Ben Heath
@jbentonheath.bsky.social
Associate Professor, Temple University School of Law. I post about things that interest me, some of which are about law.
Pinned
Sailing in Circles
These remarks were prepared and delivered in October 2025 at a conference focusing on economic sanctions and other challenges to international economic ordering
papers.ssrn.com
In light of some of the news this past week about U.S. coercion of Minneapolis and Venezuela, I am posting an unpublished talk I gave @brooklynlawschool.bsky.social that draws on the work of @himself.bsky.social @abenewman.bsky.social @harlangcohen.bsky.social. papers.ssrn.com/sol3/papers....
Reposted by Ben Heath
TB and Covid active in a troubled El Paso immigrant tent camp where 3 people have died over a 6 week period ( including one ruled a homicide) & following a measles outbreak at the Dilley family detention center. Reach out if you have info on Dilley/ East Montana
www.texastribune.org/2026/02/07/i...
www.texastribune.org/2026/02/07/i...
Two tuberculosis cases detected at Camp East Montana ICE facility
Eighteen cases of COVID-19 were also identified. U.S. Rep. Veronica Escobar on Friday visited the 5,000-bed tent facility on the Fort Bliss Army base and said she saw many "chronic issues."
www.texastribune.org
February 7, 2026 at 6:03 PM
TB and Covid active in a troubled El Paso immigrant tent camp where 3 people have died over a 6 week period ( including one ruled a homicide) & following a measles outbreak at the Dilley family detention center. Reach out if you have info on Dilley/ East Montana
www.texastribune.org/2026/02/07/i...
www.texastribune.org/2026/02/07/i...
Reposted by Ben Heath
As the presumption of regularity crumbles before our very (tired) eyes, do we fall back to a posture of neutrality about the government's statements? Or does it become a presumption of irregularity?
February 6, 2026 at 9:58 PM
As the presumption of regularity crumbles before our very (tired) eyes, do we fall back to a posture of neutrality about the government's statements? Or does it become a presumption of irregularity?
Reposted by Ben Heath
Interesting amicus brief by @democracyforward.org in Trump's $10b tax lawuit. They convincingly make the claim that there is no case or controversy if the President is on both sides of the litigation.
Interesting consequence of the UET.
democracyforward.org/wp-content/u...
Interesting consequence of the UET.
democracyforward.org/wp-content/u...
February 6, 2026 at 5:32 PM
Interesting amicus brief by @democracyforward.org in Trump's $10b tax lawuit. They convincingly make the claim that there is no case or controversy if the President is on both sides of the litigation.
Interesting consequence of the UET.
democracyforward.org/wp-content/u...
Interesting consequence of the UET.
democracyforward.org/wp-content/u...
This is a really powerful book and worth your time.
In What Would You Do Alone in a Cage with Nothing but Cocaine?, Hanna Pickard proposes a revolutionary new paradigm for understanding addiction.
Out now in North America, and available in the UK/Europe on 3 March.
Explore a free preview: press.princeton.edu/books/hardco...
Out now in North America, and available in the UK/Europe on 3 March.
Explore a free preview: press.princeton.edu/books/hardco...
February 6, 2026 at 5:33 PM
This is a really powerful book and worth your time.
Reposted by Ben Heath
1/ Important read from my friends Charlie Trumbull & @mikeschmitt.bsky.social
Bottom line: A sentence you could easily miss in the Trump DOJ/OLC's Maduro memo concludes a new category of *civilians* can be lawfully killed during armed conflict. It is wrong.
www.justsecurity.org/130603/olc-m...
Bottom line: A sentence you could easily miss in the Trump DOJ/OLC's Maduro memo concludes a new category of *civilians* can be lawfully killed during armed conflict. It is wrong.
www.justsecurity.org/130603/olc-m...
OLC Maduro Memo: Assisting War vs Participating in Hostilities
A recent OLC memo on U.S. use of force wrongly expands who can be targeted under the law of armed conflict, undermining civilian protections.
www.justsecurity.org
February 6, 2026 at 5:03 PM
1/ Important read from my friends Charlie Trumbull & @mikeschmitt.bsky.social
Bottom line: A sentence you could easily miss in the Trump DOJ/OLC's Maduro memo concludes a new category of *civilians* can be lawfully killed during armed conflict. It is wrong.
www.justsecurity.org/130603/olc-m...
Bottom line: A sentence you could easily miss in the Trump DOJ/OLC's Maduro memo concludes a new category of *civilians* can be lawfully killed during armed conflict. It is wrong.
www.justsecurity.org/130603/olc-m...
Reposted by Ben Heath
This is very useful and in general i agree. But I am very curious about what folks think these days about the "[x authoritarian thing] would crash markets" article of faith. The extent to which capital seems pretty chill with US authoritarianism has been quite striking over the past year.
ICE at every polling place?
Not nearly enough goons.
Refuse to seat winners?
No mechanism and would crash markets.
Lie about the vote, falsely claim fraud?
Very safe bet.
Seize ballot boxes in certain locations?
