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B.J. Priester

@redpenoflex.bsky.social

Professor of Law and Associate Dean; criminal law, criminal procedure, fandom and constitutional interpretation. Executive Editor, FANgirl Blog and Co-host, Hyperspace Theories podcast.

286 Followers  |  552 Following  |  5 Posts  |  Joined: 06.02.2024  |  2.3355

Latest posts by redpenoflex.bsky.social on Bluesky

This entire argument by Louisiana and the conservatives questions are premised on an erasure of Congressโ€™ enforcement power under the 14th & 15th Amendments.

Literally swinging for the fences to wipe out the premise for the legitimacy of Congressโ€™ power to enact civil rights statutes.

15.10.2025 15:43 โ€” ๐Ÿ‘ 1831    ๐Ÿ” 589    ๐Ÿ’ฌ 28    ๐Ÿ“Œ 31

Louisiana: "The plaintiffs came in and said 'we want a second majority-minority district."
KBJ: "NO THEY DID NOT. They said our votes are being dilluted."
Louisiana: "That's the same thing."
KBJ: "No it's not. ... trust me on this."
:)

15.10.2025 15:26 โ€” ๐Ÿ‘ 1159    ๐Ÿ” 131    ๐Ÿ’ฌ 8    ๐Ÿ“Œ 4

Yes. Very casually turning the SSFA into a determination that any statute addressing race discrimination must be time-bound. Just absolutely untrue. An utter usurpation of Congressโ€™ enforcement power under the 14th & 15th Amendments.

15.10.2025 15:33 โ€” ๐Ÿ‘ 802    ๐Ÿ” 262    ๐Ÿ’ฌ 16    ๐Ÿ“Œ 2
Preview
ICE agents raid South Shore apartments; Trump says Chicago could become military training ground ICE agents raided a South Shore apartment building overnight as the city braces for a possible military deployment.

Chicago, Illinois, 2025:

"They had the Black people in one van, and the immigrants in another van."

"They was bringing the kids down, had them zip-tied to each other."

"I kept asking, 'What is the morality?' One of them laughed. He said, 'Fuck them kids.'"

abc7chicago.com/post/ice-chi...

02.10.2025 14:22 โ€” ๐Ÿ‘ 1904    ๐Ÿ” 1024    ๐Ÿ’ฌ 72    ๐Ÿ“Œ 109
Post image

What Trump has wrought: a reversal of attitudes on immigration. Now we're an immigrant nation again, we need more immigrants to maintain our economy, and Trump's persecution of immigrants is just wrong.

27.09.2025 15:43 โ€” ๐Ÿ‘ 213    ๐Ÿ” 85    ๐Ÿ’ฌ 6    ๐Ÿ“Œ 20

I think we should also ridicule Miller here, not fear him. His fascist cosplay is absurd. He thinks tweeting in a clipped, military-sounding tone will frighten us. Oooo, he said "utilized"! Scary! Meanwhile their efforts to prosecute foes are imploding in buffoonery and Trump is polling in the 30s.

27.09.2025 16:36 โ€” ๐Ÿ‘ 1634    ๐Ÿ” 468    ๐Ÿ’ฌ 78    ๐Ÿ“Œ 26
Preview
John Roberts Wrote Trump a Permission Slip to Indict Comey Political targets of the Justice Department can thank the chief justice.

"The list of culprits for destroying the Justice Department and the politically driven prosecutions of the second Trump administration must include John Roberts, their chief enabler." Great piece by @cristianfarias.com

nymag.com/intelligence...

27.09.2025 16:29 โ€” ๐Ÿ‘ 408    ๐Ÿ” 137    ๐Ÿ’ฌ 23    ๐Ÿ“Œ 22
Post image

How weak were the Comey charges? One was rejected and the others got 14/23 votes, barely clearing the ham sandwich threshold www.nytimes.com/2025/09/26/u...

27.09.2025 16:17 โ€” ๐Ÿ‘ 1547    ๐Ÿ” 312    ๐Ÿ’ฌ 34    ๐Ÿ“Œ 11

Since none of that is happening, all of that is illegal

27.09.2025 16:22 โ€” ๐Ÿ‘ 98    ๐Ÿ” 22    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 0

The Constitution is colorblind except immigration enforcement.

