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Kim Lane Scheppele

@kimlanelaw.bsky.social

Tracking autocratic legalism around the world from Princeton University.

37,772 Followers  |  1,583 Following  |  820 Posts  |  Joined: 19.11.2023
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Posts by Kim Lane Scheppele (@kimlanelaw.bsky.social)

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How Talks Between Anthropic and the Defense Dept. Fell Apart

NEW: Our play-by-play on how Anthropic’s negotiations with the Pentagon fell apart, (and how Open AI swooped in). With @julianbarnes.bsky.social @cademetz.bsky.social

www.nytimes.com/2026/03/01/t...

01.03.2026 19:13 β€” πŸ‘ 115    πŸ” 50    πŸ’¬ 8    πŸ“Œ 9

I posted a very short but I think sort of interesting paper on the idea of transformative constitutionalism, including reactionary tc: papers.ssrn.com/sol3/papers....

01.03.2026 22:32 β€” πŸ‘ 0    πŸ” 4    πŸ’¬ 0    πŸ“Œ 0
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Nearly 2 Dozen Retired Harvard Business School Professors Step Into The Democracy Debate Harvard Business School profs urge business leaders to recognize their responsibilities as citizens: 'The cost of silence is incalculable'.

β€œWe are retired Harvard Business School professors. …We ask that the leaders of the business world in the United States β€” some of whom it has been our privilege to teach β€” speak out now, act now, in defense of democracy.”

poetsandquants.com/2026/02/28/n...

01.03.2026 03:39 β€” πŸ‘ 533    πŸ” 170    πŸ’¬ 12    πŸ“Œ 3
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This is some next-level swiftboating

01.03.2026 00:56 β€” πŸ‘ 5315    πŸ” 972    πŸ’¬ 420    πŸ“Œ 272
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U.S. Strikes in Middle East Use Anthropic, Hours After Trump Ban Within hours of declaring that the federal government will end its use of artificial-intelligence tools made by tech company Anthropic, President Trump launched a major air attack in Iran with the hel...

Hegseth illegally uses Anthropic software in Iran War.

01.03.2026 04:02 β€” πŸ‘ 223    πŸ” 118    πŸ’¬ 5    πŸ“Œ 6

Sadly, this is about the next election. He’s laying the groundwork to declare his election β€œemergency” to change rules and argue to courts they can’t question his national security judgment in war time. And if the Court does, he’s preparing to say that’s beyond their constitutional powers.

28.02.2026 15:50 β€” πŸ‘ 1128    πŸ” 429    πŸ’¬ 76    πŸ“Œ 31
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Today on 'Social Media Posts That Didn't Age Well'...

28.02.2026 18:19 β€” πŸ‘ 38    πŸ” 12    πŸ’¬ 1    πŸ“Œ 1
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Yes, Supreme Court Decisions Really Matter | Amicus With Dahlia Lithwick | Law, justice, and the courts No, that doesn’t mean the wizards in robes are doing magic. The former Solicitor General of the United States puts the tariffs case in its legal realism context.

With former Solicitor General of the United States Donald Verrilli Jr. on why one still fights at SCOTUS

28.02.2026 18:19 β€” πŸ‘ 73    πŸ” 16    πŸ’¬ 1    πŸ“Œ 2

With alt text. I’ve…never seen a court talk like this before?

28.02.2026 14:06 β€” πŸ‘ 2109    πŸ” 612    πŸ’¬ 31    πŸ“Œ 21
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Still on the White House website.

www.whitehouse.gov/articles/202...

h/t Paul Farhi

28.02.2026 18:21 β€” πŸ‘ 583    πŸ” 206    πŸ’¬ 19    πŸ“Œ 15
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The Framers understood first and foremost the need to safeguard against usurpation of power by the executive.

28.02.2026 18:22 β€” πŸ‘ 1506    πŸ” 336    πŸ’¬ 35    πŸ“Œ 12
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Notice (Other) – #252 in J.G.G. v. TRUMP (D.D.C., 1:25-cv-00766) – CourtListener.com NOTICE by D.A.R.H., G.F.F., J.A.V., J.G.G., J.G.O., M.M.A.A., M.Y.O.R., M.Z.V.V., DORYS MENDOZA, LIYANARA SANCHEZ, EYLAN SCHILMAN, W.G.H. re 247 Order,,, Memorandum & Opinion,, (Gelernt, Lee) (Entered...

