Deborah Pearlstein
debpearlstein.bsky.social
Deborah Pearlstein
@debpearlstein.bsky.social
Director, Program on Law & Public Policy, Princeton University School of Public and International Affairs. Charles & Marie Robertson Visiting Professor of Law & Public Affairs. Still teaching Con law, still aiming to get out of the new social media market.
Reposted by Deborah Pearlstein
The group bike ride for Alex Pretti is about to depart in Minneapolis, stopping at his memorial, then Renee Good’s, and finishing at the VFW. If you can join, hop on anywhere. It’s a warm 17° & sunny!

I’ve never seen this many cyclists for a group ride. ⚡️✊🏽⚡️🚲⚡️✊🏽⚡️ #RIPPretti
January 31, 2026 at 7:41 PM
Barn burner of an opinion with this one, quoting the Decl'n of Independence (among other things), but unhelpfully short on explaining, say, which legal claim does the work here. Still "With a finger in the constitutional dike, it is so ordered."
January 31, 2026 at 8:51 PM
Obvi don't love the outcome, but it's a thoughtful opinion reflecting how hard DCts work to apply the law as it stands. Pltfs raise a novel claim that would extend SCt's existing 10A doctrine. At prelim injunction stage, judge can't quite call it "likely" to succeed, the legal std that applies.
BREAKING: Judge Katherine Menendez denies Minnesota, Minneapolis, and St. Paul’s request for a TRO or preliminary injunction blocking the Trump administration’s Operation Metro Surge on Tenth Amendment grounds.

Background at Law Dork: www.lawdork.com/p/challengin...
January 31, 2026 at 8:34 PM
Reposted by Deborah Pearlstein
Steve Levitsky, the co-author of How Democracies Die, on the dangerous place we have reached as Trump escalates:

“Orbán doesn’t arrest journalists,” he said. “And in Hungary if you walk the streets of Budapest or other Hungarian cities, you will not find heavily armed masked men abducting people."
January 31, 2026 at 6:52 PM
What court packing looks like.
The Utah governor just signed a bill to expand his state's supreme court by two seats.

Conservatives have been angry at a series of judicial rulings, including one that safeguarded direct democracy in 2024 & one that struck down their gerrymander. 1st step of their retaliation.
January 31, 2026 at 7:35 PM
Reposted by Deborah Pearlstein
January 31, 2026 at 12:17 AM
Reposted by Deborah Pearlstein
It's near-white out conditions in Chicago as the snow comes down, and tonight's anti-ICE/CBP rally is wrapping up in front of city hall.

But not before the crowd bounces and chants, "I believe that we will win!"
January 31, 2026 at 12:41 AM
Reposted by Deborah Pearlstein
Thousands of people filled the streets of downtown Minneapolis in protest of federal immigration enforcement for the second consecutive Friday.

📷️: Aaron Lavinsky
January 30, 2026 at 9:42 PM
Reposted by Deborah Pearlstein
THIS. IS. SERVICE. JOURNALISM.
some Public Service Journalism: I took that Minnesota judge's pdf list of court orders that ICE violated, found all the cases on CourtListener and linked to the dockets reason.com/2026/01/30/j...
January 31, 2026 at 12:34 AM
Reposted by Deborah Pearlstein
"The pessimistic story is far darker. It’s about the raid being a test run for messing with election administrators and the counting of ballots in the midterm elections.... Now is the time for state and local governments, the courts, and the people to work against such potential election subversion"
My New One @slate.com: "Trump’s Continued Obsession With 2020 Is a Joke. His Raid on a Georgia Election Site Is Not."
slate.com/news-and-pol...
January 29, 2026 at 9:19 PM
Honored to join Judge Scheindlin to talk about how attacks on lawyers & firms have produced a sustained unwillingness among many firms to take cases challenging government actions. Especially as election year litigation heats up, professional independence has never been more important.
January 29, 2026 at 5:32 PM
A start. How about neither ICE nor C.B.P. shall be allowed within 500 yards of any polling place, upon penalty of (take your pick) immediate revocation of federal employment?
SCHUMER says Democrats are “united” behind three DHS reforms

1/ End roving patrols; tighten the rules on warrants and require ICE to coordinate with local authorities.

2/ Enforce accountability; a uniform code of conduct.

3/ Require masks off, body cameras on, agents carry ID.
January 28, 2026 at 9:58 PM
Huh, wonder if maybe part of the reason ICE wasn't following "protocol" was because you (falsely) told them "you have federal immunity in the conduct of your duties." www.youtube.com/watch?v=0nNB...
Miller Suggests Federal Agents May Have Diverted From ‘Protocol’ Before Pretti Shooting
www.nytimes.com
January 28, 2026 at 7:03 PM
I don't even know where to start with the illegal...The Executive does not have the constitutional power to raise revenue. The Executive does not have the constitutional power to make decisions about expenditures. The Executive does not have the power to privatize the functions of the US Treasury...
Marco Rubio: "The oil proceeds are being deposited into an account that ultimately will become a US Treasury blocked account here in the US. We will say 'this is what this money can be spent on.' They will submit to us a budget request -- 'we want to use the money on these things.'"
January 28, 2026 at 6:57 PM
Reposted by Deborah Pearlstein
When you call Raskin's office, the voicemail message tells you how to make a whistleblower report. Very good.
Good to see: Rep Jamie Raskin is encouraging whistleblowers inside DHS and DOJ to approach Dems and share info about failure to investigate ICE murders.