08.09.2025 19:48 โ€” ๐Ÿ‘ 196    ๐Ÿ” 34    ๐Ÿ’ฌ 6    ๐Ÿ“Œ 0
The injunction is silent as to the use
of force. And it is not necessary for the injunction to address
that use-of-force question because the Fourth Amendmentโ€™s
reasonableness standard continues to govern the officersโ€™
use of force and to prohibit excessive force.
To the extent that excessive force has been used, the
Fourth Amendment prohibits such action, and remedies
should be available in federal court. I agree with the
dissent on that point. But to reiterate, this injunction
against brief stops for questioning does not address the useof-force issue.

The injunction is silent as to the use of force. And it is not necessary for the injunction to address that use-of-force question because the Fourth Amendmentโ€™s reasonableness standard continues to govern the officersโ€™ use of force and to prohibit excessive force. To the extent that excessive force has been used, the Fourth Amendment prohibits such action, and remedies should be available in federal court. I agree with the dissent on that point. But to reiterate, this injunction against brief stops for questioning does not address the useof-force issue.

It's not the most important part of the issue but Kavanaugh saying "well they should just sue if they're the victims of excessive force from ICE" when he himself has previously voted to bar lawsuits against federal officers for violations of the 4th Amendment in immigration cases takes chutzpah.

08.09.2025 17:06 โ€” ๐Ÿ‘ 13057    ๐Ÿ” 4432    ๐Ÿ’ฌ 526    ๐Ÿ“Œ 222

so Justice Kavanaugh seems to have cited a DOJ number unsupported by any source without saying where he got it to reach a constitutional conclusion based in part on that number being accurate.

08.09.2025 21:23 โ€” ๐Ÿ‘ 426    ๐Ÿ” 127    ๐Ÿ’ฌ 12    ๐Ÿ“Œ 8

SCOTUS: considering race as one factor in a college applicant's file is blatantly unconstitutional

ALSO SCOTUS: considering race as one factor in targeting whom to detain and deport is cool cool cool

08.09.2025 16:43 โ€” ๐Ÿ‘ 14551    ๐Ÿ” 5818    ๐Ÿ’ฌ 204    ๐Ÿ“Œ 273

#SCOTUS all-but overruled a unanimous, 90-year-old precedent through an unexplained "administrative" stay this morning, and that's only the second-most-problematic thing it did before lunchtime.

08.09.2025 16:17 โ€” ๐Ÿ‘ 10913    ๐Ÿ” 3199    ๐Ÿ’ฌ 338    ๐Ÿ“Œ 118

Exactly this ๐Ÿ’ฏ

06.09.2025 19:33 โ€” ๐Ÿ‘ 1    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

This is very much worth reading. Explains the insane national guard loophole about troops still under the command of their state, and why Trump's scheme amounts to Texas invading Illinois.

05.09.2025 18:05 โ€” ๐Ÿ‘ 49    ๐Ÿ” 22    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 0
Preview
D.C. grand jurors reject latest wave of Justice Dept. indictment requests One former federal prosecutor said of the indictment denials by D.C. grand juries that he's "never heard of this happening."

NEW: DC grand jurors reject more Justice Dept cases

Former DOJ attorney: โ€œNot only have I never heard of this happening, I've never heard of a prosecutor who's heard of this happeningโ€

www.cbsnews.com/news/d-c-gra...

03.09.2025 10:12 โ€” ๐Ÿ‘ 2983    ๐Ÿ” 885    ๐Ÿ’ฌ 78    ๐Ÿ“Œ 169
Preview
Cleta Mitchell Thinks Trump Will Use Emergency Powers to Take Control of Elections Read more here.

๐ŸšจBREAKING: Cleta Mitchell thinks President Donald Trump may declare a national emergency to allow him to take control of national elections. Her comments will add to growing concern that Trump is plotting a way to use his power over the military and federal law enforcement to rig next yearโ€™s vote.

