Daniel Sharfstein
@danielsharfstein.bsky.social
Vanderbilt law prof, American legal history, property, federal Indian law, author of THUNDER IN THE MOUNTAINS and THE INVISIBLE LINE
Reposted by Daniel Sharfstein
On the blog: In approving Trump's transphobic policy of listing sex assigned at birth on passports, SCOTUS said govt was "merely attesting to a historical fact," thus echoing the obtuseness of Plessy v Ferguson's statement that Black folks were only choosing to see segregation as white supremacy. 👇
SCOTUS Echoes Plessy v Ferguson in Greenlighting Trump's Transphobic Passport Policy
Repeating a pattern that has become all too familiar, late last week the Roberts Court issued a per curiam order staying a lower court rulin...
www.dorfonlaw.org
November 10, 2025 at 12:27 PM
On the blog: In approving Trump's transphobic policy of listing sex assigned at birth on passports, SCOTUS said govt was "merely attesting to a historical fact," thus echoing the obtuseness of Plessy v Ferguson's statement that Black folks were only choosing to see segregation as white supremacy. 👇
Reposted by Daniel Sharfstein
💯. It wasn't about just the ACA subsides—it was about those and … everything else.
November 10, 2025 at 2:41 PM
💯. It wasn't about just the ACA subsides—it was about those and … everything else.
Reposted by Daniel Sharfstein
seems to me that those democrats inclined not to fight perceive themselves as living through a somewhat ordinary cycle of presidential overreach and backlash and not something much more significant and dangerous
November 10, 2025 at 12:50 PM
seems to me that those democrats inclined not to fight perceive themselves as living through a somewhat ordinary cycle of presidential overreach and backlash and not something much more significant and dangerous
Reposted by Daniel Sharfstein
More chaos and cruelty in SNAP. A short 🧵. On Thursday, a federal judge in Rhode Island ordered USDA to issue full SNAP benefits for November by Friday, using unneeded extra funds in the child nutrition account. Several states responded by starting work on issuing full benefits. 1/
November 9, 2025 at 5:18 PM
More chaos and cruelty in SNAP. A short 🧵. On Thursday, a federal judge in Rhode Island ordered USDA to issue full SNAP benefits for November by Friday, using unneeded extra funds in the child nutrition account. Several states responded by starting work on issuing full benefits. 1/
Reposted by Daniel Sharfstein
Latest write-up about outrageous administrative over reach at IU. www.jta.org/2025/11/07/u...
In Indiana, a vaunted Jewish studies program is upended by red-state politics over Israel and speech - Jewish Telegraphic Agency
A leadership shakeup, a defunded graduate student and political pressure from above have turned a storied program into a flashpoint for Trump-era campus politics.
www.jta.org
November 8, 2025 at 3:20 AM
Latest write-up about outrageous administrative over reach at IU. www.jta.org/2025/11/07/u...
Reposted by Daniel Sharfstein
for them it’s like the equivalent of ticking time bomb case. The most extraordinary and extreme efforts, and bending the way till it breaks, to head off the irreparable harm which in this case is allowing very poor Americans to purchase food.
November 8, 2025 at 12:12 AM
for them it’s like the equivalent of ticking time bomb case. The most extraordinary and extreme efforts, and bending the way till it breaks, to head off the irreparable harm which in this case is allowing very poor Americans to purchase food.
Reposted by Daniel Sharfstein
The Trump regime is East Winging the Goddard Space Flight Center, home to the 10,000 scientists and engineers in NASA science and engineering directorates.
BREAKING: NASA Goddard Space Flight Center is illegally closing 13 campus buildings (including ~100 laboratories).
Report coming from GESTA, the Goddard employee union
Report coming from GESTA, the Goddard employee union
November 4, 2025 at 10:44 PM
The Trump regime is East Winging the Goddard Space Flight Center, home to the 10,000 scientists and engineers in NASA science and engineering directorates.
Reposted by Daniel Sharfstein
The incredible shrinking attack on U.S. universities continues.
Cornell has signed an agreement—but unlike the UVA agreement, instead of pledging to follow the gov't's highly questionable July "guidance" on discrimination, Cornell simply agrees to hand it out to faculty as a "training resource"!
