The Supreme Court & the Unaccountable Racialized Security State
For a few brief years after 9/11, the U.S. Supreme Court reined in the executive branchโs most sweeping assertions of wartime power, upholding the constitutional rights of military detainees. Then the...
โAs the Trump admin asserts national security powers to target foreign and domestic enemies at unprecedented scale, the Supreme Court will have to decide whether there truly are no limits to the racialized security state it has unleashed.โ My new essay in Daedalus, www.amacad.org/daedalus/sup...
20.11.2025 19:32 โ ๐ 2 ๐ 2 ๐ฌ 0 ๐ 0
How has war shaped American democracy?
2024-25 CASBS fellow @ssinnar.bsky.social writes on "The Supreme Court & the Unaccountable Racialized Security State" in the new issue of Dรฆdalus, the publication of the American Academy of Arts and Sciences
Open access: www.amacad.org/daedalus/sup...
20.11.2025 18:23 โ ๐ 2 ๐ 2 ๐ฌ 0 ๐ 0
I was happy to moderate this conversation on how Orientalism, the masterpiece of Palestinian American intellectual Edward Said, revolutionized academic inquiry around the world. Said's message to speak to power resonates even louder today.
29.10.2025 20:21 โ ๐ 6 ๐ 3 ๐ฌ 0 ๐ 0
Proud that my @ucirvinelaw.bsky.social colleague @veenadubal.bsky.social is on the papers -
The national @aaup.org campaign is extraordinary, as is the number of unions and faculty associations brought together in defense of the UC.
17.09.2025 05:06 โ ๐ 42 ๐ 8 ๐ฌ 1 ๐ 1
Whose Common Sense?
Read this brilliant essay by my colleague, immigration law expert Jennifer Chacon, on the Supreme Court's shadow docket decision effectively permitting racial profiling in immigration raids: verfassungsblog.de/noem-ice-sup...
12.09.2025 01:41 โ ๐ 4 ๐ 1 ๐ฌ 1 ๐ 0
United States Revokes Visas of Palestinian Officials
Secretary of State Marco Rubio is denying and revoking visas from members of the PA and PLO.
Denying Palestinian officials this same access breaks with that precedent. It isnโt just unusual, itโs a dangerous deviation from norms the United States has upheld for decades!
29.08.2025 21:11 โ ๐ 831 ๐ 172 ๐ฌ 40 ๐ 11
Law review article first page
My law review article on the suppression of campus Palestine protests: โIt is far easier to punish higher education institutionsโฆand to disappear students from their dorm roomsโฆwhen campus protestors have been vilified over the course of more than a year.โ scholarship.law.duke.edu/cgi/viewcont...
20.08.2025 16:15 โ ๐ 78 ๐ 39 ๐ฌ 4 ๐ 2
Trumpโs Tactics Mean Many International Students Wonโt Make It to Campus
If this continues, the most talented American students will want to study abroad, because they'll want to study with the most talented students and faculty from around the world, and those people won't want to come to the United States even if they can. www.nytimes.com/2025/08/20/u...
20.08.2025 15:17 โ ๐ 63 ๐ 25 ๐ฌ 9 ๐ 5
Read everything Ifill writes. "As we emerge from this difficult summer, we have the power to apply pressure, not only on this Administration, but on those whose cowardice has left our democracy in shambles. We know how to march, to boycott, to demonstrate, to petition, to litigate, to argue..."
16.08.2025 17:57 โ ๐ 143 ๐ 32 ๐ฌ 0 ๐ 2
Dear President Milliken, Regents, and Governor Newsom,
As faculty members of University of California law schools, we endorse Governor Newsom's commitment to resist the Trump Administration's unlawful actions taken against the University of California, Los Angeles. The Governor is on firm legal ground. The Trump Administration's termination and suspension of federal funds has violated Title VI of the Civil Rights Act of 1964 in numerous ways. Governor Newsom and the University of California Regents will protect the vital interests not only of Californians but of all Americans if they defend the University of California's rights.