That's from a filing yesterday in the JGG case before Judge Boasberg.
storage.courtlistener.com/recap/gov.us...

28.02.2026 14:08 β€” πŸ‘ 179    πŸ” 27    πŸ’¬ 0    πŸ“Œ 0

WOW. 19 people, all who were imprisoned and mistreated in a foreign prison at the direct command of the United States, are brave enough to say β€œWe are innocent, and we will endure more time imprisoned to prove that.”

I can only admire the enormous courage such a move takes.

28.02.2026 16:57 β€” πŸ‘ 4618    πŸ” 1378    πŸ’¬ 32    πŸ“Œ 14

Just this week:

- Administration is caught hiding evidence Trump sexually assaulted a 13 year old

- Pentagon demands AI companies allow it to use AI for mass surveillance and killer robots

- Trump launches unconstitutional war against Iran

- Pro-Trump oligarch buys CNN

πŸ‡ΊπŸ‡ΈπŸ‡ΊπŸ‡ΈπŸ‡ΊπŸ‡Έ

28.02.2026 18:23 β€” πŸ‘ 1271    πŸ” 548    πŸ’¬ 43    πŸ“Œ 25
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Some scary shit going down at the Pentagon with Hegseth

27.02.2026 22:54 β€” πŸ‘ 2254    πŸ” 715    πŸ’¬ 405    πŸ“Œ 136
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JUST IN: A federal judge says the Trump administration has been β€œterrorizing” refugees β€” violating the promise America made to them when they fled persecution at home β€” by locking them up illegally. He blocked the policy for those in MN storage.courtlistener.com/recap/gov.us...

27.02.2026 22:35 β€” πŸ‘ 5702    πŸ” 1860    πŸ’¬ 47    πŸ“Œ 48

Mary Walsh, a name almost no one outside journalism knows, is one of the most significant and righteous truthfighters out there! Her departure is a five alarm fire.

27.02.2026 22:57 β€” πŸ‘ 479    πŸ” 142    πŸ’¬ 7    πŸ“Œ 8
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Former DOD Lawyer Shreds Trump's 'Madcap' Scheme For Elections: 'That's What It's About' Ryan Goodman spotted one particular roadblock in a reported new MAGA effort to alter the voting process before the midterms.

www.huffpost.com/entry/ryan-g...

27.02.2026 22:58 β€” πŸ‘ 16    πŸ” 8    πŸ’¬ 1    πŸ“Œ 0
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It appears Trump is upset about Anthropic decision not to obey the Department of Defense.

27.02.2026 22:59 β€” πŸ‘ 884    πŸ” 171    πŸ’¬ 111    πŸ“Œ 29

The SecDef has just declared war on a company.

27.02.2026 22:59 β€” πŸ‘ 23    πŸ” 7    πŸ’¬ 1    πŸ“Œ 0

The functional equivalent of firing top-tier scientists from the government because they aren’t loyalists.

27.02.2026 20:59 β€” πŸ‘ 441    πŸ” 95    πŸ’¬ 19    πŸ“Œ 3

A reminder that @massgovernor.bsky.social has still not canceled the Department of Correction's 287(g) contract

27.02.2026 13:09 β€” πŸ‘ 73    πŸ” 28    πŸ’¬ 0    πŸ“Œ 1
This map shows which states with full Democratic control in the state government have bans on 287(g) agreements. 

Maryland, Maine, and New Mexico join six other blue statesβ€”California, Connecticut, Delaware, Illinois, Oregon, and Washingtonβ€”in adopting laws to ban local and state agencies from partnering with ICE’s 287(g) program. New Jersey has a ban in place through an executive directive, though the state’s outgoing governor vetoed a bill that would have codified it into law in January. 

Four states under full Democratic controlβ€”Colorado, Massachusetts, New York, and Virginiaβ€”still have local or state agencies that have joined the 287(g) program, though there is currently active legislation in at least three of those states to limit or end these contracts.

