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A curated feed following favored legal commentators' (lawyers, reporters, and others) top-level posts. (Open to suggestions for additions to the group.) // Made at BlueskyFeeds.com

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  • 📅 Updated over 1 year ago
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Max Kennerly
@maxkennerly.bsky.social
about 3 hours ago
Absolutely deranged understanding of American government and the current times. The number of Justices isn't even in the Constitution, it's a statute from 1869! It is, in fact, not essential our Republic has a hyper-partisan GOP SCOTUS that makes sure its favored candidates and policies always win.

I just listened to a panel with David French and someone from the Brennan Center vociferously argue against expanding the Court. French said it would lead to “the dissolution of the republic.” About a third of the audience applauded. We need to get a policy culture that’s willing to do what it takes

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Nate Raymond
@nateraymond.bsky.social
about 3 hours ago
New: A federal judge in Boston ruled that President Trump's administration cannot rely on a White House budget office regulation to terminate billions of dollars in grants because they no longer align with the president's priorities. www.reuters.com/world/tru….
US judge says Trump administration cannot revoke grants that conflict with its priorities

www.reuters.com

US judge says Trump administration cannot revoke grants that conflict with its priorities

A federal judge on Friday ruled that U.S. President Donald Trump's administration cannot rely on a White House budget office regulation to terminate billions of dollars in grants because they no longe...

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Peter
@notalawyer.bsky.social
about 3 hours ago
a thing about these “priorities” is that they cannot be achieved without comprehensive Supreme Court reform, which means THAT is your actual priority

Klein asks Allen what liberals should prioritize if they win the trifecta in 2028. Allen suggests the following: 1) Putting an end to Citizens United; 2) Creation of national service; 3) Ending gerrymandering

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Mark Joseph Stern
@mjsdc.bsky.social
about 6 hours ago
As expected, the 3rd Circuit has struck down New Jersey's assault weapons ban, becoming the first federal appeals court to find that the Second Amendment protects AR-15s. But SCOTUS will settle this issue next term, making the decision anticlimactic. www2.ca3.uscourts.gov/opi….
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Nate Raymond
@nateraymond.bsky.social
about 6 hours ago
New: A federal appeals court just ruled that New Jersey's assault-weapons ​law barring possession of semiautomatic rifles like AR-15s and large ‌capacity magazines containing more than 10 rounds of ammunition is unconstitutional. www.reuters.com/world/us-….
US appeals court declares New Jersey's ban on assault rifles unconstitutional

www.reuters.com

US appeals court declares New Jersey's ban on assault rifles unconstitutional

A federal appeals court on Friday ruled that New Jersey's assault-weapons ​law barring possession of semiautomatic rifles like AR-15s and large ‌capacity magazines containing more than 10 rounds of am...

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Peter
@notalawyer.bsky.social
about 7 hours ago
warning for bluesky repliers to stay inside
Air quality index described as “unhealthy for sensitive groups”
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Sarah D. Wire
@sarahdwire.bsky.social
about 12 hours ago
Since taking office, President Donald Trump has cut or hobbled the independent federal agencies that would normally handle election security issues, such as those the president claimed the United States is experiencing. www.usatoday.com/story/ne…. via @usatoday.com
As Trump warns of election threats, independent agencies have been cut

www.usatoday.com

As Trump warns of election threats, independent agencies have been cut

Trump has reduced federal agencies that support election security, leaving states to defend their own systems.

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Mitchell Epner
@mitchellepner.bsky.social
about 13 hours ago
Song for the Day: Smoke Gets In Your Eyes - Sarah Vaughn www.youtube.com/watch?v=y….
Sarah Vaughan - Smoke Gets In Your Eyes

www.youtube.com

Sarah Vaughan - Smoke Gets In Your Eyes

YouTube video by Erlendur Svavarsson

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Joyce White Vance
@joycewhitevance.bsky.social
about 22 hours ago
Trump's latest election claims aren't really about 2020. They're about creating a pretext for what comes next. He's done this before: invent a crisis, then claim extraordinary powers to respond to it. This time, the target is your vote. My latest: open.substack.com/pub/joy….
Trump's New Election Conspiracy Isn't About 2020. It's About November.

open.substack.com

Trump's New Election Conspiracy Isn't About 2020. It's About November.

