Jamal Greene's Avatar

Jamal Greene

@jamalgreene.bsky.social

Dwight Professor of Law, Columbia Law School. Ex-DOJ/OLC. Becoming familiar with your game. How Rights Went Wrong available at Bookshop.org (https://tinyurl.com/se32my4r), Amazon (https://tinyurl.com/3vbcfwa4), or a decent public library.

23,466 Followers  |  467 Following  |  1,704 Posts  |  Joined: 20.10.2023  |  2.4908

Latest posts by jamalgreene.bsky.social on Bluesky

This is endurance.
bsky.app/profile/alex...

04.02.2026 17:52 โ€” ๐Ÿ‘ 8    ๐Ÿ” 3    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

The thing is, for businesses that are public goods and not just profit centers, and whose missions include holding government and other powerful actors to account, "enduring" without "thriving" is a badge of honor, not a bug.

04.02.2026 17:50 โ€” ๐Ÿ‘ 17    ๐Ÿ” 3    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 1
04.02.2026 03:38 โ€” ๐Ÿ‘ 9    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

Not only are IJs not "judges" as we usually understand the term, but they aren't even the ones who issue administrative warrants!

03.02.2026 15:45 โ€” ๐Ÿ‘ 8    ๐Ÿ” 1    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

Timeline cleanse.

03.02.2026 14:40 โ€” ๐Ÿ‘ 17    ๐Ÿ” 3    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

(1) Most respondents approved, (2) the margin of error for this 58-player poll is a double-digit number, (3) we don't know how many players approved of other halftime acts, and (4) the players are not the audience. Nothingburger.

03.02.2026 13:53 โ€” ๐Ÿ‘ 38    ๐Ÿ” 13    ๐Ÿ’ฌ 5    ๐Ÿ“Œ 0

As the purpose is accountability rather than prediction, I would place no such asterisk.

03.02.2026 12:09 โ€” ๐Ÿ‘ 1    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

"Plaintiffs charge that Secretary Noem preordained her termination decision and did so because of hostility to nonwhite immigrants. This seems substantially likely."

03.02.2026 00:51 โ€” ๐Ÿ‘ 37    ๐Ÿ” 9    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
FRITZ EMMANUEL LESLY MIOT, et al.,
Plaintiffs,
Case No. 25-cv-02471 (ACR)
V.
DONALD J. TRUMP, et al.,
Defendants.
MEMORANDUM OPINION
On December 2, 1783, then-Commander-in-Chief George Washington penned: "America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions." More than two centuries later, Congress reaffirmed President
Washington's vision by establishing the Temporary Protected Status (TPS) program. See 8
U.S.C. ยง 1254a (TPS statute). It provides humanitarian relief to foreign nationals in the United
States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS
holders generating $5.2 billion in taxes annually. See Part VI.
Department of Homeland Security (DHS) Secretary Kristi Noem has a different take.?
eSec Noem
I just met with the President.
I am recommending a full travel ban on every damn country that's been flooding our nation with killers, leeches, and entitlement junkies.
Our forefathers built this nation on blood, sweat, and the unyielding love of freedom-not for foreign invaders to slaughter our heroes, suck dry our hard-earned tax dollars, or snatch the benefits owed to AMERICANS.
WE DON'T WANT THEM. NOT ONE.
6:52 PM - Dec 1, 2025 - 13.2M Views
' Letter from George Washington to Joshua Holmes (December 2, 1783).
2 Dkt. 90 (Second Am. Compl.) 1110 n.91. But see supra n.l.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FRITZ EMMANUEL LESLY MIOT, et al., Plaintiffs, Case No. 25-cv-02471 (ACR) V. DONALD J. TRUMP, et al., Defendants. MEMORANDUM OPINION On December 2, 1783, then-Commander-in-Chief George Washington penned: "America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions." More than two centuries later, Congress reaffirmed President Washington's vision by establishing the Temporary Protected Status (TPS) program. See 8 U.S.C. ยง 1254a (TPS statute). It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually. See Part VI. Department of Homeland Security (DHS) Secretary Kristi Noem has a different take.? eSec Noem I just met with the President. I am recommending a full travel ban on every damn country that's been flooding our nation with killers, leeches, and entitlement junkies. Our forefathers built this nation on blood, sweat, and the unyielding love of freedom-not for foreign invaders to slaughter our heroes, suck dry our hard-earned tax dollars, or snatch the benefits owed to AMERICANS. WE DON'T WANT THEM. NOT ONE. 6:52 PM - Dec 1, 2025 - 13.2M Views ' Letter from George Washington to Joshua Holmes (December 2, 1783). 2 Dkt. 90 (Second Am. Compl.) 1110 n.91. But see supra n.l.

