Jonathan H. Adler

Hot dog spill shuts down highway in Pennsylvania commuters' wurst nightmare A truckload of hot dogs has spilled across a Pennsylvania highway after a crash, clogging the road toward the end of the morning rush hour.

We’re all trying to find the guy that did this.
apnews.com/article/penn...

In which I reply to @stevevladeck.bsky.social
reason.com/volokh/2025/...

Funny that the book doesnt address any of the cases were discussing

In which I reply to @stevevladeck.bsky.social
reason.com/volokh/2025/...

This week's actions by GMU Board of Visitors repudiating the unlawful conduct at issue helps make the point (but, again, NYT didn't provide this context).

So faculty at universities that have caved should resign? Refuse to cash their paychecks?
(And should this apply to faculty at state schools in states that adopt equivalent policies?)

Or write tenure letters?

"no tenure letters"?

In which Steve disagrees with me (hardly for the first time). Time permitting, I'll blog my responses later today (and may comment on Vermeule as well).

I don't.

I have
bsky.app/profile/volo...

Thank you for listing all the things you would see us fighting against every day if you'd be bothered to look before saying stupid things on the Internet!

That was a comment on the doctrine, not the Court's application of it.

Trump's lawyers are seeking an expedited deposition of Rupert Murdoch because he's old and thus could die before testifying. There is some basis in law but a weak basis in fact for the motion. Also, the underlying lawsuit against the WSJ for its reporting on Trump & Jeffrey Epstein is frivolous. 👇

Where have i said either?

It's a very bad opinion.

Opinion | This is what judicial overreach looks like A federal judge in Massachusetts cuts corners to protect federal funding for Planned Parenthood.

WaPo editorial board on Judge Talwani's Planned Parenthod funding decision:
This is what judicial overreach looks like
www.washingtonpost.com/opinions/202...

Yes, really.

And DOJ has only sought relief in small fraction of cases it has lost - many of which would be sure losers.

It's not just that. It's also more judicial overreach, and less discipline of such overreach by Circuit Courts.

But, to be fair, the NYT story doesnt give much of the relevant background.

The issue at political contention is not academic freedom, and DOJ concerns about GMU policy arent about academic freedom either, but concern compliance with federal law, and FIRE still criticized DOJ making issue of the resolution.

That's not their position, nor is it what's at issue.

Mistaking Principle for Appeasement | Jonathan H. Adler Executive Branch excesses do not justify judicial aggrandizement.

My latest Civitas Outlook column suggests the Supreme Court is policing the proper bounds of judicial authority (rather than engaging in "appeasement")
www.civitasinstitute.org/research/mis...

Oops

If NYT reporting is correct, the Trump EPA is embarking on a fool's errand of trying to rescind the endangerment finding
reason.com/volokh/2025/...

Since @orinkerr.bsky.social asked, a thread, from limited information reported online, about how I see the US attorney mess in DNJ.

1. Trump picked Habba as interim US Attorney under 28 USC 546. Technically, the AG is supposed to pick, but whatever. She gets 120 days to serve.

The current REINS proposal? Likely not. But the same mechanism could be used to, e.g., replace the emergency veto mechanism that used to exist. My point is that Chadha's formalism does not prevent Congress from exercising such authority -- if it wants it.