Michael Brey

After some internal wrangling, the appeals court panel changed its opinion in a way that leaves open another argument Plaintiffs might use to force the administration to disburse the funding. Now it goes back to the trial court to take the first stab at deciding whether that argument succeeds.

Particularly given the Court’s technical maneuvers around the merits in the education grants and AEA cases, this is not encouraging.

Even assuming a crime, the allegation—like most things MAGA—is ideologically and factually incoherent in the
MAGA universe.

They delayed announcing the experimental, unsafe vaccine (which is not really a *vaccine*) that Trump has refused to take any credit for since leaving office to… hurt Trump?

DOJ playing more games.

This may be wishful thinking, but I sometimes wonder if Trump will force some of the Court’s conservatives to abandon/pare back quite a bit of their unitary executive project. Can’t think of a worse president to bring the test the theory before the Court.

As phrased, this is still consistent with ICE relying on tattoos alone (or some other dubious factors) for at least some individuals. No doubt they had more evidence for many others, but ICE has not earned the inference this paragraph requires that they had quality evidence for *everyone*.

This is wild on so many levels.

Unikowsky clerked for Scalia!

Hassan voted yes.

Yes. Even more so with a girl.

Did the unions not plead associational standing? Assuming their members would have standing, which the court does not address, it seems the unions could sue. The standing analysis here seems lacking.

My beef with The Daily is that, if you’re already generally following the news, it rarely adds anything you don’t already know. It just takes 30 minutes to performatively spit out something you learned in 5 minutes a few days prior.

So valuable.

And reading far too much into the election as a validation of every recent conservative and Trumpian grievance.

12-INCH RATCHET EXTENDER, "DOESN'T KNOW WHY"

Of all the injustices and heartbreaks, this one is relatively minor, but seeing the news about Sauer’s nomination as SG just reminded me we’ll soon be saying goodbye to Prelogar at the podium. Hope she finds her way back to the Court soon—one way or another.

This is generally where I land, conditional on FedSoc not continuing to devolve into turning participants like Steve into heels for their ideological kayfabe.

I would be interested in reading that when you feel up to it. Curious to hear what you believe the opportunity costs are.

Like it or not, FedSoc is going to be the judicial establishment for some time to come. Avoiding it won’t change any minds and it is already legitimized by its proximity to the most powerful judges in the country. Nothing can be lost by a liberal attending and sharing their views.