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Posts by Matthew Segal

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These decisions confirm that **state courts** will likely need to drive improvements on policing doctrines.

For example, today SCOTUS reiterated its view that running from the police is suspicious. Other judges have questioned this view, including because people might run to avoid profiling.

1 day ago 10 3 1 0
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Today SCOTUS summarily:

(1) reversed a D.C. Court of Appeals decision that had held the police lacked reasonable suspicion for a stop; and

(2) vacated a Ninth Circuit decision that had denied qualified immunity in a case where a man died following "bodyweight pressure."

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U.S. Supreme Court Records and Briefs: The Arguments That Shaped America, Now Freely Available | Internet Archive Blogs

I love sharing good news about access to information! @archive.org @wolflawlibrary.bsky.social blog.archive.org/2026/04/20/u...

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"This is not to say that the position of the USAO is not difficult — caught between its obligations to the Court, the public, and the Constitution on one hand and the demands of ICE on the other."

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Portland man sues federal agents for constitutional violations using Maine law • Maine Morning Star Using Maine law, the American Civil Liberties Union is seeking to hold federal agents accountable for the wrongful detention of a civil engineer in Portland during the large-scale operation in January...

"Using Maine law, the American Civil Liberties Union is seeking to hold federal agents accountable for the wrongful detention of a civil engineer in Portland during the large-scale operation in January."
mainemorningstar.com/2026/04/14/p...

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The Clever New Lawsuit That Could Finally End ICE’s Reign of Terror in Blue States There was, unfortunately, nothing unusual about Juan Sebastián Carvajal-Muñoz’s brutal abduction by masked immigration agents in January.

Federal law makes it nearly impossible to hold federal officers accountable for violating our rights.

That's why we're using a state law — the Maine Civil Rights Act — to sue the agents who violently abducted an immigrant with legal status.

We'll do whatever it takes to protect our communities.

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lol this is my favorite reply

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Some lessons here:

*State courts matter.
*State constitutions matter.
*Whether a particular state is viewed as "red" or "blue" does not always matter!

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Montana Supreme Court Blocks Policy Barring Transgender People from Updating Identity Documents | American Civil Liberties Union HELENA - Earlier today, the Montana Supreme Court upheld a District Court order temporarily preventing the State of Montana from enforcing policies that...

This holding is part of a decision upholding a district court orderpreventing the State of Montana from enforcing policies that bar transgender people from obtaining accurate sex designations on their birth certificates and driver’s licenses.

More here: www.aclu.org/press-releas...

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Transgender discrimination is, by its very nature, sex discrimination. Discrimination based on sex is expressly prohibited under Montana’s unique Nondiscrimination Clause––“[n]either the state nor any person, firm, corporation, or institution shall discriminate on account of . . . sex . . . .” Thus, Article II, Section 4 is
unequivocal in its intolerance for discrimination based on sex. Because sex discrimination involves a fundamental right under Article II, the appropriate level of judicial review is strict scrutiny. Snetsinger, ¶ 17.

¶28 Being transgender is also a suspect class under the Equal Protection Clause of
Article II, Section 4,––“[n]o person shall be denied equal protection of the law.”

Transgender discrimination is, by its very nature, sex discrimination. Discrimination based on sex is expressly prohibited under Montana’s unique Nondiscrimination Clause––“[n]either the state nor any person, firm, corporation, or institution shall discriminate on account of . . . sex . . . .” Thus, Article II, Section 4 is unequivocal in its intolerance for discrimination based on sex. Because sex discrimination involves a fundamental right under Article II, the appropriate level of judicial review is strict scrutiny. Snetsinger, ¶ 17. ¶28 Being transgender is also a suspect class under the Equal Protection Clause of Article II, Section 4,––“[n]o person shall be denied equal protection of the law.”

MONTANA SUPREME COURT: “Transgender discrimination is, by its very nature, sex discrimination,” and is subject to strict scrutiny under the Montana Constitution.

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Lawgeeks, here is the complaint --> assets.aclu.org/live/uploads...

The c/as are Fourth and Fifth Amendment violations pursuant to the Maine Civil Rights Act, with Bivens claims tacked on.

1 week ago 179 48 1 1

New lawsuit filed by valid visa holder against federal immigration agents includes "converse 1983" claims under Maine Civil Rights Act. 👇

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Northwestern DA’s office spent $12,000 to avoid adopting police transparency policy DA David Sullivan rejected settlement that would’ve saved taxpayers $12,000 in legal fees if he published police misconduct records online

NEW: After winning a public records lawsuit, I offered to waive more than $12,000 in legal fees if Northwestern District Attorney David Sullivan’s office would adopt a policy of posting police misconduct records on its website.

Sullivan’s office rejected the offer.