Donald Trump has only just discovered that foreign countries—well, actually, just China—try to influence our elections.

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Peter
@notalawyer.bsky.social
1 day ago
i’ve been really stressed about the air quality but i just heard the news say that breathing this air all day would be the equivalent of smoking seven cigarettes and a deep calm washed over me
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Joyce White Vance
@joycewhitevance.bsky.social
1 day ago
Trump addresses the country tonight. Fair Fight’s CEO Lauren Groh-Wargo joined me for a little counterprogramming in advance. You can watch our full conversation and subscribe to Civil Discourse (it's free) to make sure you never miss another important conversation. joycevance.substack.com
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Max Kennerly
@maxkennerly.bsky.social
1 day ago
I guess it's something the judge called it out, but fake citations routinely get lawyers sanctioned and that should have happened here. The standard of conduct for DOJ lawyers should be *higher* than for private attorneys, not lower.

The Justice Department appears to have included a fake AI-generated. citation in an ICE detainee's case. Judge Jarbou, a Trump appointee in Michigan, called it out: storage.courtlistener.com/recap/gov.us...

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Peter
@notalawyer.bsky.social
1 day ago
really says something about the state of the nominal left that someone like Prelogar, who was probably the most sought-after Democratic lawyer at the end of the Biden administration, would go straight to working for Kalshi. absolutely pathetic.

Oh my.

But today, Prelogar is just one of several former Biden officials arguing on behalf of crypto and its younger brother, the prediction market industry. Sean Patrick Maloney, Biden’s representative to the Organisation for Economic Co-operation and Development (OECD), is the head of the Coalition for Prediction Markets, violating a pledge he made to get confirmed to not take compensation from any crypto company or organization for four years after his tenure. Former Biden deputy chief of staff Curtis Doster is a Kalshi lobbyist. Former Biden White House liaison John Bivona became Kalshi’s first-ever head of government relations this year, and Stephanie Cutter joined Kalshi as a “strategic partner,” the same position Donald Trump Jr. holds with the company.

Prelogar isn’t even the only former Democratic solicitor general representing Kalshi in court. Neal Katyal, Barack Obama’s acting solicitor general who infamously defended Nestlé from liability for child slavery profiteering, represents Kalshi directly in the litigation. He previously represented Kalshi against the Utah, Nevada, Ohio, Maryland, and Connecticut gaming commissions, and is representing them in a concurrent Tennessee case on similar issues.

For political purposes, the mere presence of a former Biden official’s name matters far more than anything else. The Prelogar brief allowed Kalshi’s head of legal counsel Robert DeNault to tweet that gambling law immunity “is not a D versus R issue.” Plausible claims to bipartisanship are the oil that D.C. runs on. Hiring out of the revolving door is a key way to supply it.

Yet all of these hires come out of minor diplomatic posts, the White House’s political office, or the Department of Justice’s litigation desks. In the Tennessee case, Gary Gensler, Biden’s chair of the SEC, wrote an amicus brief coming to the exact opposite conclusion as Prelogar, arguing strenuously that sports gambling is not a commodity swap, and that the Dodd-Frank Act surely did not intend …
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Max Kennerly
@maxkennerly.bsky.social
1 day ago
As always: if there's any class of people who do not have due process rights, then *nobody* has due process rights, because the government can just claim someone is in that class and there's no process to establish otherwise.

I need people to understand that this administration’s litigating position is (1) federal law currently mandates the detention, without bond, of every noncitizen who is allegedly unlawfully present and (2) constitutionally, they don’t get a day in court. they’re generally losing, but they’re trying.