"We are now being far more direct in asking whistleblowers to come forward," Raskin tells me.

In my new piece:

newrepublic.com/article/2057...
January 28, 2026 at 12:18 PM
The Vienna Convention on Consular Relations Art. 31 bars US authorities from entering w/o consular consent. Know why this rule has worked so well here for so long? B/c we have forever understood that violating it here immediately weakens our own claim to inviolability for our consulates worldwide.
In videos posted on social media, one employee can be heard saying: “This is the Ecuadorian consulate. You’re not allowed to enter.” The agent responds, “If you touch me, I’ll grab you.”

www.nytimes.com/live/2026/01...
January 28, 2026 at 3:31 AM
Reposted by Deborah Pearlstein
At least a dozen career DOJ prosecutors left after the department failed to open a civil rights probe into the fatal shooting of Renee Good. DOJ repeated that failure with Alex Pretti.

If you’re a DOJ employee under pressure to compromise your ethics: Justice Connection is here to support you.
DOJ Employee Resources - Justice Connection
Justice Connection offers DOJ employees under attack pro bono legal representation, employment resources, mental health support, and media assistance.
www.thejusticeconnection.org
January 28, 2026 at 2:03 AM
Reposted by Deborah Pearlstein
BREAKING: Two Republican senators, Thom Tillis and Lisa Murkowski, call for DHS Secretary Kristi Noem to resign.
Two Republican senators call for Kristi Noem to resign as DHS secretary
Sens. Lisa Murkowski and Thom Tillis are the first GOP members of Congress to call for Noem to step down as secretary of the Department of Homeland Security.
www.nbcnews.com
January 27, 2026 at 11:38 PM
Reposted by Deborah Pearlstein
BREAKING: The petitioner ("T.R." or Juan Tobay Robles) whose non-release prompted Chief Judge Schilitz to threaten ICE director Todd Lyons with contempt has now been RELEASED, according to what the civil chief of the US Atty's office has told his atty and his atty has relayed to me.
January 27, 2026 at 7:40 PM
Reposted by Deborah Pearlstein
As we all learned in school, a bill becomes a law when the People’s Republic of China sends it to the U.S. President and he signs it.
January 27, 2026 at 11:41 PM
And further breathing life into the once unlikely case Minnesota brought that this is indeed federal commandeering of sovereign state functions, unconstitutional under the 10th Amendment.…
Trump’s demands of Minnesota and Minneapolis - still blaming Dem leadership in the state for the chaos and death his regime has caused. Doesn’t sound promising.
January 27, 2026 at 9:52 PM
Reposted by Deborah Pearlstein
What is going on w/Bondi's DOJ & Pirro's US Attny's Office? They are repeatedly missing court deadlines in new lawsuits against USG & facing possible default. I had two w/i last few days. Admin has gutted these offices. I feel for lawyers still there. Workload is unmanageable.
January 27, 2026 at 9:45 PM
This is at least the 2d DOJ lawyer threatened w/ethics sanctions TODAY. Partly this may be the deeply unqualified pool of young hires on front line post-DOJ purge/resignations. Part I fear is an ethics deterrent that remains too weak. It may take seeing DOJ response to actual contempt order to know.
Judge Roy Dalton in Florida is threatening to sanction U.S. Attorney Gregory Kehoe for a "woeful, wholesale failure to point to scores of contrary persuasive cases" holding Trump's policy of denying bond hearings to detained migrants is unlawful. storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
January 27, 2026 at 6:13 PM
GWBush conservative Judge Schiltz (D.Minn) extraordinarily orders ICE Dir. Lyons to personally defend himself in court unless ICE promptly releases unlawfully detained migrant. Schiltz: "The court's patience is at an end.... [T]he extent of ICE’s violation of court orders is likewise extraordinary.”
Judge Orders ICE Chief to Appear in Court Over Potential Contempt
www.nytimes.com
January 27, 2026 at 3:46 PM
🧵Looks like we're at 10 Republican Senators who've called for an investigation, I'd missed Cruz (R-TX), Moran (R-KS) (noted in today's NYT) along w/ Sens. Paul (R-KY), Young (R-IN), Curtis (R-UT), Ricketts (R-NE), Tillis (R-NC), Cassidy (R-LA), Murkowski (R-AK), Collins (R-ME).
🧵 With addition today of Sen. Homeland Security Chair Rand Paul (R-KY), I count now 8 Senate Republicans calling for hearing/investigation into Minnesota killing, incl Sens. Young (R-IN), Curtis (R-UT), Ricketts (R-NE), Tillis (R-NC), Cassidy (R-LA), Murkowski (R-AK), Collins (R-ME).
January 27, 2026 at 1:28 PM