Andrew Kent
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andrewkent.bsky.social
Andrew Kent
@andrewkent.bsky.social
Law prof at Fordham. Teach and write about fed courts, US constitutional history, executive power, US colonialism, other stuff.
My colleague Adam Orford has a great new article -"The Destruction of the Clinate Spending State." journals.library.columbia.edu/index.php/cj...
The Destruction of the Climate Spending State | Columbia Journal of Environmental Law
journals.library.columbia.edu
February 3, 2026 at 4:24 PM
Reposted by Andrew Kent
RIP Dan Howe, a great historian of the antebellum United States

🗃️
In memoriam: Daniel Walker Howe, 88, Pulitzer Prize–winning historian and UCLA professor
His scholarship reshaped how Americans understood the nation’s political, intellectual and religious past.
newsroom.ucla.edu
January 10, 2026 at 3:43 PM
Reposted by Andrew Kent
Downloads of the Year 2025

Here are ten papers that I found particularly interesting, innovative, or valuable in 2025. Originalism, the Administrative State, and the Clash of Political Theories by J. Joel Alicea The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection by Curtis…
Downloads of the Year 2025
Here are ten papers that I found particularly interesting, innovative, or valuable in 2025. Originalism, the Administrative State, and the Clash of Political Theories by J. Joel Alicea The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection by Curtis Bradley & Neil Siegel Managing Legal Concepts: Maintenance, Modulation, Modification  by Andrew S. Gold & Henry E. Smith Deepfake Torts: Emerging Tort Frameworks in U.S.
legaltheoryblog.com
January 1, 2026 at 5:00 PM
Reposted by Andrew Kent
An excerpt on the violence of the protest movement's aims: 4/
December 23, 2025 at 7:55 PM
Reposted by Andrew Kent
William E. Nelson, one of the giants of U.S. legal history has passed. I have fond memories of spending a year as a Golieb Fellow at NYU under his tutelage -- as do many others. Sending love and comfort to his family and to all those who who counted him as a friend.
December 15, 2025 at 5:35 PM
Reposted by Andrew Kent
In this co-authored article for Lawfare (@lawfaremedia.org), Fordham Law Professor Doni Bloomfield (@donibloomfield.bsky.social) argues that the regulations intended to prevent bioweapons proliferation may actually be increasing bioweapon risks.
How U.S. Export Controls Risk Undermining Biosecurity
The regulations intended to prevent bioweapons proliferation may be increasing bioweapon risks.
www.lawfaremedia.org
December 5, 2025 at 9:58 PM
Reposted by Andrew Kent
The story of how Xiao Wang was treated sounds really bad.
December 11, 2025 at 10:53 PM
Well said
I've said this before, but am reminded of its importance daily. Many see moderates as unprincipled, and some are. But thoughtful moderates reject extremism, left and right, knowing unerring ideologies pose the ultimate theat to a well-functioning democracy. I'll die on this hill.
December 9, 2025 at 3:07 PM
Reposted by Andrew Kent
Describing this growing group of Jan 6 pardonees as 'facing new legal trouble' seems to miss what I fear is the most plausible explanation for why so many are back: they understood the pardon they received as an official license to resume doing exactly what they had been doing on Trump's behalf.
A man pardoned by Trump for his role in the Jan. 6Capitol attack returned to Washington in recent days and has been wandering the neighborhood of Rep. Jamie Raskin — alarming police and prosecutors, who urged a judge to immediately jail him. www.politico.com/news/2025/12...
Justice Department urges judge to jail former Jan. 6 defendant after alarming return to DC
Taylor Taranto is the latest Jan. 6 defendant who was pardoned by Trump to face new legal trouble.
www.politico.com
December 5, 2025 at 9:28 PM
Reposted by Andrew Kent
Join us Thursday morning for a discussion on immigration and migration policies in the second Trump administration with Jaya Ramji-Nogales, Ingrid Brunk, and @monicahakimi.bsky.social