Ochoa Ochoa v. Noem: Due Process
Having concluded that Ochoa Ochoa's detention is discretionary and not
mandatory, the court turns to whether it violates due process. "Procedural due
process imposes constraints on governmental decisions which deprive individuals of liberty' or 'property' interests within the meaning of the Due Process Clause of the
Fifth or Fourteenth Amendment." Mathews v. Eldridge, 424 U.S. 319, 332 (1976).
"Freedom from imprisonment-from government custody, detention, or other forms
of physical restraint-lies at the heart of the very liberty that [the Due Process
Clause] protects." Zadvydas v. Davis, 533 U.S. 678, 690 (2001).
To support its argument that Ochoa Ochoa has limited due process rights in
the detention context, Respondents rely on Dep't of Homeland Sec. v. Thuraissigiam, where the Supreme Court held that a petitioner who was still "at the threshold of initial entry," though technically in the country, could still be treated as "an alien
seeking initial entry." 591 U.S. 103, 114 2020) holding that a noncitizen detained "within 25 yards of the border" is treated as if stopped at the border and had not acquired due process protections). Contrary to Respondents' position, Thuraissigiam held only that noncitizens detained close to the border "shortly after unlawful entry"
have not yet "effected an entry." Id. at 140; see also Shaughnessy v. United States, 345 U.S. 206, 212 (1953) (explaining that noncitizens "on the threshold of initial entry
stand[] on a different footing" than those who have "passed through our gates").
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Ari Cohn
@aricohn.com
1 day ago
New from me: The KIDS Act tried to overcome KOSA's glaring First Amendment problems, but no matter which way you skin a cat, you've still violated the constitution (at least I think that's how the saying goes): platformpolemics.aricohn.….
The KIDS Act Is Just as Unconstitutional as KOSA ... Just in Different Words

platformpolemics.aricohn.com

The KIDS Act Is Just as Unconstitutional as KOSA ... Just in Different Words

You've still skinned a cat no matter which way you go about it

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Max Kennerly
@maxkennerly.bsky.social
1 day ago
It's a terrible rule tho retroactively the rule would have been nice, it would've gotten Elon Musk expelled from the country before he could do much damage. (And in any event he should be denaturalized and deported; he lied about his immigration status history to obtain citizenship.)

Foreign students won't be allowed to complete multiple undergrad or grad degrees. What an utterly pointless rule. We don't want overeducated immigrants in America, apparently.

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Joyce White Vance
@joycewhitevance.bsky.social
1 day ago
Trump addresses the country tonight. If that makes you think you need a drink, alcoholic or otherwise, come join Fair Fight’s CEO Lauren Groh-Wargo and me for a little counterprogramming in advance. open.substack.com/pub/joy….
Substack Live with Fair Fight’s Lauren Groh-Wargo

open.substack.com

Substack Live with Fair Fight’s Lauren Groh-Wargo

Thursday at 5pm

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Max Kennerly
@maxkennerly.bsky.social
1 day ago
Yet another Kalshi offering that serves no legitimate economic purpose. It's not possible to make a rational bet on this without material non-public information. It's a market solely for fraud by both regulators and corporate insiders, and everyone connected to it in any way should go to prison.
Kalshi Will Offer Sports-Style Betting on Drug Trial Results

www.bloomberg.com

Kalshi Will Offer Sports-Style Betting on Drug Trial Results

Kalshi Inc. is expanding in biotechnology by offering wagers on the outcomes of clinical trials and regulatory decisions, giving traders a more direct way to bet on key industry catalysts.

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Max Kennerly
@maxkennerly.bsky.social
1 day ago
Part of Star Wars' charm is the total incoherence of its world-building, it was clearly created by someone uninterested in the implications of technology, hence laser swords, guns that shoot laser pulses slower than bullets, and only sporadic use of ubiquitous faster-than-light tech.

George Lucas likens AI sceptics to luddites clinging to horses and carts

www.theguardian.com

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Hugo Lowell
@hugolowell.bsky.social
1 day ago
NEW @wired.com: With Trump restarting the Iran war, US intel officials estimate the total cost for the Pentagon could now exceed $100bn Officials were estimating the total cost to hit $50-$100bn at the end of May, but more hostilities means that figure has ballooned www.wired.com/story/pentag...
Intel Officials Predict the Pentagon’s Bill for the Iran War Will Exceed $100 Billion

www.wired.com

Intel Officials Predict the Pentagon’s Bill for the Iran War Will Exceed $100 Billion

The Trump administration has not disclosed its cost estimates for the Iran war.

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Joyce White Vance
@joycewhitevance.bsky.social
1 day ago
Senators don't need to know anything more than what they saw yesterday to know Blanche is not fit to be AG. It was a long day of questions, but juxtaposing a few of them, which I've done in this piece, makes that clear. joycevance.substack.com/p….
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