Ira "Chip" Lupu

Richard Katskee (Duke LS) and I have just posted our paper entitled "Mahmoud v. Taylor: Cause or Effect of Disruptions in the Public Schools." Mahmoud is a radical decision, likely to do significant harm to public education. The SSRN link is here:
papers.ssrn.com/sol3/papers....

A group of constitutional scholars, myself included, have filed an amicus brief at SCOTUS on behalf of Montgomery County in Mahmoud v. Taylor, being argued today: www.supremecourt.gov/DocketPDF/24...

Nancy Altman, the highly knowledgeable President of Social Security Works, on the Musk/DOGE threat to Social Security. thehill.com/opinion/5148...

And every undocumented person in the U.S. is "subject to the jurisdiction thereof." They can be deported, given asylum, officially welcomed, etc. "Amity" has nothing to do with it. So their children born in the U.S. are entitled to birthright citizenship, plain and simple.

Yes. The authors never explain how those who were brought to the U.S. as slaves in chains, or their descendants, have allegiance to the U.S. entitling them to citizenship. That's because the amendment says nothing about allegiance. It is the fact of birth in the U.S. that triggers citizenship.

Trifecta. In an article I posted in 2024, I discuss gender-affirming care, parental opt-outs from LGBTQ readings in public schools, and religious charter schools -- all cert grants at SCOTUS this term! papers.ssrn.com/sol3/papers.....

Bob Tuttle and I have just posted our new paper about Ten Commandments displays in Louisiana public school classrooms. We explain why predictions of doom for church-state principles have been exaggerated, and why the Louisiana law violates the Establishment Clause.
: papers.ssrn.com/sol3/papers....

Column | Rickey Henderson was a nuisance and a showman and a baseball marvel Beneath the theatrics, Rickey Henderson — the best leadoff hitter of all time — was a true baseball virtuoso.

This morning's column by Tom Boswell (Dean of American baseball writers, now retired) about Rickey Henderson is rich and wonderful. www.washingtonpost.com/sports/2024/...

Social Security Advocates Wage Early Fight Against Cuts As Republicans discuss slashing earned benefits, Social Security Works vows to publicly target any Democrat who joins the congressional DOGE caucuses.

A great story about efforts by Social Security Works, a lean and effective non-profit, to keep the Democrats in line. prospect.org/politics/202...

That's Barkow, not Barlow. My apologies to Rachel (whom I have known for years) for the typo.

This is a highly insightful interview with NYU law Professor Rachel Barlow, who has deep knowledge of pardons and federal criminal law.

Are Blanket Pardons for Officials on Donald Trump’s Target List a Good Idea? As the Biden Administration considers granting clemency to officials singled out by Trump, a legal scholar explains the advantages and pitfalls of extending such protections.

In a new Q. & A. with Isaac Chotiner, a legal scholar weighs in on the benefits and drawbacks of pardoning people in Donald Trump’s crosshairs, the practical difficulties of trying to protect people from him, and whether the pardon power makes sense in 2024.

An excellent thread on the argument in U.S. v. Skrmetti. I am not quite as optimistic as Katie Eyer, but I think she is on the right track re: the possibilities.

Thanks for the kind words, Jon!

Pete Hegseth’s Secret History A whistle-blower report and other documents suggest that Trump’s nominee to run the Pentagon was forced out of previous leadership positions for financial mismanagement, sexist behavior, and being rep...

If there’s one story you read today — make it this one by Jane Mayer for The New Yorker.

Holy. Crap.

I was honored to be the guest on the latest episode (EP 813) of America Trends podcast, where the host Larry Rifkin and I discussed the eroding constitutional limitations on state efforts to promote religion in public schools. www.americatrendspodcast.com/2024/11/25/e...

Alas, there are no legally valid findings that Trump engaged in an insurrection, because SCOTUS in the Colorado case decided that the States lack power to adjudicate disqualification for federal office under 14th A, sec. 3.

In the edited version of the video, my primary remarks are at 8:00 to 18:00, and then again at 56:00.

The resistance will mostly look like ordinary people's noncompliance, and this example is--well deep bow to the superintendents.....

I spoke recently on a panel where I defended parents' constitutional rights to consent (with professional medical approval) to medical gender transition of their adolescent children. My opening remarks are at 17:30 to 27:30 of the attached video. www.youtube.com/live/6DrAvxJ...