So says the official responsible for overseeing the TPS program. And one of those (her word)
"damn" countries is Haiti. Relevant here, three days before making the above post, Secretary
Noem announced she would terminate Haiti's TPS designation as of February 3, 2026. See 90
Fed. Reg. 54733 (Nov. 28, 2025) (Termination).
Plaintiffs are five Haitian TPS holders. They are not, it emerges, "killers, leeches, or
entitlement junkies." They are instead: Fritz Emmanuel Lesly Miot, a neuroscientist researching
Alzheimer's disease, Dkt. 90 (Second Am. Compl. (SAC)) 1 1; Rudolph Civil, a software
engineer at a national bank, id. 1 2; Marlene Gail Noble, a laboratory assistant in a toxicology
department, id. | 3; Marica Merline Laguerre, a college economics major, id. 9| 4; and Vilbrun Dorsainvil, a full-time registered nurse, id. 9|5. They claim that Secretary Noem's decision violates the Administrative Procedure Act (APA), 5 U.S.C. ยง 706(2), and the Fifth Amendment of
the U.S. Constitution. The Government counters that the Court does not have jurisdiction, and, in any case, the Secretary did not violate the law.
Plaintiffs seek to stay the Secretary's decision under 5 U.S.C. ยง 705 pending the outcome
of this litigation. See Dkt. 81 (ยง 705 Mot.). To decide their motion, the Court considers first whether it has jurisdiction. It does. See Part II. It then considers: whether Plaintiffs have a
substantial likelihood of success on the merits; whether they will be irreparably harmed absent a
stay; and whether a merged balance of the equities and public interest analysis favors a stay. See
Part III. Each element favors Plaintiffs. See Parts IV, V, and VI.

So says the official responsible for overseeing the TPS program. And one of those (her word) "damn" countries is Haiti. Relevant here, three days before making the above post, Secretary Noem announced she would terminate Haiti's TPS designation as of February 3, 2026. See 90 Fed. Reg. 54733 (Nov. 28, 2025) (Termination). Plaintiffs are five Haitian TPS holders. They are not, it emerges, "killers, leeches, or entitlement junkies." They are instead: Fritz Emmanuel Lesly Miot, a neuroscientist researching Alzheimer's disease, Dkt. 90 (Second Am. Compl. (SAC)) 1 1; Rudolph Civil, a software engineer at a national bank, id. 1 2; Marlene Gail Noble, a laboratory assistant in a toxicology department, id. | 3; Marica Merline Laguerre, a college economics major, id. 9| 4; and Vilbrun Dorsainvil, a full-time registered nurse, id. 9|5. They claim that Secretary Noem's decision violates the Administrative Procedure Act (APA), 5 U.S.C. ยง 706(2), and the Fifth Amendment of the U.S. Constitution. The Government counters that the Court does not have jurisdiction, and, in any case, the Secretary did not violate the law. Plaintiffs seek to stay the Secretary's decision under 5 U.S.C. ยง 705 pending the outcome of this litigation. See Dkt. 81 (ยง 705 Mot.). To decide their motion, the Court considers first whether it has jurisdiction. It does. See Part II. It then considers: whether Plaintiffs have a substantial likelihood of success on the merits; whether they will be irreparably harmed absent a stay; and whether a merged balance of the equities and public interest analysis favors a stay. See Part III. Each element favors Plaintiffs. See Parts IV, V, and VI.

