Balkinization: The Art of Replacing the Law with the Deal
A group blog on constitutional law, theory, and politics
I thought I'd put the administration's proposed "compact" with universities in context, so I wrote the blog post below.
It's especially for journalists covering this story!
Many details about how the compact itself works and why the administration has retreated to this strategy.
04.10.2025 22:34 โ ๐ 369 ๐ 191 ๐ฌ 10 ๐ 53
Great read. I'd add something not being discussed much: the compact insists on extraordinary supervision of universities by fed'l gov't rather than states, even as to public universities. And it does so through DOJ, not DOE, which is likely to enhance the body blow against federalism in higher ed.
05.10.2025 14:27 โ ๐ 38 ๐ 26 ๐ฌ 1 ๐ 0
Strong statement today from UC's Academic Senate:
03.10.2025 21:58 โ ๐ 1110 ๐ 366 ๐ฌ 19 ๐ 25
Note that the Trump administration is illegally depriving food banks of supplies *after* they and their cronies in Congress slashed SNAP by $186 billion. Objectively a pro-hunger administration. www.urban.org/urban-wire/s...
03.10.2025 16:07 โ ๐ 52 ๐ 22 ๐ฌ 2 ๐ 1
Colleges weigh whether to sign onto Trump plan or forgo federal benefits
A new proposal from the Trump administration would give colleges funding advantages if they adopt conservative priorities.
โNo self-respecting university could ever accept something like this,โ said Lee Bollinger, a First Amendment scholar and former Columbia University president. โTrying to protect conservative ideas against being โbelittledโ โ thatโs about as violative of the First Amendment interests as you can get.โ
03.10.2025 11:36 โ ๐ 775 ๐ 244 ๐ฌ 20 ๐ 30
Thrilled that HLPP is hosting Risk and Resistance on Oct 3! Honored to celebrate @azizaahmed.bsky.socialโs groundbreaking book and so grateful to our amazing co-sponsors, speakers, and panelists who will make this such an inspiring event.
#RiskandResistance
#healthlaw
23.09.2025 20:52 โ ๐ 9 ๐ 7 ๐ฌ 1 ๐ 0
Obviously there are institutionsโeg Liberty Universityโthat will find these demands relatively easy to absorb and consistent with their mission.
Everyone else's job right now is to convince the UVAs and Dartmouths of the world that if they go along, they are Liberty University.
02.10.2025 16:11 โ ๐ 297 ๐ 42 ๐ฌ 1 ๐ 1
The Public Scholar
A Practical Handbook
COVER REVEAL AND PREORDER: The Public Scholar - A Practical Handbook.
"Perry focuses on the practical details of how to approach public scholarship. How do you pitch a piece to an editor? When should you follow or ignore the rules of the genre? And what happens once your piece is out in the world?"
30.09.2025 20:18 โ ๐ 375 ๐ 142 ๐ฌ 27 ๐ 24
Reductions in Force During Shutdowns
The Trump administration plans to use the pending shutdown as justification for additional RIFs.
You can read @nicholasbednar.bsky.social's explainer here. Key thing to remember, shutdowns have never triggered mass layoffs before. Instead, this is a government that likes to fire employees looking for an excuse to do more of it. www.lawfaremedia.org/article/redu...
30.09.2025 22:09 โ ๐ 177 ๐ 51 ๐ฌ 2 ๐ 0
Planned Parenthood stops accepting Arizona Medicaid as Trump ban takes effect | Arizona Mirror
Arizona Planned Parenthood stops accepting Medicaid as Trump ban on abortion provider funding takes effect
Planned Parenthood is ending services to Arizona Medicaid patients in the face of new federal funding restrictions that start on Wednesday, report @azmirror.com and @statesnewsroom.com
30.09.2025 15:00 โ ๐ 3 ๐ 3 ๐ฌ 0 ๐ 0
New York Courts Should Reject Texasโs Attempt to Enforce its Abortion Ban Beyond its Borders
Precedent supports the refusal to enforce out-of-state civil judgments that punish an individual in the name of protecting the public.ย
NEW: TX is asking NY courts to declare NY's reproductive health care shield law unconstitutional in an attempt to enforce its abortion ban across state lines. @law.ucla.edu's @lindsaywiley.bsky.social lays out a legal case for why NY (and other shield states) can and should reject such overreach.
30.09.2025 13:01 โ ๐ 174 ๐ 73 ๐ฌ 7 ๐ 12
180. The Roberts Court Turns 20
The Supreme Court is much less popular and much more divisive today than it was when John Roberts was sworn in as the 17th Chief Justice on September 29, 2005. And at least much of that is his fault.
โIs it that the Chief Justice doesnโt accept that the Court is losing credibility on a daily basis; that he thinks the Court doesnโt need that credibility in order to fulfill its intended role in our constitutional system; or that he doesnโt care?โ
Me on John Roberts as his Court turns 20 today:
29.09.2025 11:30 โ ๐ 3435 ๐ 1174 ๐ฌ 353 ๐ 114
New York Courts Should Reject Texasโs Attempt to Enforce its Abortion Ban Beyond its Borders
Precedent supports the refusal to enforce out-of-state civil judgments that punish an individual in the name of protecting the public.
