Blake Emerson

It really is. Also disclose any personal or professional relations and fine to say if there is any notable service to legal community or their profile in going to conferences etc.

Recite the academic-professional standard you are to apply, state your conclusion, then analyze the scholarship in substantial depth to support your conclusion.

What’s notable about this moment is that the expectation is already baked into the Trump admin’s practice that they can fire whoever they wish, given the court’s already stated positions and tendencies. So the Jenga tower has already fallen almost regardless of the foregone outcome

Torture Techniques from CIA Black Sites Were Used at Alligator Alcatraz Amnesty International, interviewing migrant detainees, identifies use of the confinement box. There can be no denying it is a torture prison

They're using the confinement box, one of the most horrific methods of CIA torture in the post-9/11 black sites, against migrants now. This is the direct result of the lack of consequences for the architects of the torture program. Either there will be criminal penalties for this or it will expand.

The only way to fix the mess we are making by overruling Humphrey’s Executor is to make another mess by overruling the intelligible principle test! Then, as the Framers and G-d himself intended, the 6 Republicans on SCOTUS will have all the legislative, executive, and adjudicative power!

The last 80 years mostly excludes World War II. The rest of our “defense of the free world” since then has been a pretty mixed bag!

Let me stop you right there.

They DO have a responsibility not to be complicit in unlawful government actions that undermine free speech and the equal protection of the laws. The press commentariat has that responsibility as well.

They also have no responsibility for the Trump administration ordering, under penalty of bankruptcy inducing funding cut offs, an end to “DEI” programs SCOTUS expressly ruled were permissible.

Cognitive test must have included a “turn on a lawnmower” question that Trump flunked.

Today seems as good a time as any to note my extended discussion of SCOTUS expansion here: papers.ssrn.com/sol3/papers....

Also, @epps.bsky.social and @ganeshsitaraman.bsky.social specifically propose a lottery along @mmasnick.bsky.social's lines here: yalelawjournal.org/pdf/EppsSita...

Universities don’t have any responsibility for the Trump administration violating federal law and the constitution by cutting off billions in funds for medical research that has absolutely no relation to “DEI”, no.

the attempt by the attorney representing Rebecca Slaughter to use Trump v. United States for good is going sideways hard and it is making me even more confident in my opinion that there's no real upside to using Republican legal doctrine

it won't convince Republican judges

it's not meant for us

As the Court hears argument today in Slaughter, check out my article, The Existential Challenge to the Administrative State, Geo. L. J. forthcoming. The Court is really only deciding how far to go. I diagnose this dynamic of ongoing legal destruction in the article. papers.ssrn.com/sol3/papers....

The conservative justices dystopian nightmare is apparently the department of education becoming an independent agency. But they have apparently not been at all concerned about the wholesale dismantling of that agency.

No, don’t do that!

In an ideal world, it should be affirmed based on Congress’ authority under the necessary and proper clause to carry the law into execution.

Good luck to my torts students on their final exam this morning!

Humphrey’s Executor was a shoddily reasoned opinion whose holding was entirely correct and should be upheld (but is about to be overruled).

Shouldn’t be this hard to find a good pair of chocolate brown pants

the idea that a handful of conservative legal scholars have an understanding that should supersede a settlement affirmed my generations of american is astoundingly arrogant, and the idea that trump — or any president — can unilaterally overturn that settlement is just despotism

The other thing about this case, which I just can’t, is the complete impossibility of the president rewriting citizenship law *by executive order*

You know what would have been really easy? To write an amendment that just said that persons formerly enslaved in the US were now citizens. Why doesn’t it use that narrow language, I wonder…

Also what was that accent

House of Dynamite was pretty good but the competence of the Iris Elba administration was completely unrealistic. Really took me out of it

It's largely lost today because we've allowed constitutional law to become the exclusive preserve of lawyers, but the original idea of written constitutionalism was partly one of public education, publicity, & (proto-)democracy—people should be able to read & come to know the law which binds them

Truly delusional justifications for murder at the hands of the state. We’re only one click away from this logic getting turned to domestic relations.

Stop trying to make “attention” happen.

Every such ludicrous expression of “masculine” values and “manliness” merely proves that the identity left has been right all along about the pathologies of gender binaries, patriarchy, and misogyny.

No