This map shows which states with full Democratic control in the state government have bans on 287(g) agreements. Maryland, Maine, and New Mexico join six other blue statesβ€”California, Connecticut, Delaware, Illinois, Oregon, and Washingtonβ€”in adopting laws to ban local and state agencies from partnering with ICE’s 287(g) program. New Jersey has a ban in place through an executive directive, though the state’s outgoing governor vetoed a bill that would have codified it into law in January. Four states under full Democratic controlβ€”Colorado, Massachusetts, New York, and Virginiaβ€”still have local or state agencies that have joined the 287(g) program, though there is currently active legislation in at least three of those states to limit or end these contracts.

This year, Maryland, Maine, and New Mexico have joined six other blue states in banning local and state agencies from partnering with ICE in its 287(g) program. Four states under full Democratic control still have local or state agreements with ICE.

boltsmag.org/marylan...

26.02.2026 20:04 β€” πŸ‘ 184    πŸ” 58    πŸ’¬ 2    πŸ“Œ 7
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Private Chains, Public Harm How Supply Networks Fuel ICE Operations

If you are interested in other ways to undermine ICE capacity, their reliance on international supply chains is a weak spot because of how unpopular the Trump administration is in other countries.
donmoynihan.substack.com/p/private-ch...

27.02.2026 16:30 β€” πŸ‘ 52    πŸ” 25    πŸ’¬ 0    πŸ“Œ 0
This means state and local governments are not passive implementers but active actors. For critics of ICE, this institutional reality broadens the terrain of accountability making mayors, city councillors, state legislators, and governors potential focal points of public protest. While elected officials have occasionally used federal funding as leverage over states, a pattern that has occurred across administrations, the reputational risks associated with local involvement in immigration enforcement mean that public organizations may seek to distance themselves from ICE operations, particularly as these programs become increasingly toxic.

This means state and local governments are not passive implementers but active actors. For critics of ICE, this institutional reality broadens the terrain of accountability making mayors, city councillors, state legislators, and governors potential focal points of public protest. While elected officials have occasionally used federal funding as leverage over states, a pattern that has occurred across administrations, the reputational risks associated with local involvement in immigration enforcement mean that public organizations may seek to distance themselves from ICE operations, particularly as these programs become increasingly toxic.

Once the public understands the mechanisms of ICE capacity, they can raise their political salience of these mechanisms.

This means that a practical ask for citizens opposing ICE is that their elected officials refuse to engage in 287(g) agreements.
donmoynihan.substack.com/p/a-federali...

27.02.2026 14:46 β€” πŸ‘ 91    πŸ” 26    πŸ’¬ 1    πŸ“Œ 0
After Maryland took steps to end 287(g) agreements in the state, local governments including Baltimore, Howard, Prince George’s, and Montgomery County, have also moved to adopt legislation creating uniform rules to limit how local law enforcement engages with ICE.

Additionally, according to reports from Sludge, a nonprofit project that tracks money in politics, Hartford, Connecticut is ending an ICE-related contract involving the Hartford Parking Authority. In Philadelphia, city council members have sought to bar municipal agencies from collaborating with ICE. These measures do not somehow overturn federal immigration law, but they do adjust access to local resources and personnel, thereby affecting how enforcement unfolds in practice.

After Maryland took steps to end 287(g) agreements in the state, local governments including Baltimore, Howard, Prince George’s, and Montgomery County, have also moved to adopt legislation creating uniform rules to limit how local law enforcement engages with ICE. Additionally, according to reports from Sludge, a nonprofit project that tracks money in politics, Hartford, Connecticut is ending an ICE-related contract involving the Hartford Parking Authority. In Philadelphia, city council members have sought to bar municipal agencies from collaborating with ICE. These measures do not somehow overturn federal immigration law, but they do adjust access to local resources and personnel, thereby affecting how enforcement unfolds in practice.