Cornell has signed an agreement—but unlike the UVA agreement, instead of pledging to follow the gov't's highly questionable July "guidance" on discrimination, Cornell simply agrees to hand it out to faculty as a "training resource"!
November 7, 2025 at 5:32 PM
The incredible shrinking attack on U.S. universities continues.
Cornell has signed an agreement—but unlike the UVA agreement, instead of pledging to follow the gov't's highly questionable July "guidance" on discrimination, Cornell simply agrees to hand it out to faculty as a "training resource"!
Cornell has signed an agreement—but unlike the UVA agreement, instead of pledging to follow the gov't's highly questionable July "guidance" on discrimination, Cornell simply agrees to hand it out to faculty as a "training resource"!
Reposted by Daniel Sharfstein
i think this is a pretty good take on pelosi, who is unquestionably one of the most consequential house speakers in the history of the institution
Opinion | Nancy Pelosi Is an American Political Giant
www.nytimes.com
November 7, 2025 at 3:00 PM
i think this is a pretty good take on pelosi, who is unquestionably one of the most consequential house speakers in the history of the institution
Reposted by Daniel Sharfstein
NYC experts/historians, could you assist with this query? For our map, we're trying to find the old Bronx Triangle Dairy Restaurant. Sources say it was on Wilkins Ave in 1917, but in 1927 it was at 1379 Intervale. Did it move, or did streets get renamed, or were the Wilkins descriptions inaccurate?
November 7, 2025 at 3:03 PM
NYC experts/historians, could you assist with this query? For our map, we're trying to find the old Bronx Triangle Dairy Restaurant. Sources say it was on Wilkins Ave in 1917, but in 1927 it was at 1379 Intervale. Did it move, or did streets get renamed, or were the Wilkins descriptions inaccurate?
Reposted by Daniel Sharfstein
UT Austin is discussing eliminating or consolidating our departments of African American and African Diaspora Studies, Mexican/American and Latino/Latina Studies, and Women’s, Gender and Sexuality Studies. Here is what AAADS alumni have to say. 👏🏽👏🏽👏🏽
November 7, 2025 at 2:15 PM
UT Austin is discussing eliminating or consolidating our departments of African American and African Diaspora Studies, Mexican/American and Latino/Latina Studies, and Women’s, Gender and Sexuality Studies. Here is what AAADS alumni have to say. 👏🏽👏🏽👏🏽
Reposted by Daniel Sharfstein
Here's the majority's entire discussion of the balance of equities: "And the District Court’s grant of class-wide relief enjoins enforcement of an Executive Branch policy with
foreign affairs implications concerning a Government document." They're not even trying.
foreign affairs implications concerning a Government document." They're not even trying.
mais bien sûr
BREAKING: #SCOTUS lifts block on Trump policy mandating U.S. passports show gender at birth. Apparent 6-3 ruling. Jackson dissents for liberals. Doc: www.documentcloud.org/documents/26...
November 6, 2025 at 8:36 PM
Here's the majority's entire discussion of the balance of equities: "And the District Court’s grant of class-wide relief enjoins enforcement of an Executive Branch policy with
foreign affairs implications concerning a Government document." They're not even trying.
foreign affairs implications concerning a Government document." They're not even trying.
Reposted by Daniel Sharfstein
This kinda shit is how you get hung juries
BREAKING EXCLUSIVE MUST CREDIT: Lunch for jurors in the “sandwich guy” trial are a variety of sandwiches, according to a source familiar with lunch.
November 6, 2025 at 5:34 PM
This kinda shit is how you get hung juries
Reposted by Daniel Sharfstein
Long live the jury trial in America.
Jury finds D.C. ‘sandwich guy’ not guilty of assaulting officer
Sean C. Dunn admitted he flung the hoagie at a federal agent. His attorneys called it a “harmless gesture” of protest as Trump commandeered D.C. police.
www.washingtonpost.com
November 6, 2025 at 7:52 PM
Long live the jury trial in America.
Reposted by Daniel Sharfstein
not all heroes (or subs) wear capes
BREAKING: JUSTICE DEPARTMENT EATS A LOSS IN 'SANDWICH GUY' CASE AS JURORS FIND DEFENDANT NOT GUILTY www.nbcnews.com/politics/jus...
