Immigration: The Federal Solution
The conflict over immigration has become something close to a civil war, with the federal government blocking state action against federal agents arguably guilty of murder.
Here’s a proposal, worth considering IMHO, to defuse passions over immigration with federalism: Let each state adopt their own visa policies. (Lest you think that idea mad, read Cristina Rodriguez, “The Significance of the Local in Immigration Regulation” (2008)). open.substack.com/pub/daviddfr...
28.01.2026 13:31 —
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A fine thread from @richardprimus.bsky.social on Judge Immergut’s opinion barring use of the National Guard in Portland. As SCOTUS observed in Dep’t of Commerce v NY, “Our review is deferential, but we are ‘not required to exhibit a naiveté from which ordinary citizens are free.’”
06.10.2025 22:10 —
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Just to give you you an idea of what sorts of cards states have to play, consider this chart — and realize that a giant % of federal spending is tied up in defense, interest on debt, and non-discretionary entitlements. taxpolicycenter.org/sites/defaul...
06.10.2025 13:55 —
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Special Feature: Must Administrative Officers Serve at the President’s Pleasure?
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
I strongly recommend this fine essay by Caleb Nelson evaluating the originalist basis of the theory that all executive officers must serve at the President’s pleasure. Nelson, committed to originalism, sees nothing in Art II requiring such a presidential power. democracyproject.org/posts/must-a...
02.10.2025 17:23 —
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Good morning, Brooklyn!
29.09.2025 10:39 —
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Isn’t the most logical explanation for the ICAO decision to include a sex field in Doc 9303 that they needed the form to be standard across nations to be machine-readable? Some nations had a sex field for passports, some didn’t, so the ICAO included the field for ease of adoption across both?
20.09.2025 10:48 —
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Sure, but I don’t get a lot of land-use and local gov’t news, data, or analysis here. Elmendorf posts his 🧵s on X so far as I can tell. The zoning news items from smaller jurisdictions or latest NBER papers mostly don’t show up here as they did in the twitter days. Maybe I need to curate better…
15.09.2025 01:36 —
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Against Bluesky (and Blueskyism)
Politics, echo chambers, and the difference between persuasion, propaganda, and performance on social media
Another essay explaining what’s wrong with Blue Sky. (TL;DR: Too many keyboard warriors competing for Fiercest Invective against The Bad Guys Award). Posting it in hopes that my tiny little corner of this place might get better. open.substack.com/pub/conspicu...
14.09.2025 21:18 —
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True, Greer’s writing from the Right. Maybe it’s just me, but I don’t hear a lot of vitriol from Tanner against “the Left” in this piece—certainly not the sort of invective that writers from the Right typically use to blame Kirk’s murder on progressives or liberals.
14.09.2025 21:05 —
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Bullets and Ballots: The Legacy of Charlie Kirk
What did Charlie Kirk mean to the Young Right?
Tanner Greer’s analysis of Kirk’s significance to young people on the Right. The viewpoint here is alien to BlueSky. If you react with as little vitriol as this essay contains, then — congrats! — you’ll have shown a level of empathy atypical of social media. scholarstage.substack.com/p/bullets-an...
14.09.2025 20:47 —
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YouTube video by SMU Jones Film
HUD Secretary Carla Hills Tours A Solar Home North Of Dallas - October 1976
A clip of my mom in 1976 touting (1) federal subsidies for housing and (2) this new fangled thing called “solar energy.” She’s a Republican, folks. youtube.com/watch?v=Tptf...
14.09.2025 13:11 —
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8 CFR 287.8 -- Standards for enforcement activities.
A question for immigration law profs like @adambcox.bsky.social : Has there been litigation on the meaning of DHS rule (287.8(c)(2)(iii)) requiring officers to identify themselves as soon as it is practical and safe to do so? Masking seems to be in tension w/ the rule. www.ecfr.gov/current/titl...
07.09.2025 16:43 —
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What is Blueskyism?
And why is it so toxic for political persuasion?
“Humorless, scoldy neuroticism, often rationalized by the view that one must be on ‘war footing‘ because the world is self-evidently in crisis.” open.substack.com/pub/natesilv...
06.09.2025 04:05 —
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Palmer amaranth, the king of weeds, cripples new herbicides
Scientists in the US sound the alarm about a crop-smothering weed that is growing resistant to multiple herbicides
Palmer’s Pigweed didn’t just defeat me: It has evolved a genetic resistance to glyphosate (aka Round-Up), costing millions in lost cotton and soybean crops that it swamps. So, yes, it is noxious (albeit edible!) But still it deserves some respect for sheer toughness. cen.acs.org/business/spe...
05.08.2025 19:50 —
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Having spent dozens of hours digging up a rogues’ gallery of weeds (Russian Thistle, tumble weeds the size of beach balls, globemallow, punture weed loaded with goats’ heads, etc), I am sparing this 6’ Palmer’s Pigweed growing out of a cement block out of sheer respect for its tenacity.
05.08.2025 19:41 —
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As @zhangtaisu.bsky.social @bridgetfahey.bsky.social and Lin note, there are many areas in which states can provide a check on federal manipulation of data. Jobs and inflation, however, are two areas where this safeguard fails, because states lack the state capacity to generate reliable numbers.
01.08.2025 19:51 —
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Because the BLS provides information that political appointees can review and reject, Noah and I argue that Congress can always insulate BLS staff from serving at the Prez’s pleasure. But, as Abbe Gluck notes, loose language in Braidwood puts that position at risk. www.scotusblog.com/2025/07/expe...
01.08.2025 19:35 —
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bsky.app/profile/rick...
01.08.2025 19:18 —
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Trump fires labor statistics boss hours after weak jobs report
The president implied that the BLS commissioner, longtime federal employee Erika McEntarfer, manipulated the data "for political purposes."
McEntarfer is the epitome of the apolitical civil servant. She started at the Census Bureau 20 years ago as a labor economist and has worked at calculating jobs numbers ever since. She was confirmed by the Senate 86-8 in 2024, at the height of partisan polarization. www.nbcnews.com/business/eco...
01.08.2025 19:17 —
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The "Freethinkers" Who Aren't
How the “heterodox” became what they hated
“…you shouldn’t treat the fact that you don’t believe the same dogma as everyone else as meaning you’re immune from dogma.” benthams.substack.com/p/the-freeth...
28.07.2025 21:14 —
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compression culture is making you stupid and uninteresting
why the death of nuance should scare you -your fav gen z philosopher xx
Insightful essay on why the culture of impatience captured by “TL;DR” is destroying your capacity to think, grow, and feel. It really isn’t TL: Give it an R. open.substack.com/pub/maalvika...?
26.07.2025 14:51 —
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I am old enough to remember when a parade of litigators marched into Andrew Hanen’s courtroom for non-party remedies.
11.07.2025 00:30 —
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Yes, ofc, if the only variable to be maximized were “Trump loses *now*” then, sure, non-party injunctions are a handy weapon. But maybe there are other values? Like not gumming up the Buttigieg (or whoever’s) administrative w/ non-party injunctions? Biden, Obama were afflicted w/ these plagues.
11.07.2025 00:29 —
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Opinion | Something Extraordinary Is Happening All Over the World
“Our politics revolve around the idea that scarce resources mean keeping people out. We are utterly unprepared for a world in which perhaps the scarcest resource will be people.” www.nytimes.com/2025/01/31/o...
09.07.2025 18:39 —
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