The U.S. Department of Justice notified UCLA on July 29, 2025, that it had found that UCLA had "violated its obligations under the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964." Chancellor Frenk subsequently announced that
"the federal government claims antisemitism and bias as the reasons" for federal grant terminations. UCLA faces losses of at least $584 million, funding that has supported vital research on matters ranging from treatments for pancreatic cancer to advances in online security.
The Trump Administration has made no pretense of following the law. Title VI permits a federal agency to terminate funding only if it has found that the particular program receiving that funding has violated the law's non-discrimination provisions. Funding cannot disappear just because the agency's policy or political preferences differ from the institution's.
Moreover, the agency can act only after following specific procedural steps. Importantly, Title VI requires a formal administrative hearingโa proceeding much like a trial-before the agency can terminate funding. At the hearing, the agency would have the burden of proving the university's alleged violations of Title VI before an impartial decision-maker. If the agency prevails at the hearing, the university or other interested persons could appeaโฆ
factually supported and consistent with civil rights laws. Without the steps Title VI requires, there is no protection against an administration alleging discrimination as a pretext to force compliance with its policy or partisan preferences. Title VI's procedures guarantee the constitutional due process requirement that no person can be deprived of liberty or property without fair notice and opportunity to be heard. They protect the university and its members' academic freedom, an endowment essential to scientific research, intellectual discovery, and open debate.
We are deeply committed to the core principle of non-discrimination codified in Title VI and in the Constitution's Equal Protection Clause. The principle that no person may suffer discrimination because of race, color, or national origin protects equality and ensures fairness in political as well as social life. Allegations of discrimination deserve serious and careful consideration and, where established, effective redress. But this enforcement effort must follow the law.
We urge Governor Newsom and the UC Regents to continue to stand up for the fundamental principles of the rule of law, due process, and equal protection. A defense of the University of California's rights in court will model respect for these bedrock principles of equality and fairness, and it will ensure that the government honors them. The Trump Administration's failure to abide by the law subverts these principles by denying the University of California a fair opportunity to contest the government's charges of unlawful discrimination before an impartial decisionmaker. It is precisely because we cherish the principles of the Civil Rights Act and the Constitution that we encourage Governor Newsom, the UC Regents, and the University of California to fight back.
Through its grantmaking powers, the federal government wields vast influence over social and economic life. If not held to account by the procedural protections enacted by Congresโฆ
๐จ 150 University of California law professors (and counting) have now signed this open letter to the UC Regents and other officials, explaining the flagrant illegality of the Trump Administrationโs UCLA funding cut offs, and urging the UC to fight back. sites.google.com/view/uclawfa...
15.08.2025 18:52 โ ๐ 1039 ๐ 340 ๐ฌ 11 ๐ 17
Abstract of law review article
My latest article, on how organizers & lawyers in three cities sought to โflood the courtsโ to protect homeless people and renters facing eviction. law.stanford.edu/wp-content/u...
14.08.2025 15:21 โ ๐ 30 ๐ 13 ๐ฌ 0 ๐ 2
Gaza: As mass starvation spreads, our colleagues and those we serve are wasting away
MSF joins more than 100 organisations to sound the alarm on famine in Gaza and call for life-saving aid
Doctors without Borders joins 100 aid organizations in saying aid workers are now wasting away from the Israeli government's starvation policy, alongside the people of Gaza. msf.org.uk/article/gaza...
23.07.2025 20:04 โ ๐ 1 ๐ 0 ๐ฌ 0 ๐ 0
Signaling to lower courts not to accept "major questions" challenges to expansive use of national security and emergency powers by the Trump admin?
27.06.2025 19:50 โ ๐ 4 ๐ 0 ๐ฌ 1 ๐ 0
When Scotus demolishes one way of getting relief from courts, it often says, "don't worry, there are alternatives." Then it demolishes the "alternatives." So today, it demolishes nationwide injunctions & claims that class actions are an alternative. But it's already raised the bar on class actions.
27.06.2025 16:38 โ ๐ 5 ๐ 0 ๐ฌ 0 ๐ 0
Shredding the rule of law, one step at a time.