Jury acquits D.C. 'sandwich guy' charged with chucking a sub at a federal agent
Sean Dunn faced single misdemeanor offense after federal grand jurors refused to indict him on the felony charge sought by prosecutors.
www.nbcnews.com
November 6, 2025 at 7:28 PM
not all heroes (or subs) wear capes
Reposted by Daniel Sharfstein
Follow my witty, wise colleague @mollyroberts.bsky.social for Day 4 of the two-day Sandwich Guy trial! Zeno’s Dichotomy Paradox suggests it will never end. Molly will let us know if he’s wrong!
Good morning! Day 4 of the Sandwich Guy’s trial. He is finally wearing a suit (the rest of the week’s evidence suggests he seems to prefer pullovers in cooler weather). The jury has a note for the judge.
November 6, 2025 at 3:41 PM
Follow my witty, wise colleague @mollyroberts.bsky.social for Day 4 of the two-day Sandwich Guy trial! Zeno’s Dichotomy Paradox suggests it will never end. Molly will let us know if he’s wrong!
Reposted by Daniel Sharfstein
Trump's tariffs face a skeptical SCOTUS.
Read the Law Dork report from court today:
Read the Law Dork report from court today:
Trump's tariffs face a skeptical SCOTUS as Gorsuch warns of a "one-way ratchet" in presidential powers
Kavanaugh stood out in defense of the administration, but even his questions started lagging as the day wore on.
www.lawdork.com
November 6, 2025 at 3:18 AM
Trump's tariffs face a skeptical SCOTUS.
Read the Law Dork report from court today:
Read the Law Dork report from court today:
Reposted by Daniel Sharfstein
Also, as @anitawadhwani.bsky.social points out here, it’s not coming from the $2 billion rainy day fund. It’s coming from some of the money Tennessee gets back from the federal government when it keeps TennCare (Medicaid) costs down.
November 5, 2025 at 8:11 PM
Also, as @anitawadhwani.bsky.social points out here, it’s not coming from the $2 billion rainy day fund. It’s coming from some of the money Tennessee gets back from the federal government when it keeps TennCare (Medicaid) costs down.
Reposted by Daniel Sharfstein
Benefits for Tennessee’s 700k SNAP recipients run $145 million a month.
If the Trump Admin
1) follows court orders and
2) sticks with its plan to cut benefits in half instead of allowing them to be totally delayed
$5 million would amount to about 7% of the leftover funding gap.
If the Trump Admin
1) follows court orders and
2) sticks with its plan to cut benefits in half instead of allowing them to be totally delayed
$5 million would amount to about 7% of the leftover funding gap.
Days after thousands of Tennessee families lost monthly federal food benefits, Gov. Bill Lee announced he would direct $5 million in state funding to food banks.
Tennessee Gov. Bill Lee announces $5M for food banks during SNAP benefits freeze • Tennessee Lookout
Days after Tennessee families lost monthly federal food benefits, Gov. Bill Lee said he will direct $5 million in state funding to food banks.
tennesseelookout.com
November 5, 2025 at 8:03 PM
Benefits for Tennessee’s 700k SNAP recipients run $145 million a month.
If the Trump Admin
1) follows court orders and
2) sticks with its plan to cut benefits in half instead of allowing them to be totally delayed
$5 million would amount to about 7% of the leftover funding gap.
If the Trump Admin
1) follows court orders and
2) sticks with its plan to cut benefits in half instead of allowing them to be totally delayed
$5 million would amount to about 7% of the leftover funding gap.
Reposted by Daniel Sharfstein
NEW: Mississippi Democrats broke the Republican Party's supermajority in the state Senate tonight for the first time since 2011.
It came as Democrats flipped 2 Senate seats and 1 House seat.
“Mississippi just broke the supermajority—and the people have taken back their power,” the party says.
It came as Democrats flipped 2 Senate seats and 1 House seat.
“Mississippi just broke the supermajority—and the people have taken back their power,” the party says.
Mississippi Democrats Break Republican Senate Supermajority, Flipping 3 Legislative Seats
After 13 years, Mississippi Democrats broke the Republican Party's supermajority in the Mississippi Senate, flipping 3 legislative seats.
www.mississippifreepress.org
November 5, 2025 at 7:25 AM
NEW: Mississippi Democrats broke the Republican Party's supermajority in the state Senate tonight for the first time since 2011.
