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Matthew Segal

@segalmr.bsky.social

Civil Rights Lawyer | Personal Views | Not Legal Advice | https://as.tufts.edu/politicalscience/people/faculty/matthew-segal

7,506 Followers  |  596 Following  |  1,337 Posts  |  Joined: 04.07.2023
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Posts by Matthew Segal (@segalmr.bsky.social)

This point was missed in a lot of the news coverage of the decision.

06.03.2026 19:41 β€” πŸ‘ 163    πŸ” 34    πŸ’¬ 0    πŸ“Œ 0
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Washington Legislature passes ban on law enforcement wearing masks OLYMPIA – Washington lawmakers passed a pair of bills Tuesday afternoon that supporters say will rein in immigration enforcement in the state.

A federal court has prohibited California from enforcing its mask ban against federal officers. A loss for California. But the opinion is actually a win for states across the country seeking to ban maskingβ€”like Washington, which recently passed a ban through both chambers of the legislature. 🧡 1/

06.03.2026 19:36 β€” πŸ‘ 48    πŸ” 13    πŸ’¬ 1    πŸ“Œ 0
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I am excited to share a new project from my organization, Democracy Rising Collaborative. We have launched a toolkit to empower lawyers and other civic leaders across the country to stand up for the Rule of Law. theruleoflawyers.org

1/THREAD

05.03.2026 01:31 β€” πŸ‘ 115    πŸ” 61    πŸ’¬ 3    πŸ“Œ 6
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Do I Have the Right to Film ICE? Despite government attacks against protesters and the press, documenting interactions with law enforcement and federal agents is protected by the First Amendment. Here’s what you need to know.

It’s up to all of us to document what's happening in our communities so we can demand accountability for ICE's abuses.

We have your questions about the right to record federal agents answered.

06.03.2026 16:19 β€” πŸ‘ 318    πŸ” 129    πŸ’¬ 1    πŸ“Œ 4

This bill is unworkable and likely unconstitutional for many of the same reasons that would arise if a legislature tried to ban Magic 8 Balls

06.03.2026 03:46 β€” πŸ‘ 8    πŸ” 4    πŸ’¬ 2    πŸ“Œ 0

This is a kind of echo of J. Gorsuch's remarks in the tariffs case about how once a president gets some power from Congress, it's very hard for Congress to reassert power over it even for another president

06.03.2026 00:26 β€” πŸ‘ 77    πŸ” 22    πŸ’¬ 3    πŸ“Œ 0

I agree that the text of the Constitution arguably doesn't resolve this question in either direction. But courts take normative considerations into account all the time when they decide how to interpret text.

06.03.2026 01:28 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

One reason why the U.S. Constitution might be construed to require Congressional authorization *before* starting a war is that a war, once unilaterally initiated by the President, may be hard to un-start.

06.03.2026 00:24 β€” πŸ‘ 36    πŸ” 6    πŸ’¬ 2    πŸ“Œ 1

Yes, but some people are interpreting Justice Jackson's use of this phrasing, but seemingly not Justice Alito's, as an expression of genuine confusion. Which is not what's happening.

04.03.2026 14:10 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Generally speaking, when a judge says β€œI don’t understand,” what they mean is β€œI understand perfectly well and I think what you said is bananas.”

This is especially true with Justice Jackson, and those suggesting otherwise are doing their readers a disservice.

04.03.2026 14:01 β€” πŸ‘ 41    πŸ” 7    πŸ’¬ 1    πŸ“Œ 0

True, but "it's all fun and games until LLMs research, reason, strategize, and write better than the median lawyer" was less punchy.

03.03.2026 20:29 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

It's all fun and games until we reach the point when LLMs write better than the median lawyer

03.03.2026 20:27 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0

Ironically, in the law firm EO litigation, the govt has identified yet another law firm whose work it won't abide: its own law firm's work from yesterday!