03.09.2025 21:41 โ€” ๐Ÿ‘ 3898    ๐Ÿ” 1801    ๐Ÿ’ฌ 346    ๐Ÿ“Œ 133
Preview
176. Illinois v. Texas A quick look at President Trump's (apparent) plan to send uninvited and un-federalized Texas National Guard troops into Illinoisโ€”and how it could (and maybe should) quickly end up in the Supreme Court

Via "One First," my quick stab at the legal authority President Trump will likely claim allows him to deploy un-federalized Texas National Guard troops to Illinois; why such a deployment without Illinois's consent *ought* to be unlawful; and the options Illinois will have for litigating that issue:

03.09.2025 00:02 โ€” ๐Ÿ‘ 864    ๐Ÿ” 282    ๐Ÿ’ฌ 53    ๐Ÿ“Œ 18
Case: 25-1812
Document: 159
Page: 5 Filed: 08/29/2025
V.O.S. SELECTIONS, INC. V. TRUMP
The Government appeals a decision of the Court of International Trade setting aside five Executive Orders that imposed tariffs of unlimited duration on nearly all goods from nearly every country in the world, holding that the tariffs were not authorized by the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. ยง 1701 et seq. Because we agree that IEEPA's grant of presidential authority to "regulate" imports does not authorize the tariffs imposed by the Executive Orders, we affirm.

Case: 25-1812 Document: 159 Page: 5 Filed: 08/29/2025 V.O.S. SELECTIONS, INC. V. TRUMP The Government appeals a decision of the Court of International Trade setting aside five Executive Orders that imposed tariffs of unlimited duration on nearly all goods from nearly every country in the world, holding that the tariffs were not authorized by the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. ยง 1701 et seq. Because we agree that IEEPA's grant of presidential authority to "regulate" imports does not authorize the tariffs imposed by the Executive Orders, we affirm.

BREAKING: Federal Circuit, 7-4, rejects Trumpโ€™s tariffs under the IEEPA, affirming the lower courtโ€™s decision against Trump. www.cafc.uscourts.gov/opinions-ord...

29.08.2025 21:48 โ€” ๐Ÿ‘ 1315    ๐Ÿ” 330    ๐Ÿ’ฌ 42    ๐Ÿ“Œ 43

39th & 40th Congress: we are writing these constitutional amendments to give the federal government the power to address racial inequities and enforce a set of national civil rights

Roberts Court: but what if you didn't

02.08.2025 00:14 โ€” ๐Ÿ‘ 970    ๐Ÿ” 175    ๐Ÿ’ฌ 4    ๐Ÿ“Œ 2

There was a LOOOOONG delay in issuing the supplemental briefing order, burying it on a Friday in August rather than at the end of the Supreme Court term when everyone was paying attention.

01.08.2025 21:39 โ€” ๐Ÿ‘ 169    ๐Ÿ” 64    ๐Ÿ’ฌ 7    ๐Ÿ“Œ 4

The Supreme Court knocked down one of the two pillars of the Voting Rights Act in 2013 in the Shelby County case. It has now gone out of its way to consider whether it should knock down the other, by rescheduling arguments in a case it could have resolved in June under existing precedent.

01.08.2025 23:10 โ€” ๐Ÿ‘ 911    ๐Ÿ” 346    ๐Ÿ’ฌ 40    ๐Ÿ“Œ 29
CORDER LIST: 606 U.S.)
FRIDAY, AUGUST 1, 2025
24-109
24-110
ORDER IN PENDING CASES
LOUISIANA V. CALLAIS, PHILLIP, ET AL.
ROBINSON, PRESS, ET AL. V. CALLAIS, PHILLIP, ET AL.
The parties are directed to file supplemental briefs
addressing the following question raised on pages 36-38 of the
Brief for Appellees:
Whether the State's intentional creation of
a second majority-minority congressional district violates the
Fourteenth or Fifteenth Amendments to the U. S. Constitution.
Supplemental briefs for appellants are due on or before Wednesday,
August 27, 2025. Supplemental brief for appellees is due on or
before Wednesday, September 17, 2025. Reply briefs are due on or
before 2 p.m., Friday, October 3, 2025. The time to file amicus
curiae briefs is as provided for by this Court's Rule 37.3. Word
limits and cover colors for the briefs should correspond to the provisions of this Court's Rule 33.1(g) pertaining to briefs on the merits rather than to the provision pertaining to supplemental