It came as Democrats flipped 2 Senate seats and 1 House seat.
“Mississippi just broke the supermajority—and the people have taken back their power,” the party says.
It came as Democrats flipped 2 Senate seats and 1 House seat.
“Mississippi just broke the supermajority—and the people have taken back their power,” the party says.
Reposted by Daniel Sharfstein
I did not write the headline, but I have an op ed on Prop 50 over at the @sfchronicle.com.
Shorter version: the nationalization and polarization of our politics is what got us here, and it's also the most likely way out. It will take national partisan Democratic hardball to enact anti-hardball.
Shorter version: the nationalization and polarization of our politics is what got us here, and it's also the most likely way out. It will take national partisan Democratic hardball to enact anti-hardball.
California’s Prop 50 passed. Now, here’s how to end partisan redistricting once and for all
OPINION: We need a new federal statute of mutual disarmament — ideally before we reach the point where there are zero California Republicans and zero Texas Democrats, Joseph Fishkin writes.
www.sfchronicle.com
November 5, 2025 at 6:10 AM
I did not write the headline, but I have an op ed on Prop 50 over at the @sfchronicle.com.
Shorter version: the nationalization and polarization of our politics is what got us here, and it's also the most likely way out. It will take national partisan Democratic hardball to enact anti-hardball.
Shorter version: the nationalization and polarization of our politics is what got us here, and it's also the most likely way out. It will take national partisan Democratic hardball to enact anti-hardball.
Reposted by Daniel Sharfstein
To me, this is the big news out of Virginia: the higher ed institutions are about to find a spine.
To understand what was at stake here: in VA, the AG gets to appoint university counsel. From Jim Ryan’s forced resignation to the (mercifully) reject “Compact” to the odious and bizarre “settlement,” UVA has been hamstrung by counsel chosen by the state’s GOP administration. That’s about to change.
November 5, 2025 at 2:35 AM
To me, this is the big news out of Virginia: the higher ed institutions are about to find a spine.
Reposted by Daniel Sharfstein
FWIW, I can't recall a case in which I was as uncertain of the outcome heading into oral argument as I am of the tariffs/IEEPA case (in which the possible outcomes include the Court upholding the fentanyl tariffs but not the others b/c of Section 122). Let's see if that changes during argument ...
November 5, 2025 at 3:06 PM
FWIW, I can't recall a case in which I was as uncertain of the outcome heading into oral argument as I am of the tariffs/IEEPA case (in which the possible outcomes include the Court upholding the fentanyl tariffs but not the others b/c of Section 122). Let's see if that changes during argument ...
Reposted by Daniel Sharfstein
i closed out my column this week with this preemptive jab at basically every commentator currently looking for ways to say that last night didn’t count
November 5, 2025 at 3:21 PM
i closed out my column this week with this preemptive jab at basically every commentator currently looking for ways to say that last night didn’t count
Reposted by Daniel Sharfstein
This seems huge, and deserves more attention.
SCOTUS has gone out of its way to make it harder to sue Fed law enforcement for damages when they trample—sometimes literally—on your rights.
Illinois just made it so their resident can sue the Feds in state court.
Feds fail us, states step up.
SCOTUS has gone out of its way to make it harder to sue Fed law enforcement for damages when they trample—sometimes literally—on your rights.
Illinois just made it so their resident can sue the Feds in state court.
Feds fail us, states step up.
The Illinois legislature had passed the “Illinois Bivens Act,” allowing people to sue ICE agents in state court. Just waiting for Pritzker’s signature.
dailynorthwestern.com/2025/11/03/c...
dailynorthwestern.com/2025/11/03/c...
November 5, 2025 at 1:09 PM
This seems huge, and deserves more attention.
SCOTUS has gone out of its way to make it harder to sue Fed law enforcement for damages when they trample—sometimes literally—on your rights.
Illinois just made it so their resident can sue the Feds in state court.
Feds fail us, states step up.
SCOTUS has gone out of its way to make it harder to sue Fed law enforcement for damages when they trample—sometimes literally—on your rights.
Illinois just made it so their resident can sue the Feds in state court.
Feds fail us, states step up.