03.03.2026 19:40 β€” πŸ‘ 20    πŸ” 5    πŸ’¬ 0    πŸ“Œ 1
A photo of the exterior of the Warren E. Burger Federal Building

A photo of the exterior of the Warren E. Burger Federal Building

I'm here at the federal courthouse in St. Paul for the clown car contempt hearing ordered by Judge Jeffrey Bryan over the federal government's conduct in 28 separate habeas cases. He ordered the government to show cause over failure to comply with orders requiring the accounting for of property

03.03.2026 15:31 β€” πŸ‘ 665    πŸ” 134    πŸ’¬ 12    πŸ“Œ 19

Ideally, to address various important questions facing the nation, there should be some sort of national legislature.

03.03.2026 16:27 β€” πŸ‘ 13    πŸ” 3    πŸ’¬ 1    πŸ“Œ 0
SUPREME COURT OF THE UNITED STATES
No. 25A914
NICOLE MALLIOTAKIS, ET AL. v. MICHAEL WILLIAMS, ET AL.
ON APPLICATION FOR STAY
No. 25A915
PETER KOSINSKI, ET AL. v. MICHAEL WILLIAMS, ET AL.
ON APPLICATION FOR STAY
[March 2, 2026]
The applications for
stay presented
to
JUSTICE
SOTOMAYOR and by her referred to the Court are granted.
The January 21, 2026 order entered by the Supreme Court of the State of New York, New York County, Index No. 164002/2025, is stayed pending the disposition of the appeal in the New York state courts and disposition of a petition for a writ of certiorari in this Court, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court.

SUPREME COURT OF THE UNITED STATES No. 25A914 NICOLE MALLIOTAKIS, ET AL. v. MICHAEL WILLIAMS, ET AL. ON APPLICATION FOR STAY No. 25A915 PETER KOSINSKI, ET AL. v. MICHAEL WILLIAMS, ET AL. ON APPLICATION FOR STAY [March 2, 2026] The applications for stay presented to JUSTICE SOTOMAYOR and by her referred to the Court are granted. The January 21, 2026 order entered by the Supreme Court of the State of New York, New York County, Index No. 164002/2025, is stayed pending the disposition of the appeal in the New York state courts and disposition of a petition for a writ of certiorari in this Court, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court.

JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and
JUSTICE JACKSON join, dissenting from grant of stay.
The Court's 101-word unexplained order can be summarized in just 7: "Rules for thee, but not for me." Time and again, this Court has said that federal courts have limited jurisdiction. Time and again, this Court has said that federal courts should not interfere with state-court litigation.
Time and again, this Court has said that federal courts should not meddle with state election laws ahead of an elec-tion. Today, the Court says: except for this one, except for this one, and except for this one. Ignoring every limit on federal courts' authority, the Court takes the unprecedented step of staying a state trial court's decision in a re-districting dispute on matters of state law without giving the State's highest court a chance to act. Because that order violates basic principles of jurisdiction, federalism, and equity, I respectfully dissent.

JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and JUSTICE JACKSON join, dissenting from grant of stay. The Court's 101-word unexplained order can be summarized in just 7: "Rules for thee, but not for me." Time and again, this Court has said that federal courts have limited jurisdiction. Time and again, this Court has said that federal courts should not interfere with state-court litigation. Time and again, this Court has said that federal courts should not meddle with state election laws ahead of an elec-tion. Today, the Court says: except for this one, except for this one, and except for this one. Ignoring every limit on federal courts' authority, the Court takes the unprecedented step of staying a state trial court's decision in a re-districting dispute on matters of state law without giving the State's highest court a chance to act. Because that order violates basic principles of jurisdiction, federalism, and equity, I respectfully dissent.

BREAKING: SCOTUS blocks New York state court redistricting order, over the strong dissent of the Democratic appointees.

