. Tsai

robertltsai.bsky.social
“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.”
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by Robert L. Tsai — Reposted by: Robert L. Tsai, Jacob T. Levy, Samantha Brennan

robertltsai.bsky.social
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

by Robert L. Tsai

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by Robert L. Tsai — Reposted by: Robert L. Tsai

robertltsai.bsky.social
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.
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by Robert L. Tsai

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Reposted by: Robert L. Tsai, Olúfẹ́mi Táíwò

npr.org
Pope Leo XIV weighed in on U.S. politics, saying Catholic politicians must be judged on the full range of their policy positions and suggesting the country's immigration policy is "inhuman."
Pope Leo XIV says 'inhuman treatment of immigrants' in the U.S. isn't 'pro-life'
Pope Leo XIV weighed in on U.S. politics, saying that Catholic politicians must be judged on the full range of their policy positions and suggesting that the country's immigration policy is "inhuman."
n.pr
160 2K 7.2K

by Robert L. Tsai

robertltsai.bsky.social
True enough!

by Robert L. Tsai — Reposted by: Robert L. Tsai

robertltsai.bsky.social
Front page of Globe today: “Judge gives foreign students a victory”
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by Robert L. Tsai — Reposted by: Robert L. Tsai

robertltsai.bsky.social
“Young wrote that the Trump administration officials ‘acted in concert to misuse the sweeping powers of their respective offices to target noncitizen pro-Palestinians for deportation primarily on account of their First Amendment protected political speech.’”
In blistering ruling, judge finds Trump administration illegally targeted international students over pro-Palestinian activism - The Boston Globe
In his ruling, US District Judge William Young wrote that the members of the Trump administration coordinated between departments to “intentionally to chill the rights to freedom of speech.”
www.bostonglobe.com
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by Robert L. Tsai — Reposted by: Robert L. Tsai

robertltsai.bsky.social
I spoke to the Boston Globe about Judge Young’s decision that the Trump administration’s practice of deporting noncitizens who protest Israel’s conduct in Gaza chills the free speech rights of other noncitizens.
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by Robert L. Tsai

robertltsai.bsky.social
Here’s the ruling: www.documentcloud.org/documents/26...
Opinion in 25-cv-10685-WGY
US District Court Massachusetts
www.documentcloud.org
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by Robert L. Tsai — Reposted by: Robert L. Tsai

robertltsai.bsky.social
Judge Young’s opinion is a potent vindication of the free speech rights of non-citizen Palestinians in the U.S. I fear, though, his many appeals to former Reagan and his disquisition on “Justice in the Trump Era” makes it easier to dismiss him as a “Trump resistance judge”
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by Robert L. Tsai

robertltsai.bsky.social
There’s dessert in it for you
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by Robert L. Tsai

robertltsai.bsky.social
Fat generals rise up
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by Robert L. Tsai

robertltsai.bsky.social
Definitely
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by Robert L. Tsai

robertltsai.bsky.social
😃

by Robert L. Tsai — Reposted by: Robert L. Tsai

robertltsai.bsky.social
Chaplinesque
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