State and local governments might enter into 287(g) agreements for a number of reasons: more money, shared goals with ICE, to shape how immigration policy is implemented. But as ICE becomes toxic they also face local political pressure to resist these agreements.
See, e.g. MD, CT, Philadelphia:

27.02.2026 14:26 β€” πŸ‘ 74    πŸ” 24    πŸ’¬ 1    πŸ“Œ 0
The Jail Enforcement Model focuses on screening and processing noncitizens who are potentially removable and who have been arrested on criminal charges by state or local law enforcement.

The Task Force Model operates as a force multiplier, enabling state and local officers to exercise limited immigration authority during routine policing activities under the supervision of ICE.

The Tribal Task Force Model similarly extends limited immigration enforcement authority to tribal law enforcement agencies, pursuant to Title 25 U.S.C. Β§ 2804, with ICE oversight.

The Warrant Service Officer program authorizes ICE to train and deputize state and local officers to serve and execute administrative immigration warrants within their correctional facilities.

The Jail Enforcement Model focuses on screening and processing noncitizens who are potentially removable and who have been arrested on criminal charges by state or local law enforcement. The Task Force Model operates as a force multiplier, enabling state and local officers to exercise limited immigration authority during routine policing activities under the supervision of ICE. The Tribal Task Force Model similarly extends limited immigration enforcement authority to tribal law enforcement agencies, pursuant to Title 25 U.S.C. Β§ 2804, with ICE oversight. The Warrant Service Officer program authorizes ICE to train and deputize state and local officers to serve and execute administrative immigration warrants within their correctional facilities.

Federalism is one of the check points on ICE power. Look at the map above: there are more than 1400 287(g) agreements across the country. Those agreements give ICE much more capacity. You might have heard the term 287(g) but what does this actually mean?
donmoynihan.substack.com/p/a-federali...

27.02.2026 14:11 β€” πŸ‘ 108    πŸ” 39    πŸ’¬ 3    πŸ“Œ 2
DHS agents cannot enter private property without a judicial warrant.

Immigration enforcement agents are prohibited from wearing masks or face coverings

DHS agents must clearly identify themselves by agency, badge number, and last name, including verbal identification upon request.

Federal funds may not be used for enforcement operations near schools, churches, polling stations, or medical facilities.

Prohibit racial profiling.

Establish a standardized use-of-force policy and require additional training.

Ensure state and local jurisdictions can investigate and prosecute potential criminal conduct or excessive force.

Require all detention facilities to meet uniform baseline standards.

Mandate body cameras.

Standardize uniforms and equipment to align with civil enforcement norms.

DHS agents cannot enter private property without a judicial warrant. Immigration enforcement agents are prohibited from wearing masks or face coverings DHS agents must clearly identify themselves by agency, badge number, and last name, including verbal identification upon request. Federal funds may not be used for enforcement operations near schools, churches, polling stations, or medical facilities. Prohibit racial profiling. Establish a standardized use-of-force policy and require additional training. Ensure state and local jurisdictions can investigate and prosecute potential criminal conduct or excessive force. Require all detention facilities to meet uniform baseline standards. Mandate body cameras. Standardize uniforms and equipment to align with civil enforcement norms.

We have a partial shutdown right now because of ICE. Here are the demands on the Dem side. But the shutdown isn't really affecting ICE because they got multi-year funding last year. So what are other choke points? donmoynihan.substack.com/p/a-federali...

27.02.2026 13:50 β€” πŸ‘ 131    πŸ” 38    πŸ’¬ 2    πŸ“Œ 0
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A Federalism Bottleneck? The Subnational Levers Constraining ICE

New from @splawinski.bsky.social at Can We Still Govern: To stymie ICE, look at the sources of its power.

That includes money but also co-operative 287(g) agreements with state and local govts.

Blocking and reversing those agreements weakens ICE capacity. 🧡
donmoynihan.substack.com/p/a-federali...

27.02.2026 12:38 β€” πŸ‘ 424    πŸ” 199    πŸ’¬ 15    πŸ“Œ 14

One thing each of us has the power to do to slow the backslide is determine what niches of society we have some influence over.

Ask: What kinds of people who share some overlapping characteristics/experiences with me are naturally inclined to trust or even follow me?

Start organizing there.

27.02.2026 21:05 β€” πŸ‘ 61    πŸ” 24    πŸ’¬ 1    πŸ“Œ 0