27.06.2025 16:10 โ ๐ 2 ๐ 0 ๐ฌ 0 ๐ 0
#BREAKING: Over a (sharp) public dissent from the three Democratic appointees, #SCOTUS clears the way for the Trump administration to remove migrants to third countries *without* giving them an additional opportunity to contest whether they face persecution or other forms of mistreatment there:
23.06.2025 20:34 โ ๐ 3676 ๐ 1445 ๐ฌ 300 ๐ 504
Hunger strike at Stanford enters its 10th day
The pro-Palestinian hunger strike at Stanford University has entered its 10th day.
As UN warns that 14,000 children in Gaza under the age of five face severe malnutrition, Stanford students enter their tenth day of hunger striking in solidarity. www.sfgate.com/bayarea/arti...
23.05.2025 05:16 โ ๐ 4 ๐ 0 ๐ฌ 0 ๐ 0
Secretary Kristi Noem
@Sec_Noem
This administration is holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus.
It is a privilege, not a right, for universities to enroll foreign students and benefit from their higher tuition payments to help pad their multibillion-dollar endowments.
Harvard had plenty of opportunity to do the right thing. It refused.
They have lost their Student and Exchange Visitor Program certification as a result of their failure to adhere to the law.
Let this serve as a warning to all universities and academic institutions across the country.
Harvard's Student and Exchange Visitor Program Decertification
I am writing to inform you that effective immediately, Harvard University's Student and Exchange Visitor Program certification is revoked.
As I explained to you in my April letter, it is a privilege to enroll foreign students, and it is also a privilege to employ aliens on campus. All universities must comply with Department of Homeland Security requirements, including reporting requirements under the Student and Exchange Visitor Program regulations, to maintain this privilege. As a result of your refusal to comply with multiple requests to provide the Department of Homeland Security pertinent information while perpetuating an unsafe campus environment that is hostile to Jewish students, promotes pro-Hamas sympathies, and employs racist "diversity, equity, and inclusion" policies, you have lost this privilege.
The revocation of your Student and Exchange Visitor Program certification means that Harvard is prohibited from having any aliens on F- or J- nonimmigrant status for the 2025-2026 academic school year. This decertification also means that existing aliens on F- or J- nonimmigrant status must transfer to another university in order to maintain their nonimmigrant status.
This action should not surprise you and is the unfortunate result of Harvard's failure to comply with simple reporting requirements.
On April 16, 2025, I requested records pertaining to nonimmigrant students enrolled at Harvard University, including information regarding misconduct and other offenses that would render foreign students inadmissible or removable. On April 30, 2025, Harvard's counsel provided information that he represented as responsive to my request. It was not.
As a courtesy that Harvard was not legally entitled to, the Acting DHS General Counsel responded on my behalf and afforded Harvard another opportunity to comply. Harvard again provided an insufficient response.
Consequences must follow to send a clear signal toโฆ
If Harvard would like the opportunity of regaining Student and Exchange Visitor Program certification before the upcoming academic school year, you must provide all of the information requested below within 72 hours.
Please be advised that providing materially false, fictitious, or fraudulent information may subject you to criminal prosecution under 18 U.S.C. ยง 1001. Other criminal and civil sanctions may also apply.
I expect full and complete responses to the following requests:
1. Any and all records, whether official or informal, in the possession of Harvard University, including electronic records and audio or video footage, regarding illegal activity whether on or off campus, by a nonimmigrant student enrolled in Harvard University in the last five years.
2. Any and all records, whether official or informal, in the possession of Harvard University, including electronic records and audio or video footage, regarding dangerous or violent activity whether on or off campus, by a nonimmigrant student enrolled in Harvard University in the last five years.
3. Any and all records, whether official or informal, in the possession of Harvard University, including electronic records and audio or video footage, regarding threats to other students or university personnel whether on or off campus, by a nonimmigrant student enrolled in Harvard University in the last five years.
4. Any and all records, whether official or informal, in the possession of Harvard University, including electronic records and audio or video footage, regarding deprivation of rights of other classmates or university personnel whether on or off campus, by a nonimmigrant student enrolled in Harvard University in the last five years.
