Mark Graber

Oregon correctly claimed that Trump's federalization of the Oregon militia deprived Oregon of members of the state militia that might have other uses. If the federal government federalizes state prosecutors or a state park, the state has been injured. So we do not have to wait for other injuries.

Good to win in Oregon, but judge too broadly defined presidential power to use military for law enforcement. 19th law forbids usage unless courts are closed and/or marshals cannot enforce judicial decrees.

Just filed (or CREW filed for me) an amicus brief indicating that deployment of state militia in Oregon is inconsistent with historic practices. Little difference between that brief and the California brief. Happy to share for those interested.

YouTube video by Times Radio Trump’s real strategy is to keep ‘low-information’ voters in the dark | Mark Graber

Some thoughts on Kimmel and of how the marketplace of ideas merges into the commercial marketplace.
www.youtube.com/watch?v=tDk6...

I am listening to the Prime Minister of the United Kingdom on the Middle East (I am on next for a Kirk discussion). Calm, rational, intelligent call for a two-state solution. You can disagree, but the contrast with the President of the United States is stunning.

What Americans Googled After Charlie Kirk Died Speaks Volumes About Where We Are As A Country Since Charlie Kirk’s assassination, there has been much confusion over this phrase.

The drip-drip of free speech weakening

www.huffpost.com/entry/jimmy-...

Experts Sound The Alarm About The Effect Charlie Kirk's Death Is Having On Free Speech "What is happening to people who reject the canonization of Charlie Kirk is a tragedy and a disgrace," one professor said.

Interesting quotes from Mark Graber and, at least before correction Mark Garber (my evil twin). www.huffpost.com/entry/url-ch...

My amicus brief on the history of Militia Acts filed in Trump v. Newsom. www.citizensforethics.org/wp-content/u...

The CREW press release is here: www.citizensforethics.org/legal-action...

By any chance was this BC. This also happened to me today.

Breaking news: Article I published about two years ago has been rejected by a prominent law review.

Here is hoping all my friends will contribute a post indicating that whether in the past few days we decided to call Charlie Kirk a bigot depended on timing and not the truth of the matter. No one who articulated his racial sentiments should be canonized in the US.

Is it appropriate for government agencies in blue states and blue employers to fire anyone who praises Charlie Kirk on social media because that will offend workers and customers who do not believe bigots should be canonized.

Charlie Kirk had a message that mobilized young men. Not enough to say the message was hateful. Progressives need to craft better messages for mobilizing young men (and women).

State Enforcement of Section Three Disqualification:What McConnell Gets Right on Trump v. Anderson and Why He’s Still Wrong - Harvard Law Review Leading originalist Professor Michael McConnell has written a thoughtful dissection of the Supreme Court’s pivotal decision last term in Trump v. Anderson, which...

A terrific post by a terrific young scholar who ought to be on the short list of all appointments committees. harvardlawreview.org/blog/2025/09...

Prof near retirement: I have no thoughts about X, but the conference is in a place with nice restaurants so here goes.

Happy to explain to @kendrawrites.com . My email is mgraber@law.umaryland.edu. I can answer questions or we can set up a chat.

Progressives lower the flag to communicate to conservatives mourning Charley Kirk that they are part of our community and to other progressives that violence to obtain political goals is unacceptable.

(Book Event) Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War - New York Law School Download PDF Invite. DATEFriday, October 10, 2025 TIME9:30 a.m. – 3:30 p.m. ETOptional tour of Tribeca to follow the program. LOCATIONRoom W220New

For those of you in NYC on October 11. Thank you so much to Penny Andrews for sponsoring this and other friends for participating.

www.nyls.edu/events/book-...

The US supreme court may address Trump’s tariffs. Does he want to win? The president has claimed any decision against him would ‘destroy’ the ‘financial fabric of our country’

Some thoughts on the Roberts Court, Trump, tariffs, and litigating to lose. www.theguardian.com/us-news/2025...

Last revisions done to amicus in Trump v. Newsom. History prohibits federalizing the nat. guard unless invasion, rebellion, (widespread, substantial, and sustained effort to overthrow the gov.), or no law enforcement because uprising has closed federal courts. Link by the middle of next week.

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 ...

The President may use troops for law enforcement only when a) no other federal civilian forces are available and b) when courts are closed or judicial orders are being flouted. For the beginnings of the argument, see www.journalofthecivilwarera.org/2025/07/the-... Still working on the details.

Court throws out lawsuit by Trump administration against all Maryland federal judges A federal judge on Tuesday threw out the Trump administration’s lawsuit against Maryland’s entire federal bench in a ruling that underscored the extraordinary nature of the suit and accused the White ...

Least surprising judicial decision of 2025, which might have been surprising if coming from the Supreme Court. www.yahoo.com/news/article...

Do we really have to imitate Trump. I'm all for redistricting, but maybe our tweeting style might be more adult.

Rather clearly the Democratic leadership is more invested in maintaining being the Democratic leadership than in becoming the majority party (under perhaps new leadership).

Opinion | The Supreme Court Has Finally Found a President It Likes

Donald Trump is dimensionally the worst president in American history. The Roberts Court, already the worst tribunal in American history, is striving to be dimensionally the worst tribunal in American history. Both are great for my media presence. www.nytimes.com/2025/08/05/o...

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.