Jonathan H. Adler

If it "isn't a thing," can you explain all the current litigation, including the recent $2 million judgment in a case involving a 16 year old?

I just have a little, demanding one.

One to Alito.

*skim
(Remember, typos are part of the brand.)

I never left. I just dont get much meaningful engagement over here, and time is in short supply. (It's the one truly non-renewable resource!)

Based on my initial skin, the endangerment finding repeal faces many of the challenges I identified in this column:
www.civitasinstitute.org/research/the...
EPA's strategy is aggressive and legally risky.

I also think its worth looking at which judges place clerks on SCOTUS, and with Alito in particular.

He's one.

Oldham clerked for Alito. OTOH, not a feeder judge.

Your sources are better than Stern's (though it omits some dark horses).

Is that a critique?

Is this the End of the Endangerment Finding?
reason.com/volokh/2026/...

Is this the End of the Endangerment Finding?
reason.com/volokh/2026/...

The problem is that some on the left know one fact about antisemitism, which is that “anti-zionism is not antisemitism.”

This is like if the only thing you knew about racism was “it’s not racist to criticize Liberia.”

It is true in most cases but you’re not actually anti-racist if you stop there

Nothing says "this is a serious matter" more than issuing an order on February 31st.

Federal judge rightly rejects Minnesota's bad federalism arguments
reason.com/volokh/2026/...

In recent weeks, several thousand federal agents have arrived in Minnesota and its two largest cities as part of "Operation Metro Surge," an immigration enforcement campaign. The flood of federal agents has had profound effects on Minnesotans, requiring the State and the cities of Minneapolis and Saint Paul to respond in many ways. In this case, Plaintiffs (the State of Minnesota, Minneapolis, and Saint Paul), ask the Court to declare that the unprecedented surge of Defendants' agents in Minnesota is unconstitutional and unlawful, and enter an injunction halting Operation Metro Surge. (Dkt. 1 at 76-77.') To that end, Plaintiffs filed a Motion for a Temporary Restraining Order (Dkt. 7), which the Court converted to a motion for a preliminary injunction (Dkt. 21). The Court pauses to observe what it is not deciding. At this stage, the Court makes no final determination on the merits of any claims asserted by Plaintiffs. Nor does the Court offer any opinion about the wisdom of Operation Metro Surge. And the legality of many of the specific actions taken by federal agents during the operation is not before the Court in this case. Instead, the Court only decides whether to grant the extraordinary remedy of a preliminary injunction halting a federal law enforcement operation based upon the Tenth Amendment. In answering this question, the Court must view Plaintiffs' claims through the lens of the specific legal framework they invoke, and, having done so, finds that Plaintiffs have not met their burden. For the reasons discussed below, the motion is denied.

BREAKING: Judge Katherine Menendez denies Minnesota, Minneapolis, and St. Paul’s request for a TRO or preliminary injunction blocking the Trump administration’s Operation Metro Surge on Tenth Amendment grounds.

Background at Law Dork: www.lawdork.com/p/challengin...

Apart from anything else there are no penguins in Greenland. Unless he’s invading the South Pole too….

BIG IN THE 4A WORLD: The Supreme Court has granted cert in Chatrie, the geofence warrant case, to decide the following Q: "Whether the execution of the geofence warrant violated the Fourth Amendment." (I assume this includes both whether a "search" happened and whether the warrant was lawful.)

dun dun. neorsd.buzzsprout.com/1924356/epis...

Perhaps I'm old-fashioned, but when a govt agent kills someone, I don't think gov't officials should make public statements about the lawfulness or justification of the killing prior to an actual investigation.

CORDER LIST: 607 U.S.) FRIDAY, JANUARY 9, 2026 24-1046 ORDER IN PENDING CASE WOLFORD, JASON, ET AL. V. LOPEZ, ATT'Y GEN. OF HI The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. 24-856 25-406 25-567 25-429 25-466 CERTIORARI GRANTED CISCO SYS., INC., ET AL. V. DOE I, ET AL. The petition for a writ of certiorari is granted limited to Questions 1 and 3 presented by the petition. FCC, ET AL. V. AT&T, INC. VERIZON COMMUNICATIONS INC. V. FCC, ET AL. The petitions for writs of certiorari are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. BONDI, ATT'Y GEN. V. LAU, MUK C. SRIPETCH, ONGKARUCK V. SEC The petitions for writs of certiorari are granted.

NEW: The Supreme Court grants review in several new cases.

These (and likely next week’s grants) will be heard this term. Grants after that, unless expedited, will be heard sometime in the term that starts in October 2026.

What could go wrong?

Worthwhile thread

NEW: An ICE officer killed a person in broad daylight in Minneapolis today — with posted video appearing to contradict the DHS statement claiming self-defense, as the driver appeared to be attempting to drive away when shot.

MPR: www.mprnews.org/story/2026/0...

Video: bsky.app/profile/dani...