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Posts by Tom

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Cults Gone Wild, Part 17.

2 days ago 1148 235 20 5

sorry stream was just y’all watching me realize I was sick in real time lol

1 week ago 1152 24 34 1

Two lawless, partisan Trump judges doing what they do best, protect the GOP as they mandamus a trial judge who just wanted to learn the facts about government misbehavior. Horrible. Judges Rao and Walker are political operatives/SCOTUS auditioners in robes. storage.courtlistener.com/recap/gov.us...

1 week ago 12 5 0 0
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What do they say about letting sleeping dogs….

1 week ago 7 1 0 0
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Political stumping or WWE?

1 week ago 4 1 3 0

Indeed, just look at the pairing

4 days ago 1 0 0 0

Yeah, but from Alabama, which explains everything.

1 week ago 3 1 1 0
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This man is a US Senator.

1 week ago 12 4 2 3

Teaching the remnants of Bivens tonight and can’t help thinking how much we need the real Bivens today.

1 week ago 10 1 1 1

cc: Leonard “But Gorsuch” Leo.

1 week ago 9 2 0 0

[shocked pikachu.jpeg]

1 week ago 11755 2522 189 65

Imagine being so unpopular and evil that you have to drop this amount of money and invent new forms of ratfucking so you can beat a 27-year-old who regularly wears a Snorlax onesie to bed.

1 week ago 2850 243 50 1

The newly discovered common law writ, "de insanorum et absurdorum," which only applies to litigation where Ilan Wurman is *checks note* lead counsel and related suits.

Thankfully, six other law profs have yet to agree to his analogizing the homeless folks in this case to murderers and thieves.

1 week ago 60 8 4 0
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Supreme Court Justice Clarence Thomas blasts progressivism as threat to America He said that the values enshrined in the 1776 Declaration of Independence have “fallen out of favor” among Americans.

Justice (Leonard Leo) Thomas, “The values enshrined in the Declaration of Independence have fallen out of favor among Americans -- a trend perpetrated by intellectuals and the nation’s colleges and universities.”
He is a complete fraud in every sense of the word fraud. abcnews.com/Politics/sup...

1 week ago 27 10 0 5
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Growing Wheat or Weed is Economic Activity, and so is Making Booze In 1868, Congress passed a law forbidding home distilleries. That law remains on the books today. It is codified as 26 U.S.C. § 5178 (b). La...

A 5th Cir opinion invalidated an 1868 law banning home distilleries as beyond the powers of Congress. As I explain on the blog, the conclusion that the law is not necessary & proper to the taxing power might be justifiable, but the Biden DOJ blundered by failing to rely on the Commerce Clause. 👇

1 week ago 9 3 0 1
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Supreme Court Justice Clarence Thomas blasts progressivism as threat to America He said that the values enshrined in the 1776 Declaration of Independence have “fallen out of favor” among Americans.

Genuinely funny that Sonia Sotomayor issued a public apology today for her mild criticism of a conservative colleague on a specific, substantive issue, and then a few hours later Clarence Thomas picked up a mic and was like ALL LIBERALS ARE AMERICA-HATING COWARDS

1 week ago 5727 1425 351 187

I deeply admire Steve, and do not doubt his heart, and, leaving aside the tragedy rhetoric, I agree with every other point made in this super important essay everyone and I mean everyone should read. The short-lived Warren Court remains a stumbling block emotionally for too many progressives.

1 week ago 21 5 0 0
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You’d think they would offer to help.

6 days ago 18 3 4 0

Serious question: Why is it even close to ok even if Trump was portraying himself as a Doctor?

6 days ago 12 3 3 0
Randy Barnett, quote-posting Jeff Clark: 

This is a travesty. If making allegedly questionable constitutional arguments is a disbarrable offense, bar disciplinary tribunals would be in
permanent session.

Randy Barnett, quote-posting Jeff Clark: This is a travesty. If making allegedly questionable constitutional arguments is a disbarrable offense, bar disciplinary tribunals would be in permanent session.

John Eastman was not disbarred for making "allegedly questionable constitutional arguments," and characterizing the decision that way is risible.

6 days ago 728 116 17 19
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I watched Eastman, in real time, testify to the Georgia General Assembly that it was their *duty* to overturn my vote in 2020. He lied about evidence. He misled his client about the law. Law profs who back wannabe coup leaders and authoritarians should retire because what’s the point of law at all?

6 days ago 2111 440 75 45
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In 2015, the constitutional law legal academy was a splendid cohort where we disagreed with each other but talked to each other and respected each other. Then a madman, bet your country President promised originalist judges and most of the Leo disciples lost their minds. Trump breaks everything.

5 days ago 5 1 0 0

I had the privilege of listening to @evanbernick.bsky.social unpacking this point and it gave me so much food for thought

5 days ago 15 5 1 0

A small cohort of ("prominent"?) law professors are trying to portray John Eastman as some kind of innocent victim of viewpoint discrimination, and his disbarment as some kind of assault on the First Amendment.

That's complete and utter bollocks. As usual, @gabrielmalor.bsky.social brings receipts:

5 days ago 2329 640 45 8

At his talk in Texas this week Justice Thomas acknowledged his good friend Harlan Crow who was there who supplemented Thomas’ wife’s salary, his kid’s private school tuition, his mother’s house, and many luxury trips. IN PLAIN VIEW! Not gifts but an entire lifestyle.
It is nuts he’s still a Justice.

5 days ago 18 6 2 2
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The Inside Story of Five Days That Remade the Supreme Court

There’s so much to say about the remarkable reporting from Jodi Kantor & Adam Liptak—and I’ll say a lot of it in Monday’s newsletter.

But the most striking thing about all of it is the role & behavior of Chief Justice Roberts. “Calling balls and strikes” this ain’t:

www.nytimes.com/2026/04/18/u...

5 days ago 1868 560 77 51

Roberts the institutionalist has solidified his superlegislature.

5 days ago 23 11 2 0

"Originalism" promises 2 things: restraining "judicial activism" & (though worded differently today) retaining the Constitution's original intent. By inventing a whole new way of operating on the fly, Robert's showed how phony both claims always were.

5 days ago 25 5 0 0