02.03.2026 23:20 β€” πŸ‘ 1852    πŸ” 738    πŸ’¬ 63    πŸ“Œ 221

As much as I was looking forward to seeing Elizabeth Prelogar, Don Verrilli, and Paul Clement take turns dunking on these orders in front of a D.C. Circuit panel, this is good news.

02.03.2026 19:20 β€” πŸ‘ 175    πŸ” 16    πŸ’¬ 4    πŸ“Œ 0
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Being able to drive as ourselves and use the correct bathroom are essential to basic everyday life β€” they aren't privileges afforded to only people who aren't transgender.

We're suing the state of Kansas.

27.02.2026 17:27 β€” πŸ‘ 1328    πŸ” 343    πŸ’¬ 19    πŸ“Œ 7
Doe v. Kansas complaint, page 1

Doe v. Kansas complaint, page 1

Doe v. Kansas complaint, page 2

Doe v. Kansas complaint, page 2

COMPLAINT: assets.aclu.org/live/uploads...

27.02.2026 14:46 β€” πŸ‘ 5    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

Congrats to my colleagues on filing this important case.

27.02.2026 14:39 β€” πŸ‘ 54    πŸ” 14    πŸ’¬ 1    πŸ“Œ 0
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Investigative Post obtained this video of Border Patrol abandoning Nurul Shah Alam, the nearly blind Burmese refugee who was found dead

www.investigativepost.org/2026/02/26/t...

27.02.2026 02:11 β€” πŸ‘ 5005    πŸ” 2542    πŸ’¬ 301    πŸ“Œ 300

The Conference of Catholic Bishops is... not playing around in this brief.

www.supremecourt.gov/DocketPDF/25...

26.02.2026 20:54 β€” πŸ‘ 3270    πŸ” 1094    πŸ’¬ 117    πŸ“Œ 138
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Judge Bryan in Minnesota has scheduled a combined contempt hearing in morethan two dozen immigration cases for what he says has been widespread defiance of his orders to ensure released detainees are given their confiscated property. storage.courtlistener.com/recap/gov.us...

26.02.2026 19:54 β€” πŸ‘ 1138    πŸ” 394    πŸ’¬ 22    πŸ“Œ 18
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Trump, seeking executive power over elections, is urged to declare emergency Activists who say they are in coordination with the White House are circulating a draft executive order that would unlock extraordinary presidential power over voting.

Among the many problems with SCOTUS's decision in Trump v. Anderson are that the Court did not bother to state plainly (1) what Trump did, and (2) that it was extremey bad.

That failure helped pave the way for nonsense like this: www.washingtonpost.com/politics/202...

26.02.2026 19:23 β€” πŸ‘ 6    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Order on Motion for Order – #74 in CENTER FOR TAXPAYER RIGHTS v. INTERNAL REVENUE SERVICE (D.D.C., 1:25-cv-00457) – CourtListener.com Order on Motion for Order

More information and devestating rebukes from the court in ongoing litigation over the IRS sharing taxpayer data with ICE

"The IRS violated the [Internal Revenue Code] approximately 42,695 times by disclosing last known taxpayer addresses to ICE"

storage.courtlistener.com/recap/gov.us...

26.02.2026 16:18 β€” πŸ‘ 114    πŸ” 46    πŸ’¬ 4    πŸ“Œ 5

🚨NEW REPORT from @brennancenter.org: Countering Originalism: A Guide for Litigators.

What’s inside?

βš–οΈ Practical strategies to respond to originalist arguments
πŸ“š Case law + scholarship
πŸ“ Real examples from court filings
πŸ›οΈ Lessons from our SCOTUS practice
🌐 Tips for both fed + state courts

11.12.2025 15:00 β€” πŸ‘ 36    πŸ” 11    πŸ’¬ 2    πŸ“Œ 0
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Blind refugee abandoned by Border Patrol dies in Buffalo. A nearly blind refugee abandoned by Border Patrol miles from his home dies in Buffalo after having been missing for nearly a week.

Here's a story about his death www.investigativepost.org/2026/02/25/b...

