Adam Pulver

Treating migrant farmworkers as subhuman cogs whose sole function is to make things easier for farm employers is inherent in arguments like those made in cases like this one-- where employers even protested *seatbelt* requirements
storage.courtlistener.com/recap/gov.us...

Trump Bizarrely Claims Immigrants Are ‘Naturally’ Able to Do Farm Work in Bonkers Moment: ‘They Don’t Get a Bad Back!’ President Donald Trump on Tuesday made the utterly bizarre claim that immigrants are "naturally" able to do farm work in a way American citizens can't.

I've had the honor of representing migrant agricultural workers as industry groups push an agenda to eliminate worker protections from H-2A & similar programs. Biglaw firms have suggested workers dont need access to medical care, so DJTs statement isnt surprising.

www.mediaite.com/media/tv/tru...

The great thing about the left is we can pivot from "prosecutors and cops are bad" to "former prosecutors will save us all what heroes they know everything about the law" on a dime.

My husband always tells me I need to be as proud of the cases I lose as the ones I win, but I get the feeling he didn't have this kind of case in mind...

Interesting breakdown in today's en banc 9th Circuit decision rejecting a challenge to COVID-19 vaccination requirements. Was a "conservative" en banc draw, but both majority and merits dissents written by Trump appointees. cdn.ca9.uscourts.gov/datastore/op...

(The request was filed in 2018, and the litigation filed in 2020.)

The reality of FOIA litigation: a Judge decides cross-motions for summary judgment that have been pending since 2021...by denying them and ordering supplemental briefing ecf.dcd.uscourts.gov/cgi-bin/show...

I was thinking of the aspect o Lujan v. National Wildlife Fed that purports to define agency action

See, not all heroes wear capes.

WIN: In response to our lawsuit, the court prohibited the Department of Labor from closing Job Corps centers.

Jobs Corps has provided low-income students with education & vocational training for decades.

Now, young people will continue to have access to this vital program.

Last night, a DC court found DOL's directive to shut 99 Job Corps centers unlawful & granted our motion to stay that directive pursuant to section 705--keeping our clients and Job Corps enrollees around the country from being forced into the streets ecf.dcd.uscourts.gov/cgi-bin/show...

(To be clear, my other alma mater, Tufts, has not cared about me since I graduated either, but I'd accepted that as a feature of the higher education business model)

What a sad day to be an alum of Columbia. I hope some day in the future, someone with backbone and a commitment to the academic principles that drew me to the University in the first place will be able to undo the damage Claire Shipman and the Board of Trustees has done to the university. As a Jewish alumnus, I am offended by the repeated suggestions that this has anything to do with antisemitism.

Not that they will care, because I never made enough money for Columbia to care about me since I graduated but, this is the email I sent in response to the jabberwocky sent by Claire Shipman:

Sad day to be a Columbia alum

For me, it is more that particular doctrines of case law were not made for this moment (for example, Lujan)

Proud of my stellar colleagues at Public Citizen who worked hard for this major win!

Has anyone else found that the Democratic spam texts are now novel length? Anyway, I have resolved not to give any money more to political candidates because my $25 to say, Deb Haaland, can't do more good than the annoyance associated with 4 texts a day that comes from selling my phone number

Even though the Trump DOJ abandoned its defense of the statute, the 11th Circuit holds that the APA's for-cause removal protections for ALJs are constitutional, in a case where Walmart was accused of violating ICE recordkeeping regs. Stay tuned for sure. media.ca11.uscourts.gov/opinions/pub...

I have no problem with people talking about the forest being on fire. The problem is when they suggest they are providing analysis of a specific tree.

I didn't say anything about whether the decision was correct or not. I even suggested the court should explain it more. I just said mis/overstating its holding isn't good. Not sure what's contrarian about that.

I'd say that is actually my entire point. If you're actually litigating these cases, you have to think about the trees. If you're making sweeping statements about the court, go ahead and forest

you're not doing anyone any favors. (And to be clear, the Court could fix this itself by giving reasons for what it is doing.) /end

In these times is that its hard to fit claims into administrative law doctrines that were not designed for the elimination of the administrative state. Few, if any, of the shutdown cases that have gone to the Supreme Court are easy cases and if you are pretending they are to your followers /3

Today's stay order did *not* say it was okay to eliminate the Department of Education, regardless of what podcasters and substackers say. Maybe six justices think so, or maybe they think that there was a particular reason this case shouldn't succeed. One of the hardest things about litigating /2

Because the Supreme Court's stay decisions are unexplained, they allow people on here to paint those decisions with wildly broad characterizations. But while that's good for punditry and rage posting, such broad characterizations are harmful to litigation and litigators. /1

Litigation pressure works! Today we learned that the Department of Education has restored the statutorily mandated National Postsecondary Student Aid Study- one of the programs unlawfully terminated by DOGE in February and which we have been suing over since April.

Sometimes, district judges are wrong.

Big Win: Education Department Restores Research Data Access Following Lawsuit - Public Citizen WASHINGTON, D.C. – On Monday, education researchers learned that the Department of Education’s Institute of Education Sciences (IES) would not…

A small victory, but three months after we sued, the Department of Education has reversed DOGE's termination of researchers' ability to access certain data remotely
www.citizen.org/news/big-win...

I do not understand how any of my fellow American Jews can have lived through this week and concluded that the winner of the NYC mayoral primary is the greatest threat to their values.

But workers and ordinary people lack analogues, especially given the successful decimation of labor unions. So the thumb on the scales of justice for business presses even harder.