Worryingly plausible, as @rickhasen.bsky.social and @gregsargent.bsky.social explain.
Not nearly enough goons.
Refuse to seat winners?
No mechanism and would crash markets.
Lie about the vote, falsely claim fraud?
Very safe bet.
Seize ballot boxes in certain locations?
Worryingly plausible, as @rickhasen.bsky.social and @gregsargent.bsky.social explain.
Trump's FBI raid in Georgia is potential model for getting search warrant to seize 2026 ballot boxes, says @rickhasen.bsky.social.
"Once those ballots are out of control of election officials we’ve lost chain of custody."
On the pod Rick illuminatingly explains all:
newrepublic.com/article/2062...
"Once those ballots are out of control of election officials we’ve lost chain of custody."
On the pod Rick illuminatingly explains all:
newrepublic.com/article/2062...
February 6, 2026 at 4:16 PM
This is very useful and in general i agree. But I am very curious about what folks think these days about the "[x authoritarian thing] would crash markets" article of faith. The extent to which capital seems pretty chill with US authoritarianism has been quite striking over the past year.
This is very useful and in general i agree. But I am very curious about what folks think these days about the "[x authoritarian thing] would crash markets" article of faith. The extent to which capital seems pretty chill with US authoritarianism has been quite striking over the past year.
ICE at every polling place?
Not nearly enough goons.
Refuse to seat winners?
No mechanism and would crash markets.
Lie about the vote, falsely claim fraud?
Very safe bet.
Seize ballot boxes in certain locations?
Worryingly plausible, as @rickhasen.bsky.social and @gregsargent.bsky.social explain.
Not nearly enough goons.
Refuse to seat winners?
No mechanism and would crash markets.
Lie about the vote, falsely claim fraud?
Very safe bet.
Seize ballot boxes in certain locations?
Worryingly plausible, as @rickhasen.bsky.social and @gregsargent.bsky.social explain.
Trump's FBI raid in Georgia is potential model for getting search warrant to seize 2026 ballot boxes, says @rickhasen.bsky.social.
"Once those ballots are out of control of election officials we’ve lost chain of custody."
On the pod Rick illuminatingly explains all:
newrepublic.com/article/2062...
"Once those ballots are out of control of election officials we’ve lost chain of custody."
On the pod Rick illuminatingly explains all:
newrepublic.com/article/2062...
February 6, 2026 at 4:16 PM
This is very useful and in general i agree. But I am very curious about what folks think these days about the "[x authoritarian thing] would crash markets" article of faith. The extent to which capital seems pretty chill with US authoritarianism has been quite striking over the past year.
Every paragraph in this story is more upsetting than the last. We're really focused right now on the violence in the streets. But what's going on in these centers is the routine violence of this system.
"Things are not getting better. They are getting worse"
U.S. Rep. Veronica Escobar, D-El Paso, made another oversight visit at Camp East Montana last week. During her visit she met with women detained in Minnesota, detailing how many were still in their snow boots.
My story for the El Paso Times
U.S. Rep. Veronica Escobar, D-El Paso, made another oversight visit at Camp East Montana last week. During her visit she met with women detained in Minnesota, detailing how many were still in their snow boots.
My story for the El Paso Times
'Things are not getting better': US Rep. Escobar raises red flags over ICE center
U.S. Rep. Veronica Escobar raised new concerns over conditions in Camp East Montana after a visit, citing detainees not given time to speak with lawyers.
www.elpasotimes.com
February 6, 2026 at 3:33 PM
Every paragraph in this story is more upsetting than the last. We're really focused right now on the violence in the streets. But what's going on in these centers is the routine violence of this system.
Reposted by Ben Heath
Bump
I'm keynoting the Alabama Civil Rights & Civil Liberties Law Review symposium Friday. Apparently there's a livestream, so FYI, I will be pulling no punches about the nature of the Trump regime or the abuse of history by certain law professors. ("Be there, will be wild") law.ua.edu/programs/sym...
The Ever-Evolving Definition of America’s History and Tradition - University of Alabama School of Law
The Alabama Civil Rights and Civil Liberties Law Review is proud to present its 2026 symposium, The Ever-Evolving Definition of America’s History and Tradition to be hosted on February 5-6 at The Univ...
law.ua.edu
February 6, 2026 at 3:01 PM
Bump
Reposted by Ben Heath
Every American needs to watch this:
February 5, 2026 at 8:41 PM
Every American needs to watch this:
The sheer stupidity of everything is overwhelming. The Freedom Fries era was probably about as stupid, actually, but I was younger then and didn't have the perspective to appreciate just how stupid.
February 6, 2026 at 3:09 PM
The sheer stupidity of everything is overwhelming. The Freedom Fries era was probably about as stupid, actually, but I was younger then and didn't have the perspective to appreciate just how stupid.
This is unsurprising but extremely troubling news for anyone familiar with the United States’ moral cowardice on cluster munitions. theintercept.com/2026/02/06/p...