5. Any and all disciplinary records of all nonimmigrant students enrolled in Harvard University in the last five years.
6. Any and all audio or video footage, in the possession of Harvard University, of any protest activity involving a nonimmigrant student on a Harvard Univerโฆ
Here's the letter Noem sent Harvard, as posted on X. Nothing alleges ANY specific violation of the Student and Exchange Visitor Program. Nothing. She cites no law violated, no regulation broken, no policy ignored.
I don't care what you think of Harvard; this is clear weaponization of government.
22.05.2025 18:37 โ ๐ 1996 ๐ 707 ๐ฌ 81 ๐ 72
Shirin Sinnar on Terrorism Law โ Outlaw
Law professor Shirin Sinnar joins Outlaw to break down the terrorism laws and lists that everyone in liberation struggles needs to know about. Shirin speaks from her experience as a civil rights attor...
1) State violence against brown & muslim people post-9/11
2) Kidnapping migrants to El Salvadorโs deathly prison
3) Stop Cop City RICO case
Something they have in common?
Terrorism laws & lists.
Tune in to ep. 4 to understand how they work & why solidarity is critical. Ft. @ssinnar.bsky.social
20.05.2025 15:35 โ ๐ 20 ๐ 13 ๐ฌ 1 ๐ 1
Writing in @slate.com, CASBS fellow @ssinnar.bsky.social examines a tax bill provision's "guilt-by-association logic" meant to "ensnare all sorts of organizations" the govt thinks are interfering w/its agenda - "a surefire way to delegitimize them & diminish their capacity to dissent" & even exist
20.05.2025 15:31 โ ๐ 2 ๐ 1 ๐ฌ 0 ๐ 0
I spoke with the Outlaw Podcast about the dangers that terrorism laws pose for protest movements -- and the importance of collective resistance and solidarity.
19.05.2025 18:01 โ ๐ 17 ๐ 8 ๐ฌ 0 ๐ 0
The Real Threat of the Nonprofit โTerrorismโ Provision in Trumpโs Big Bill
The Trump administration has already wielded the โterroristโ label to stigmatize and strip rights from student activists and migrants.
โโฆbranding marginalized communities and their political opponents โterroristsโ is a surefire way to delegitimize them and diminish their capacity to dissentโand even to existโ warns @ssinnar.bsky.social
slate.com/news-and-pol...
19.05.2025 14:58 โ ๐ 4 ๐ 1 ๐ฌ 0 ๐ 0
The Real Threat of the Nonprofit โTerrorismโ Provision in Trumpโs Big Bill
The Trump administration has already wielded the โterroristโ label to stigmatize and strip rights from student activists and migrants.
My new op-ed about the terrorism provision slipped into the budget bill: "At a time of growing American authoritarianism, the last thing Congress should be doing is granting new powers to the president to destroy civil society groups that stand in his way."
slate.com/news-and-pol...
18.05.2025 15:39 โ ๐ 6 ๐ 2 ๐ฌ 0 ๐ 1
"But here's the beautiful thing about practicing courage: it's contagious. When you stand up, you make it easier for others to stand up. ...So today, I'm calling on each of us to practice courageโnot the spectacular kind, but the everyday kind that changes lives and, ultimately, societies."
09.05.2025 18:50 โ ๐ 1 ๐ 0 ๐ฌ 0 ๐ 0
"Courage isn't a quality you either have or don'tโit's a practice you develop over time. Like any muscle, it strengthens with use. Each small act of braveryโspeaking up at a town hall, attending a rally, affirming values of inclusion at workโbuilds your capacity for the next challenge."
09.05.2025 18:50 โ ๐ 1 ๐ 0 ๐ฌ 1 ๐ 0
ALCโs 53rd Anniversary Gala | Aarti Kohli Remarks
In late April, we gathered for ALCโs 53rd Anniversary Galaโa chance to reflect on our history and gather strength from one another. This is the speech given by our Executive Director, Aarti Kohli.
Incredibly inspired by Aarti Kohli at the Asian Law Caucus: "We often misunderstand courage. We think it means fearlessness... But that's not courage; that's either privilege or delusion. True courage is feeling the fear and taking action anyway." www.asianlawcaucus.org/news-resourc...
