Sharon Brett

@leahlitman.bsky.social @jcschwartzprof.bsky.social @dorfonlaw.bsky.social @williambaude.bsky.social @davidasimon.bsky.social @jdmortenson.bsky.social @anthonymkreis.bsky.social @richardre.bsky.social @richardprimus.bsky.social @stevevladeck.bsky.social

15th Annual Junior Faculty Federal Courts Workshop April 24, 2026| KU School of Law

Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting!

Will work on distributing this to various listservs and blogs, but please share if you are able.

I didn't know about the new joint blogging venture - love it (and dan) and excited to follow yall.

Perhaps not to the same degree, but I worry of what is to come, and whether our system of remedies (as interpreted by the courts) is built to withstand it.

This is mostly correct. Most law enforcement agencies wouldn't do something this egregious. I do worry, however, that this sort of behavior at the federal level only emboldens state and local police to match course.

I will continue to add to it, since it (unfortunately) seems like there is new evidence in support of my arguments each day. Comments/feedback welcome, in the meantime.

My essay on the (very incorrect) Kavanaugh concurrence in Vasquez Perdomo has found a home - coming to NYU Law Review Online in early 2026.

For now, draft available here: papers.ssrn.com/sol3/papers....

Of note, when DOJ backed out of the consent decree negotiation process against CPD in Trump1, the IL attorney general stepped up and sued under a parens patriae theory. Not sure that would work against the feds, but I'm sure they're paying attention.

I remember being a baby lawyer at DOJ and being *petrified* of the Hatch Act, like constantly worried something I would say or do would be misinterpreted to be a violation. They pounded the restrictions into you during orientation - you had to watch a whole video module on it!

State Court Oral Arguments to Watch for in October Issues on the dockets include New York’s Voting Rights Act, investigations of gender-affirming care for minors, and Meta’s challenge to a disclosure law for political ads.

Another big month for state supreme court oral arguments. Is there a constitutional right to record law enforcement? Can Texas seek information about PFLAG's membership? Can Michigan deny workers comp to undocumented immigrants? And much more... statecourtreport.org/our-work/ana...

This is a VERY well crafted lawsuit.
1) Plaintiff is natural born.
2) He was detained 2X in a fast-growing part of Alabama, not in a city that Brett Kavanaugh could be easily duped into believing was all migrants.
3) Unwarranted detentions were on private property.
4) He showed Real ID both times.

It is quite unclear how the KS Leg could split up Davids's district in a way that does not put CD2 in play for dems, unless they just go w/ a full patchwork whackadoodle throw-all-the-redistricting-principles-out-the-window precinct free-for-all noncontiguous mayhem map.

Which may very well happen.

Hi hello I litigated the '22 redistricting case in the KS courts & this is legit giving me hives. (1/2)

All good! Former civil rights litigator, now law prof. I’ve worked with IJ on a few different things over the years and it’s great they’re bringing these cases.

This is the new case I posted about this morning (which I think got lost in the shuffle with the release of the truly momentous AAUP decision . . .)

New IJ lawsuit filed today challenging ICE raids of construction sites, wherein ICE detains American citizens in AL, rejects their proof of citizenship, and holds them without PC.

Worth a read, and more evidence of the wide gulf b/w what SCOTUS says is happening and what is actually happening.

All my posts involve you in some way tbh.

Good thing the Kansas Law Review is hosting an entire symposium on this in two weeks!! law.ku.edu/academics/ha...

Photo of black and white postcard and a ziplock bag of cookies.

The world is very dark, and we’re hitting the mid semester craziness, but being friends with @gshans.bsky.social for a long time means you sometimes get a fun postcard in the mail, and if you’re *really* lucky, homemade baked goods.

Thanks friend, for always bringing me joy, both big and small.

That said, I get where it comes from, and I have no creative alternative. I'll just be over here waiving my hands around and screaming into the abyss. . . .

Hot take: I know it is catching on *on here*, but I don't like calling these "Kavanaugh Stops/Detentions." Mostly because Kavanaugh would never experience this, and because it obscures the blatant unconstitutionality of the tactics behind a pithy dig. Also: its not just ICE that does this.

I'm not shrugging!!!!! papers.ssrn.com/sol3/papers....

More time for us to have lunch?

with thanks to @richardre.bsky.social @dorfonlaw.bsky.social for helpful feedback (any errors remain my own, of course) and @stevevladeck.bsky.social for his earlier analysis, which was useful for thinking through my own arguments.

Now up on SSRN with a revised abstract. Still very much a work in progress, hopefully coming to an online law review soon? papers.ssrn.com/sol3/papers....

I added in some info abt the DDC suit filed yesterday, which in my view suggests a broader practice & further supports distinguishing Lyons.

Will send this evening!

I wrote a quick essay in response to the Kavanaugh concurring opinion in Noem v. Vasquez Perdomo. In short, like others, I think he got it wrong. Happy to send the draft to anyone interested in reading. Thanks to early interlocutors, including @dorfonlaw.bsky.social, for helpful feedback.

Agree. The signposting of the Kav concurrence has so many ramifications beyond what it actually says, tho. A lot of my outrage is about what people — ICE, lower courts, talking heads — *think* it means, rather than its actual precedential value. Siggggggghhhhhhh.

Yet more evidence why Kavanaugh's concurrence in Noem v. Vasquez Perdomo was just plain wrong. These raids appear to be an arrest first, ask questions later operation. Also suggests broader policy/directives from DHS/ICE that aren't unique to LA.

Hoping to get my essay on this up on SSRN soon.

My article on Burdens of Proof in Constitutional Criminal Procedure is out! Burdens are important (often determining outcomes in crim pro cases) & often overlooked. This article provides advocates with a roadmap for raising burdens more effectively.
scholarship.law.duke.edu/cgi/viewcont...