Mark Tushnet

Judge Immergut was appointed to the US Foreign Intelligence Surveillance Court by CJ Roberts.

Birthright Citizenship | Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America Why are the birthright citizenship cases both not such a big deal and a big deal? After going through the arguments for the Trump administration’s position in some detail (the arguments against it are...

Why are the birthright citizenship cases not such a big deal and a big deal? Find out why in supreme-betrayal-how-the-supreme-court-and-constitutional.simplecast.com/episodes/bir...
open.spotify.com/episode/0eTv...
podcasts.apple.com/us/podcast/b...

A Conversation with Will Baude | Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America Our conversation with Will Baude covers his ideas about originalism as "our law" and the implications of his position for a constitution--ours, perhaps--that isn't normatively attractive overall.

2/ supreme-betrayal-how-the-supreme-court-and-constitutional.simplecast.com/episodes/a-c...
podcasts.apple.com/us/podcast/a...

1/ Latest episode of Supreme Betrayal dropped--conversation with Will Baude about originalism as "our law" and the implications if the constitution is, as ours might be, unattractive: open.spotify.com/episode/1BLi...

4/ "would deny ... the attorney for the Government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence." (You can snarkily imagine what such a motion would say about the time Halligan needs to prepare.)

3/ and disputes about admissibility of evidence) suspend the clock. & the gov't can move for a continuance once trial is scheduled by showing (in a simple case) that failing to grant the continuance ...

2/ appears (at the low end of the annual statistics) to be about 10 months. FWIW, time to trial for the Florida attempt on Trump was just under a year. Comey's entitled to insist on a trial w/in 30 days but consideration of pretrial motions, if any (like vindictive prosecution...

1/ A note on a term that's likely to bandied about misleadingly: The ED VA has what's known as a rocket docket but the term was invented to describe time to trial for civil cases, not criminal ones. (Use your favorite search engine to confirm that.) Average time to trial for criminal cases ...

I wonder whether Homan declared the $50k as 2024 income last April. (Still has time to amend the return, I suppose.)

Only time will tell whether John Roberts is a modern Roger Taney (endorsed an evil regime & contributed to causing a literal civil war) or a modern Melville Fuller (Who? precisely; let the Gilded Era's domination by wealth go unchecked but followed by Progressive Era).

Now let's see what's on the menu for TACO Tuesday.

I feel vindicated, having told folks that I'd bet (with narrow odds) on Kimmel's reinstatement relatively quickly. (Waited to post this until I saw it on the NYT website.)

Listening to excerpts from Leavitt's briefing today I had this flash: These people don't believe that they have immortal souls that can be endangered by lying. The crosses many of them wear must stand for some other beliefs.

As an experiment I asked Perplexity for a 250 word biographical statement and it produced a perfectly serviceable one. I did a little editing and now might use it rather than the somewhat longer one I've been using.

To quote DJT, I am designating ICE & leaders Stephen Miller and Kristi Noem a major terrorist organization. His & my designations have exactly the same legal effect though his is likely to have a larger practical effect than mine (though given that Antifa doesn't exist, maybe not that much larger)..

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Three days in a row! This can't last.

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Two days in a row!

I hope political scientists are taking notes for a study of the relative power of The State and Civil Society (first Harvard, now the Ford Foundation) in the United States. I'd take narrow odds favoring Civil Society.

Recap and Trump's Tariffs | Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America We pick up after our summer break with a recap of our arguments about constitutional theory. Then we discuss the pending Supreme Court decision about President Trump’s power to impose tariffs, getting...

Andthe RSS feed for our episode onTrump's Tariffs:
supreme-betrayal-how-the-supreme-court-and-constitutional.simplecast.com/episodes/rec...

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I missed when this went up--Judicial Time: A Research Note: papers.ssrn.com/sol3/papers..... No law review to which it was submitted was interested in it, but (no surprise) I think it offers a new and helpful perspective on some current matters of interest to both law folks and political scientists.

Recap and Trump's Tariffs Podcast Episode · Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America · 09/14/2025 · 45m

The Apple Podcast link for our episode on the tariff case: podcasts.apple.com/us/podcast/r...

Recap and Trump's Tariffs

Returning after our summer break, a new episode of Supreme Betrayal, on the pending tariff decision, going into the weeds and guessing somewhat tentatively that the Court will OK the tariffs (link to Apple Podcasts to come when I figure it out): open.spotify.com/episode/4m2L...

I gave a presentation to a seminar at Miami Law School on constitutional hardball. It's available, along with other presentations to the seminar, here: www.discourse.net/2025/09/miam...
FWIW there's a brief discussion of whether the term "constitutional crisis" is helpful (I'm on the "no" side).

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I can't be the first to say this but it hasn't appeared in my feed. We really do appear to have a Marxist administration (in this case, Chico not Groucho): "Who you gonna believe, me or your eyes?" (from Duck Soup)

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Looks like the Anthropic settlement may get me more than the royalties on a number of the books I've written. Fingers crossed!

I had Wordle 1,535 2/6

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Frustration at progressive commentariat on legal issues: I can generate b/t 10 & 20 nonfrivolous legal qs. that have to be answered before u can answer w/ some modest confidence the q., Will Lisa Cook exercise authority as a Fed member in the short or long run? Almost none raised by the commentariat