25.02.2026 20:30 β€” πŸ‘ 2439    πŸ” 1162    πŸ’¬ 164    πŸ“Œ 349
Arkansas Constitution:

Section 1: Elective offices - Exceptions

Vacancies in the office of United States Senator, and in all elective state, district, circuit, county, and township offices except those of Lieutenant Governor, Member of the General Assembly and Representative in the Congress of the United States, shall be filled by appointment by the Governor.

Section 2: Ineligible persons - Nepotism

The Governor, Lieutenant Governor and Acting Governor shall be ineligible for appointment to fill any vacancies occurring or any office or position created, and resignation shall not remove such ineligibility. Husbands and wives of such officers, and relatives of such officers, or of their husbands and wives within the fourth degree of consanguinity or affinity, shall likewise be ineligible. No person appointed under Section 1 shall be eligible for appointment or election to succeed himself.

Arkansas Constitution: Section 1: Elective offices - Exceptions Vacancies in the office of United States Senator, and in all elective state, district, circuit, county, and township offices except those of Lieutenant Governor, Member of the General Assembly and Representative in the Congress of the United States, shall be filled by appointment by the Governor. Section 2: Ineligible persons - Nepotism The Governor, Lieutenant Governor and Acting Governor shall be ineligible for appointment to fill any vacancies occurring or any office or position created, and resignation shall not remove such ineligibility. Husbands and wives of such officers, and relatives of such officers, or of their husbands and wives within the fourth degree of consanguinity or affinity, shall likewise be ineligible. No person appointed under Section 1 shall be eligible for appointment or election to succeed himself.

Article Text: Two months later, in February 2025, she signed into law a bill that made it more likely that her two appointees would succeed at staying on the bench over the long term. House Bill 1223 allowed interim judges to use their new title on the ballot when they face voters for the first time. As a result, voters next month will see the word β€œjustice” next to Bronni and Hiland’s names, marking them as the incumbents.

Incumbency typically brings important advantages. In Arkansas, no sitting justice has lost a reelection bid since at least the 1930s, including just recently when a conservative challenger lost to a justice known for her moderate politics.

Article Text: Two months later, in February 2025, she signed into law a bill that made it more likely that her two appointees would succeed at staying on the bench over the long term. House Bill 1223 allowed interim judges to use their new title on the ballot when they face voters for the first time. As a result, voters next month will see the word β€œjustice” next to Bronni and Hiland’s names, marking them as the incumbents. Incumbency typically brings important advantages. In Arkansas, no sitting justice has lost a reelection bid since at least the 1930s, including just recently when a conservative challenger lost to a justice known for her moderate politics.

House Bill 1223 Title: To Allow A Candidate For The Office Of Justice Of The Supreme Court Or Judge Of The Court Of Appeals Who Is Serving In That Position As An Appointee To Use The Title Of That Position As A Prefix On The Ballot.

House Bill 1223 Title: To Allow A Candidate For The Office Of Justice Of The Supreme Court Or Judge Of The Court Of Appeals Who Is Serving In That Position As An Appointee To Use The Title Of That Position As A Prefix On The Ballot.

So:

1. AR Constitution says "[n]o person" apptd by gov is eligible for "election to succeed himself"

2. Apptd justices are running for each other's seats, on theory that seats are *different*

3. Bill allows justices to call selves "justice" on ballot, on theory that seats are *interchangeable*

25.02.2026 14:55 β€” πŸ‘ 4    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

What

25.02.2026 14:08 β€” πŸ‘ 8    πŸ” 1    πŸ’¬ 1    πŸ“Œ 1

1. I appreciate your thoughtful responses.

2. Got photo from UCLA report. There were swastikas, but I won't post them.

3. I took your initial posts to imply that behaviors shouldn't be seen as discriminatory if members of the targeted group engaged in them. But if you're not saying that, great.

25.02.2026 04:56 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0