Finally, the balance of equities and public interest favor a stay. The Government does not
cite any reason termination must occur post haste. Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959
lawful immigrants into unlawful immigrants overnight. She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. She complains of strains to our healthcare system. Her answer? Turn the insured into the uninsured. This approach is many thingsโ€” in the public interest is not one of them.
For the reasons below, the Court GRANTS Plaintiffs' Renewed Motion for a Stay Under
5 U.S.C. ยง 705, Dkt. 81.

Finally, the balance of equities and public interest favor a stay. The Government does not cite any reason termination must occur post haste. Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight. She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. She complains of strains to our healthcare system. Her answer? Turn the insured into the uninsured. This approach is many thingsโ€” in the public interest is not one of them. For the reasons below, the Court GRANTS Plaintiffs' Renewed Motion for a Stay Under 5 U.S.C. ยง 705, Dkt. 81.

BREAKING: Judge Ana Reyes, in DC, issues a stay of DHS Sec. Noemโ€™s decision to end Haitiโ€™s temporary protected status (TPS) designation, a decision that was to go into effect on Tuesday and could have ended legal status for up to 350,000 people overnight. storage.courtlistener.com/recap/gov.us...

03.02.2026 00:42 โ€” ๐Ÿ‘ 4272    ๐Ÿ” 1403    ๐Ÿ’ฌ 43    ๐Ÿ“Œ 167

Some post-apocalyptic social historian is going to discover this clip and tear up their dissertation.

02.02.2026 21:58 โ€” ๐Ÿ‘ 31    ๐Ÿ” 4    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 0

I would add that anyone trying to โ€œtake over the votingโ€ would be involved in a criminal conspiracy. Anyone whose mind such a thing might enter should constantly be made aware of that fact and its consequences. Especially those who do not enjoy SCOTUS-conferred immunity (i.e., everyone, save one).

02.02.2026 20:07 โ€” ๐Ÿ‘ 45    ๐Ÿ” 15    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

If youโ€™re a tenured con law prof interested in election law, Ga State is looking for you to join @anthonymkreis.bsky.social, @andrewwillinger.bsky.social, Neil Kinkopf and me. Exciting new Con Law/Democracy Center opening soon! Hereโ€™s the Ad: nam11.safelinks.protection.outlook.com?url=https%3A...

02.02.2026 15:46 โ€” ๐Ÿ‘ 33    ๐Ÿ” 23    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0
Preview
Source: Measles outbreak reported at ICE's Dilley family detention facility DPS troopers stand guard in front of the Dilley detention center during a protest last weekend. After a week of public outcry over the Dilley, Texas South

It appears there is now a measles outbreak at the Dilley family detention facility. www.sacurrent.com/news/san-ant...

01.02.2026 23:17 โ€” ๐Ÿ‘ 1158    ๐Ÿ” 584    ๐Ÿ’ฌ 75    ๐Ÿ“Œ 111

Not saying they would, but they could, whether based on emoluments or the integrity of the judicial process โ€” the courts are always a potential exception. See, eg, Williams-Yulee v. Florida Bar.

01.02.2026 22:20 โ€” ๐Ÿ‘ 6    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

I would think this a matter of courtesy/kindness/gratitude rather than a matter of professional ethics.

01.02.2026 17:20 โ€” ๐Ÿ‘ 5    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0
Preview
โ€˜Spy Sheikhโ€™ Bought Secret Stake in Trump Company $500 million investment for 49% of World Liberty came months before U.A.E. won access to tightly guarded American AI chips.

In the days before the presidential inauguration, an Emirati sheikh paid $187 million to entities controlled by Donald Trumpโ€™s family to take a major stake in one of the presidentโ€™s crypto companies, World Liberty Financial.
www.wsj.com/politics/pol...

01.02.2026 15:31 โ€” ๐Ÿ‘ 995    ๐Ÿ” 434    ๐Ÿ’ฌ 24    ๐Ÿ“Œ 48
Post image Post image Post image Post image

Yesterday, five-year-old Liam and his dad Adrian were released from Dilley detention center. I picked them up last night and escorted them back to Minnesota this morning.