CORDER LIST: 606 U.S.) FRIDAY, AUGUST 1, 2025 24-109 24-110 ORDER IN PENDING CASES LOUISIANA V. CALLAIS, PHILLIP, ET AL. ROBINSON, PRESS, ET AL. V. CALLAIS, PHILLIP, ET AL. The parties are directed to file supplemental briefs addressing the following question raised on pages 36-38 of the Brief for Appellees: Whether the State's intentional creation of a second majority-minority congressional district violates the Fourteenth or Fifteenth Amendments to the U. S. Constitution. Supplemental briefs for appellants are due on or before Wednesday, August 27, 2025. Supplemental brief for appellees is due on or before Wednesday, September 17, 2025. Reply briefs are due on or before 2 p.m., Friday, October 3, 2025. The time to file amicus curiae briefs is as provided for by this Court's Rule 37.3. Word limits and cover colors for the briefs should correspond to the provisions of this Court's Rule 33.1(g) pertaining to briefs on the merits rather than to the provision pertaining to supplemental

๐Ÿ˜ฌThe Supreme Court will consider whether the intentional creation of a majority-minority congressional district violates the 14th or 15th Amendments.

If the answer is yes, SCOTUS will effectively declare that what remains of the Voting Rights Act is unconstitutional. This is very, very ominous.

01.08.2025 21:39 โ€” ๐Ÿ‘ 3116    ๐Ÿ” 1363    ๐Ÿ’ฌ 194    ๐Ÿ“Œ 254
Preview
SCOTUS Could Be Set to End Key Protection for Minority Voters Read more here.

๐ŸšจBREAKING: The U.S. Supreme Court escalated the high-stakes redistricting battle in Louisiana by ordering new legal briefings on whether intentionally creating a second majority-Black congressional district โ€” to comply with the Voting Rights Act โ€” might violate the U.S. Constitution.

01.08.2025 21:52 โ€” ๐Ÿ‘ 2718    ๐Ÿ” 1246    ๐Ÿ’ฌ 222    ๐Ÿ“Œ 88

let's take stock here:

(Democratic) Presidents, via the Dept of Education, can't cancel student debt because statutes don't clearly authorize it.

Republican Presidents can cancel/shut down the Dept of Education because, even though only Congress can shut down departments ..., ... ๐Ÿคทโ€โ™€๏ธ YOLO?

14.07.2025 19:57 โ€” ๐Ÿ‘ 4158    ๐Ÿ” 1534    ๐Ÿ’ฌ 150    ๐Ÿ“Œ 77

Not to put too fine a point on it, but the conservative majority wouldnโ€™t let Biden halt a single border program, in a case where plaintiffs did not have standing and the actions were clearly lawful (as they later affirmed!), but did let Trump kill an entire Department via clearly unlawful actions.

14.07.2025 21:00 โ€” ๐Ÿ‘ 2250    ๐Ÿ” 729    ๐Ÿ’ฌ 51    ๐Ÿ“Œ 28

Since April 4, #SCOTUS has issued 15 rulings on 17 emergency applications filed by Trump (three birthright citizenship apps were consolidated).

It has granted relief to Trump ... in all 15 rulings.

It has written majority opinions in only 3.

Today's order is the 7th with no explanation *at all.*

14.07.2025 19:38 โ€” ๐Ÿ‘ 5906    ๐Ÿ” 2831    ๐Ÿ’ฌ 308    ๐Ÿ“Œ 351

The Supreme Court should preserve the status quo until legal questions are resolved and explain the disposition of cases for the public. They are abdicating basic principles of equity and failing to fulfill their institutional role. They arenโ€™t pretending to try. There isnโ€™t even the veneer of law.

14.07.2025 20:08 โ€” ๐Ÿ‘ 9004    ๐Ÿ” 2584    ๐Ÿ’ฌ 290    ๐Ÿ“Œ 129

This (along with other recent shadow-docket rulings on the civil service) is great news for the next Democratic president, who can now fire every ICE agent on day one without a single vote in Congress.

14.07.2025 19:59 โ€” ๐Ÿ‘ 475    ๐Ÿ” 85    ๐Ÿ’ฌ 26    ๐Ÿ“Œ 22

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