Mark Graber

I have reached that stage in life where a) when I walk into CVS I assume I have a prescription waiting and b) I get half my daily calories from my medications.

Might an opposition party inform the public about Trump's friend Bolsonaro. Or do Democrats only act after five political consultants go to three ritzy hotels to hold 6 focus groups with 8 people that advise the to make two banal statements.

Serious question. Under "stand your ground" laws, may persons use deadly force to prevent private masked persons who do not show government identification from abducting or otherwise assaulting people on the streets.

Presumably Trump is also going to declare unconstitutional geographic diversity, which was designed to limit the number of Jews and increase the number of white Anglo-Saxons. Most of the diversity students at many schools are white.

Should progressives make clear all the wonderful things Trump's friend Bolsonaro has done and the wonderful policies he supports. Might provide some context for why all of us must pay higher prices on Brazilian goods.

The Militia Act of 1903 in Historical Context - The Journal of the Civil War Era Recent events have turned public attention to the previously obscure Militia Act of 1903 and the even more obscure historians and political scientists interested in eighteenth- and nineteenth-century ...

Starting a project on historical understandings of invasion, rebellion, and executing the laws. Short version. No president during the 18th or 19th century would have federalized state militia to deal with sporadic violence during a political protest.
www.journalofthecivilwarera.org/2025/07/the-...

As Floods Hit, Key Roles Were Vacant at Weather Service Offices in Texas

A real opposition party might say something about this.
www.nytimes.com/2025/07/05/u...

Why can't Democrats and anti-MAGA of all persuasions cheer Mamdani. We need bright new voices. Some of them will be democratic-socialists, others will be more centrist. Seems that right now the need for young blood is far more important than young anti-MAGA blood that skews a certain way.

Just did a skim. Lots of jargon. Any paper that takes Federalist 2 seriously, that Americans in 1787 thought of themselves as having a common ancestry and common religion needs to read some history.

As with Trump and right-wing populist authoritarians in general, the benefits of such actions as the Iran bombing are likely to be very visible and immediate, the costs dispersed over time and less visible.

My Friend, Sandy Levinson of the University of Texas, has a piece in The Nation on this. He would be glad to help.

Reasonably confident you got the wrong Mark A. Graber here. I'm a law professor.

Anyone interested in publishing a short oped or blog detailing that the term "rebellion" in the 19th century referred only to an attempt to overthrow the government, while "insurrection" was used for violent resistance to law enforcement under certain conditions.

Ken Kersch was a wonderful scholar and an even better human being. No one is better at identifying the good reasons (there are also many bad reasons) why young men are abandoning the Democrats. balkin.blogspot.com/2025/06/conf...

Highly recommended

Trump under Section 3 of the Fourteenth Amendment is merely de facto president of the US. And originalism is an effort to develop a novel interpretation of the Constitution, not one faithful to history.

www.gwlr.org/originalism-...

Then there are clowns like me who think reifying the difference between history, political science, and law will be bad for those who think disciplinary boundaries artificial constructs.

Dyland Penningroth has written a wonderful book on race and the common law that I use as a vehicle for thinking about the rule of law and the weapons of the weak.
balkin.blogspot.com/2025/05/the-...

Looks like material from "Making the Thirteenth Amendment Work." What the Constitution looked like between the 13th and 14th amendments.

What are you writing on? I'll be there.

Agree entirely. Perhaps a rule is the bakery must be public and point to another bakery within a mile. I'm experimenting with ideas on Bluesky. Nothing more.

Fair point. Suppose the bakery must post a sign, "no cakes for persons of color." They may lose more business, particularly when the bakery across the street proudly does not discriminate. The question is are imperfect solutions open. This is one. It is imperfect, to say the least.

One example. Let the bakery not sell to same sex couples when the bakery across the street is more than happy to take their business (Andy Koppelman adds that the discriminating business must do so publicly, which may lose business). Happy to share others

Maryland, Israeli and Italian students at the EUI.

Congratulations to ten University of Maryland Carey Law students who had conversations with leading scholars and terrific students from Italy/Israel this week. They had difficult conversations and forged friendships while simultaneously teaching and learning from their peers in other countries.

Sandy Levinson and I made this argument 7 years ago in the Chapman Law Review. Happy to send to interested parties.

On a plane to Rome where ten terrific Maryland law students, Peter Danchin, and I will meet members of the Italian Constitutional Court, discuss democratic backsliding with Italian and Israeli peers, study digital constitutionalism in Florence, and the new world constitutional order in Milan.

With Susan Keller and Carol Nackenoff at the New England Political Science Association discussing Supreme Court decisions.

This professor obviously agrees. But the centerpiece needs top be not on how helping elite institutions helps everyone (which I believe in the case of higher education), but on programs directly affecting the less fortunate.

A resistance to Trump that has Harvard at the center is going to fail. Three cheers for Harvard for standing up to Trump, but progressives need to return to their roots in the middle and lower-middle classes (i.e., people with children who do not even think about attending Ivy League schools).