#Massachusetts #mapoli

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Well, I suppose a bill could seek to disqualify only those who "intentionally" attain dual citizenship.

But regardless, Rep. Fine's tweet is discriminatory, and so is Mr. Piker's response.

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I disagree with those who think a good response to racism is more racism

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A day in the life of a 19-year-old in ICE detention: ‘I feel that this nightmare is not going to end’ Olivia has been detained for months at the sprawling Dilley center in Texas. She has lost 20lb, and wakes up every day with a headache

19yo Olivia has been detained at Dilley for more than four months. She has lost 20lbs, wakes up with a headache near daily. And she has nightmares that flashback to everything that's happened since she, her mom and siblings were apprehended. This is her day-to-day in ICE detention:

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WHAT WE KNOW, 11pm:

—Liberals flip seat on Wisconsin supreme court.
—Also flip important school board seats in WI, OK, MO.
—Dems win Waukesha mayor race.
—GOP defends MTG's seat, but Dems way overperform.
—Big MO county rejects property tax freeze.

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Liberals Gain Seat on Wisconsin Supreme Court, Adding to Firewall in Voting Cases - Bolts Voters in Wisconsin ensured on Tuesday that the supreme court in one of the nation’s premier swing states will be controlled by liberals through at least 2030.  Chris Taylor, a... Read More

Wisconsin liberals have just won another state Supreme Court election, in what is shaping up to be a blowout.

Importantly: Liberals are now sure to hold a majority on this court during the 2028 cycle and through at least 2030.

New in @boltsmag.org:

boltsmag.org/wisconsin-su...

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Trump: "A whole civilization will die tonight...."

Trump: "A whole civilization will die tonight...."

maybe... this is a greater threat to America's character than when people seeking a better life come to this country and give birth to babies

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To be consistent with the text, the heading for this section should be something like:

I. Egads!

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This is a fantastic example of everything legal writing should not be. My god.

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How State and Local Leaders Are Responding to ICE: Your Questions Answered How are states restricting ICE activity? Can local prosecutors charge federal officers? How can local leaders prepare for ICE deployments? We provide answers about local responses to the immigration crackdown.

What’s the state with the strongest restrictions against coordination with ICE? Experts point to Illinois, which has a vast array of restrictions that immigrants rights’ advocates want other states to emulate.

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Important article on an extremely worrying decision by the Alabama Supreme Court.

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Up next from OLC: The Ku Klux Klan Act of 1871 is an unconstitutional bill of attainder.

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If anti-Jewish hate goes unchecked, it will probably be deployed against other marginalized groups next

Surging antisemitic animus ripples across our entire democracy.

If anti-Jewish hate goes unchecked, it will probably be deployed against other marginalized groups next Surging antisemitic animus ripples across our entire democracy.

Those seeking to stoke anti-Jewish hatred don’t have these problems. These days, it seems like every podcaster, politician, and social media poster has found the same new way to gain popularity and clout — except it’s the oldest way.

Harassment and violence also work in tandem with broader movements to delegitimize Jewish participation in American democracy. These movements tell Jews that they will be safe only if they renounce Zionism and disavow their connection to their ancestral homeland.

When they don’t (and sometimes even when they do), Jews are falsely accused of harboring dual loyalties, controlling the U.S. government, or supporting genocide. Such libels depict Jews as blameworthy, as undeserving of equal rights and dignity, and, implicitly, as acceptable targets for those intent on hurting them.

Those seeking to stoke anti-Jewish hatred don’t have these problems. These days, it seems like every podcaster, politician, and social media poster has found the same new way to gain popularity and clout — except it’s the oldest way. Harassment and violence also work in tandem with broader movements to delegitimize Jewish participation in American democracy. These movements tell Jews that they will be safe only if they renounce Zionism and disavow their connection to their ancestral homeland. When they don’t (and sometimes even when they do), Jews are falsely accused of harboring dual loyalties, controlling the U.S. government, or supporting genocide. Such libels depict Jews as blameworthy, as undeserving of equal rights and dignity, and, implicitly, as acceptable targets for those intent on hurting them.

With Jon Michaels of UCLA Law, I wrote about Jews, political violence, and democracy.

Gift link: share.inquirer.com/1ecTVF

2 weeks ago 9 1 0 0
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The basic premise of this interview is that Jews do not deserve, and should be excepted from, the antidiscrimination tests that progressives apply to every other group on earth.

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Really enjoying the press conference that's going on, where they are discussing the success of getting people on this lunar orbit.

So much credible media asking great questions - all the journalists know how to be curious.

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I concede that my suggestion is not a realistic prediction of what someone appointed by President Trump will actually do

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next AG should see how many FOIA requests they can fulfill before getting fired

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