Register here: www.cambridge.org/core/journal...
December 1, 2025 at 5:28 PM
Drawing on a draft article, I filed an amicus brief in the 5th Cir. en banc Alien Enemies Act litigation, with great representation by Covington & Burling. The brief shows that Pres Trump's use of the statute is inconsistent with its meaning when enacted in 1798. papers.ssrn.com/sol3/papers....
Amicus Brief of Prof. Andrew Kent, WMM v. Trump (5th Cir. 2025) (en banc)
This amicus brief draws on my research on the original meaning of the several parts of the the Alien Enemies Act.  See Andrew Kent, <i>The Alien Enemies Ac
papers.ssrn.com
November 18, 2025 at 4:03 PM
Reposted by Andrew Kent
Neal Katyal says he's working on a TV show that he describes as "The West Wing for the Supreme Court," and my question is, have We As A Society not suffered enough
A Brief History Of Awful TV Shows About the Supreme Court
The concept of “The West Wing for the Supreme Court” might be the only thing more upsetting than the actual Supreme Court.
ballsandstrikes.substack.com
November 17, 2025 at 4:51 PM
I agree with @ilyasomin.bsky.social, US should recognize a Victims of Communism day. The #s of killed, starved, tortured, terrorized, blackmailed, surveilled, denied other basic liberties (religious practice, political participation, child rearing etc) are staggering

reason.com/volokh/2025/...
November 7 as Victims of Communism Day - 2025
NOTE: The following post is largely adapted from last year's November 7 post on the same subject. Since 2007,…
reason.com
November 8, 2025 at 6:52 PM
We had only very bad choices on the ballot. I held my nose and voted Cuomo, fwiw
Lol who did you vote for? Sliwa?
November 5, 2025 at 11:48 AM
Now that your guy won, can Mamdani people admit that "when the boot of the NYPD is on your neck, it's been laced by the IDF" sounds a lot like something an anti-Semite would say?
November 5, 2025 at 2:44 AM
Reposted by Andrew Kent
Andrew Kent and I have a blog post on Quorum Call, the blog of the Harvard Law School Journal of Legislation, about the tariffs case being argued tomorrow. You can find it here: journals.law.harvard.edu/jol/2025/11/...
Does the President Have Power to Impose Tariffs Using Peacetime Economic Sanctions Legislation? – Harvard Journal on Legislation
journals.law.harvard.edu
November 4, 2025 at 6:23 PM
Reposted by Andrew Kent
A substack post about the brief Andrew Kent and I submitted in Learning Resources, Inc. v. Trump, the tariffs case:
paulstephan.substack.com/p/an-amici-b...
An Amici Brief in the Tariffs Case
Andrew Kent and I filed a brief last week in Learning Resources, Inc. v. Trump
paulstephan.substack.com
October 26, 2025 at 7:34 PM
Reposted by Andrew Kent
New amicus brief in IEEPA tariff case by law profs @andrewkent.bsky.social @pbs3.bsky.social: "Interpreting IEEPA as not covering tariffs or other monetary exactions does not hobble the President. Existing trade law gives him significant authority to adjust tariffs to confront a national emergency."
www.supremecourt.gov
October 22, 2025 at 5:23 PM
Reposted by Andrew Kent
Legal Theory Bookworm: "Contemporary Non-Positivism" by Atiq, buff.ly/tW60iUQ - The Legal Theory Bookworm recommends Contemporary Non-Positivism by Emad H. Atiq.
Legal Theory Bookworm: "Contemporary Non-Positivism" by Atiq
The Legal Theory Bookworm recommends Contemporary Non-Positivism by Emad H. Atiq. Here is a description: This Element defends and clarifies the thesis that the legality of a system of rules depends…
buff.ly
September 27, 2025 at 1:15 PM
Craig Green is very worth reading on Erie papers.ssrn.com/sol3/papers....
September 3, 2025 at 9:24 PM
Reposted by Andrew Kent
What I'm saying is that Niskanen should bring on some fellows to do esoteric readings of Plato
August 24, 2025 at 4:56 PM
Reposted by Andrew Kent
The criticisms here of the effects on law students are right, but miss the most important piece: hiring on first semester grades hurts first-gen students, students who don't have lawyers in the family, students who take a little longer to adjust to law school, etc. 1/
www.law.com/2025/08/18/h...
How Law Students Are Navigating Early Recruitment | Law.com
“In some ways, that’s very powerful, to kind of have your career plan that's buttoned up,” but “the flip side of that, of course, is your career plans are buttoned up for a couple years,” said Carey B...
www.law.com
August 20, 2025 at 12:22 AM
Reposted by Andrew Kent
Excellent scholarly analysis by @andrewkent.bsky.social of Trump's invocation of Alien Enemies Act.
papers.ssrn.com/sol3/papers....
The Alien Enemies Act of 1798
For the first time since World War II-and the first time ever outside a formally declared war-an American president has invoked the Alien Enemies Act to detain
papers.ssrn.com
August 14, 2025 at 8:50 PM