New from me in @statecourtreport.org @brennancenter.org:
Because Texasโs default judgment against Dr. Carpenter aims to punish her for the protection of public morality & future pregnant patients, embryos & fetuses, NY courts arenโt obligated to recognize it.
statecourtreport.org/our-work/ana...
29.09.2025 17:12 โ ๐ 102 ๐ 30 ๐ฌ 1 ๐ 3
One reason participation has rebounded since then is because leaders at every level of football, from Pop Warner to the N.F.L., have tried to address worries by teaching tackling techniques to reduce head hits, treating concussions more proactively and introducing new equipment designed to reduce the impact of blows to the head. Leagues have also promoted flag football as a safer alternative.
There is a paucity of good evidence suggesting that these interventions reduce substantially the risks of neuropathology that attend participation in a collision sport like American tackle football.
1/
www.nytimes.com/2025/09/27/u...
28.09.2025 00:11 โ ๐ 27 ๐ 6 ๐ฌ 1 ๐ 1
She was terrifying (making her an ineffective teacher for many students) but she was also the most well prepared Socratic teacher Iโve ever seen. Her Qs & follow-ups were impeccably plotted to lead students to a deeper understanding of the case, whereas some kinds of Socratic teaching are just lazy
27.09.2025 19:45 โ ๐ 6 ๐ 0 ๐ฌ 0 ๐ 0
I also remember that she taught with no notes but gave him a specific page number to read aloud to find the answer to her question. In retrospect, I think she mightโve known this was likely to happen when she called on him. But at the time I assumed sheโd memorized the page # for every Q she asked
27.09.2025 19:41 โ ๐ 5 ๐ 0 ๐ฌ 1 ๐ 0
I think Elie was probably so terrified that he missed the very first thing she said when he tried to pass on a cold call, but Iโll never forget it:
โIโm sorry, Mr. Mystal, what could I possibly have done to give you the impression that that is an option.โ
27.09.2025 19:37 โ ๐ 9 ๐ 0 ๐ฌ 1 ๐ 0
She never gives out and she never gives in
27.09.2025 16:06 โ ๐ 2 ๐ 0 ๐ฌ 0 ๐ 0
YouTube video by Dr. Glaucomflecken
The ACIP Panel
I really appreciate how Dr. Glaucomflecken has become all of medicine and public health's emotional support ophthalmologist.
I sat through 16 hours of ACIP meetings last week. If I do not laugh, I will cry.
27.09.2025 02:14 โ ๐ 263 ๐ 79 ๐ฌ 12 ๐ 3
After taking Civ Pro and Admin Law with her, I feel compelled to share that Kagan is also fully capable of killing with a smile and wounding with her eyes.
27.09.2025 03:48 โ ๐ 45 ๐ 5 ๐ฌ 2 ๐ 0
Reddish brown miniature poodle lying on the couch with her long, skinny poodle legs tangled together in a bunch
As my kids say: they tried to put her on the cover of Vogue, but her legs were tooooo long
26.09.2025 23:43 โ ๐ 43 ๐ 3 ๐ฌ 1 ๐ 2
Someoneโs been a bit mopey about the young adults in the family moving away for work and school while the older adults in the family take turns going on business trips
26.09.2025 23:37 โ ๐ 58 ๐ 2 ๐ฌ 1 ๐ 0
Hey journalists: are you wondering if this is climate change?
I'm one of the like five to ten world experts on this, and I wrote a guide last year to help *you specifically* decide: ecoevorxiv.org/repository/v...
(Then I quit my job and never published it)
My take: somewhat, but mostly not. (1/2)
26.09.2025 00:43 โ ๐ 63 ๐ 26 ๐ฌ 1 ๐ 0
Science can be such a headache sometimes.
This study has hit the headlines because the authors claim that it shows that soft drinks cause people to be depressed by negatively impacting their gut microbiome.
Several BIG issues with this 1/n
26.09.2025 01:42 โ ๐ 56 ๐ 11 ๐ฌ 4 ๐ 5
Trump and RFK Are Presiding Over a Massacre of the Innocents
The presidentโs dangerous misinformation about Tylenol is only the latest threat this government poses to infant and maternal mortality.
We have an infant mortality crisis in many states in the US and this administration is making this emergency far, far worse. My latest for @thenation.com: "Trump and RFK Are Presiding Over a Massacre of the Innocents."
www.thenation.com/article/poli...
25.09.2025 10:27 โ ๐ 156 ๐ 54 ๐ฌ 4 ๐ 3
Health care chaos. Reckless cuts. Rising costs. Michiganders and families across the country are paying the price for RFK Jr.โs agenda. Enough is enough, which is why Iโm drafting articles of impeachment.
25.09.2025 12:36 โ ๐ 153 ๐ 44 ๐ฌ 12 ๐ 7
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