09.05.2025 18:50 โ ๐ 3 ๐ 0 ๐ฌ 1 ๐ 0
YouTube video by Senator Chris Van Hollen
Van Hollen discusses humanitarian disaster in Gaza as Netanyahu government continues blockade
For 66 days the Netanyahu government has blocked ALL food and aid from going into Gaza. Now we're told it plans to seize and reoccupy huge parts of Gaza, as it pushes for Trump's plan to force 2 million Palestinians to leave.
That would be ethnic cleansing by another name. We canโt stand for it.
07.05.2025 16:44 โ ๐ 2823 ๐ 958 ๐ฌ 106 ๐ 77
BREAKING: Mohsen Mahdawi Released From ICE Detention
'To President Trump and his Cabinet: I am not afraid of you,' Mahdawi said after he was freed on bail.
NEW: Mohsen Mahdawi has been freed from detention. โWe are pro-peace and anti-war,โ Mohsen told a huge crowd outside court after his release.
โTo my people in Palestine: I feel your pain, I see your suffering; and I see freedom and it is very very soon.โ
30.04.2025 15:55 โ ๐ 1945 ๐ 528 ๐ฌ 21 ๐ 37
Law professor; author of Free to Move: Foot Voting Migration and Political Freedom; Democracy and Political Ignorance: Why Smaller Government is Smarter; The Grasping Hand: Kelo v. New London and the Limits of Eminent Domain; Volokh Conspiracy blogger.
Activists in the US are censored and punished for speaking up for Palestinian freedom. We challenge the censorship so voices for justice can be heard.
linktr.ee/pal_legal
A magazine of ideas, politics, and culture, committed to the power of collective reasoning and imagination to create a more just world.
Independent & nonprofit since 1975.
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Lecturer in Residence @stanfordlaw, Research Affiliate @stanfordcddrl, human rights, transitional justice, business and human rights
Staff Attorney, ACLU National Security Project. Views here are my own.
Legal teaching fellow, former climate attorney, parent, technically a doctor (of jurisprudence & social policy).
https://cooperativeoverlapping.substack.com/
Professor, Stanford Law School.
Senior Fellow, Hoover Institution.
Author, The Digital 4th Amendment:
https://www.amazon.com/Digital-Fourth-Amendment-Privacy-Policing/dp/0190627077/ref=tmm_hrd_swatch_0
Legal scholars, students, & practitioners working to expose & transform law's role in the perpetuation of economic, racial, & gender inequality. & check out our Blog: @lpeblog.bsky.social
currently a fellow at HLS | previously ED of @lpeproject.bsky.socialโฌ | still doing @lpenyc.bsky.socialโฌโฌ & @lpeblog.bsky.socialโฌ | critical theory & high-fructose corn syrup | opinions are mine alone
Murray and Kathleen Bring Prof., NYU Law. IP, antitrust. ssrn.com/author=370802. Partner, Lex Lumina LLP. lex-lumina.com. All posts by my research assistant, Chad. https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=37891
Professor @ University of Minnesota Law School. Teaching & writing about workers' rights; skeeting in my personal capacity, mostly about cats.
Clinical Professor of Law, UC Irvine | Workers, Law & Organizing Clinic | law & social movements, legal education, abolitionist futures | losing my edge
Mayor-Elect of New York City
prof at WashU Law. teaches criminal law & procedure. papers at https://ssrn.com/author=1660906. occasional thoughts at https://postcardsofthehanging.substack.com/.
Professor of Law, University of Florida Levin College of Law
Criminal Law, International Law, National Security Law, Transitional Justice, Human Rights
Bio: https://www.zacharykaufman.com/biography/
Publications: http://tinyurl.com/bpaas2b7
Program Director, Civil Liberties & Community Safety @asianlawcaucus.bsky.social. Formerly @aclu.org. Posts are my own opinions.
The nation's oldest continuously published daily college newspaper. thecrimson.com
Combining grassroots activism with joy.
IPA+ is a diverse, action-oriented community defending democracy in the SF Peninsula - Palo Alto, Los Altos, Mountain View, Sunnyvale, and beyond.
indivisiblepaloaltoplus.org
nonprofit organizations lawyer (neo law group), blogger (nonprofit law blog), movie lover, jazz fan, day hiker about.me/nonprofitlawyer