Liam is now home. With his hat and his backpack.

01.02.2026 15:49 โ€” ๐Ÿ‘ 67329    ๐Ÿ” 16181    ๐Ÿ’ฌ 2586    ๐Ÿ“Œ 1841

*She. (I am not the author.)

01.02.2026 15:22 โ€” ๐Ÿ‘ 1    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

"A 2-year-old boy was breastfeeding in detention. One 6-year-old boy had leukemia. An 8-year-old girl began wetting the bed. A 14-year-old girl engaged in self-harm." A must read.

01.02.2026 13:58 โ€” ๐Ÿ‘ 466    ๐Ÿ” 308    ๐Ÿ’ฌ 8    ๐Ÿ“Œ 10
Preview
Opinion | Liam Ramos Is Just One of Hundreds of Children at This Detention Center. Release Them All.

Liam Conejo Ramos is not alone. (gift link) www.nytimes.com/2026/02/01/o...

01.02.2026 13:07 โ€” ๐Ÿ‘ 433    ๐Ÿ” 216    ๐Ÿ’ฌ 8    ๐Ÿ“Œ 21

I realize this kind of casual lawlessness has become par for the course, but let's not lose sight of the fact that AUSAs are civil servants who should not, of course, be hired based on whether they support the President.

01.02.2026 03:38 โ€” ๐Ÿ‘ 80    ๐Ÿ” 23    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 0

I'd think the absence of a written opinion makes the headline worse, since we can't actually know whether the judge found anything in Northwestern's papers persuasive.

01.02.2026 01:39 โ€” ๐Ÿ‘ 8    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0
Video thumbnail

The group bike ride for Alex Pretti is about to depart in Minneapolis, stopping at his memorial, then Renee Goodโ€™s, and finishing at the VFW. If you can join, hop on anywhere. Itโ€™s a warm 17ยฐ & sunny!

Iโ€™ve never seen this many cyclists for a group ride. โšก๏ธโœŠ๐Ÿฝโšก๏ธ๐Ÿšฒโšก๏ธโœŠ๐Ÿฝโšก๏ธ #RIPPretti

31.01.2026 19:41 โ€” ๐Ÿ‘ 5090    ๐Ÿ” 1422    ๐Ÿ’ฌ 91    ๐Ÿ“Œ 116
Preview
Opinion | ICE Took Their Classmate. They Started Writing Letters.

Messages to ICE from students at Liam Conejo Ramos's elementary school. (gift link) www.nytimes.com/2026/01/31/o...

31.01.2026 12:56 โ€” ๐Ÿ‘ 678    ๐Ÿ” 276    ๐Ÿ’ฌ 19    ๐Ÿ“Œ 19

Spent 24 years in Criminal Division and as an AUSA in Massachusetts. I am not aware of this ever happening.

31.01.2026 00:57 โ€” ๐Ÿ‘ 405    ๐Ÿ” 36    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

I think both potentially bad strange in an Arlington Heights sense ("Departures from the normal procedural sequence also might afford evidence that improper purposes are playing a role.").

31.01.2026 01:58 โ€” ๐Ÿ‘ 5    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

Then youโ€™re not my audience.

30.01.2026 23:23 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

Nor I.

30.01.2026 22:58 โ€” ๐Ÿ‘ 33    ๐Ÿ” 1    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

Would be curious from those who know DOJ history better to know how often historically the AG has personally signed an indictment.

30.01.2026 22:55 โ€” ๐Ÿ‘ 1048    ๐Ÿ” 245    ๐Ÿ’ฌ 17    ๐Ÿ“Œ 0

I think it is not hard at all to articulate a method under which English common law is irrelevant to this question given how long (and by which institutions) it has been settled, but it would be unwise to do so in light of the Court's composition.

30.01.2026 21:17 โ€” ๐Ÿ‘ 4    ๐Ÿ” 0    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 0

@jamalgreene is following 20 prominent accounts