Pentagon Inks Massive $200 Million Deal to Buy Controversial Cluster Weapons From Israel
The contract for the controversial weapons known for high civilian death tolls is the largest of its kind in available government records.
theintercept.com
February 6, 2026 at 2:02 PM
This is unsurprising but extremely troubling news for anyone familiar with the United States’ moral cowardice on cluster munitions. theintercept.com/2026/02/06/p...
Reposted by Ben Heath
New, from me: Trump finalized his Schedule F policy, allowing him to remove job protections from career civil servants.
The new rule is dishonest and unmoored from reality in its effort to formalize the politicization of the federal government 🧵
donmoynihan.substack.com/p/trumps-sch...
The new rule is dishonest and unmoored from reality in its effort to formalize the politicization of the federal government 🧵
donmoynihan.substack.com/p/trumps-sch...
Trump's Schedule F Rule Finalized
A bizarro rule formally justifies politicizing public services
donmoynihan.substack.com
February 6, 2026 at 4:16 AM
New, from me: Trump finalized his Schedule F policy, allowing him to remove job protections from career civil servants.
The new rule is dishonest and unmoored from reality in its effort to formalize the politicization of the federal government 🧵
donmoynihan.substack.com/p/trumps-sch...
The new rule is dishonest and unmoored from reality in its effort to formalize the politicization of the federal government 🧵
donmoynihan.substack.com/p/trumps-sch...
Reposted by Ben Heath
OPM has just released guidance on the rule. I'm working through the final rule itself and then will turn to the guidance. I'll note anything that I think is new as I go.
www.opm.gov/chcoc/latest...
www.opm.gov/chcoc/latest...
www.opm.gov
February 5, 2026 at 5:25 PM
OPM has just released guidance on the rule. I'm working through the final rule itself and then will turn to the guidance. I'll note anything that I think is new as I go.
www.opm.gov/chcoc/latest...
www.opm.gov/chcoc/latest...
Reposted by Ben Heath
Time for an old-school #legalwriting thread crowdsourcing all of the lawyers on here. I'm interested in what you think about law student use of generative AI in writing samples. If you are hiring students, do you think about this? Do you care? 1/2
February 5, 2026 at 4:34 PM
Time for an old-school #legalwriting thread crowdsourcing all of the lawyers on here. I'm interested in what you think about law student use of generative AI in writing samples. If you are hiring students, do you think about this? Do you care? 1/2
Reposted by Ben Heath
The only response here is a motion to enjoin the whole operation
If the government's position is "I'm sorry your honor but we don't be the capacity to both respect constitutional rights and conduct the operation as it is currently being conducted" the answer is "then you must stop the operation"
If the government's position is "I'm sorry your honor but we don't be the capacity to both respect constitutional rights and conduct the operation as it is currently being conducted" the answer is "then you must stop the operation"
Flooding the zone with shit, but for the legal system. www.nytimes.com/2026/02/05/u...
Surge in Immigration Cases in Minnesota Pushes Prosecutors and Judges to Brink
www.nytimes.com
February 5, 2026 at 1:29 PM
The only response here is a motion to enjoin the whole operation
If the government's position is "I'm sorry your honor but we don't be the capacity to both respect constitutional rights and conduct the operation as it is currently being conducted" the answer is "then you must stop the operation"
If the government's position is "I'm sorry your honor but we don't be the capacity to both respect constitutional rights and conduct the operation as it is currently being conducted" the answer is "then you must stop the operation"
Reposted by Ben Heath
🚨HOLY CRAP. The Trump admin just took a SLEDGEHAMMER to due process, largely eliminating the Board of Immigration Appeals process and MANDATING DISMISSAL of ALL appeals (which cost $1,000 thanks to OBBBA) filed after tomorrow unless a majority of the BIA votes to hear the case.
February 5, 2026 at 2:37 PM
🚨HOLY CRAP. The Trump admin just took a SLEDGEHAMMER to due process, largely eliminating the Board of Immigration Appeals process and MANDATING DISMISSAL of ALL appeals (which cost $1,000 thanks to OBBBA) filed after tomorrow unless a majority of the BIA votes to hear the case.
And who says BlueSky is a bubble with no diversity of opinion?
February 5, 2026 at 2:38 PM
And who says BlueSky is a bubble with no diversity of opinion?
Reposted by Ben Heath
Sir Ian McKellen performing a monologue from Shakespeare’s Sir Thomas More on the Stephen Colbert show. Never have I heard this monologue performed with such a keen sense of prescience. Nor have I ever been in this exact historical moment.TY Sir Ian, for reaching us once again.
#Pinks #ProudBlue
#Pinks #ProudBlue
February 5, 2026 at 11:50 AM
Sir Ian McKellen performing a monologue from Shakespeare’s Sir Thomas More on the Stephen Colbert show. Never have I heard this monologue performed with such a keen sense of prescience. Nor have I ever been in this exact historical moment.TY Sir Ian, for reaching us once again.
#Pinks #ProudBlue
#Pinks #ProudBlue
Reposted by Ben Heath
A lot going on here, but off the top: rest assured that when the Trump Admin invokes “Tren de Aragua” it’s just a scary sounding term for “immigrants” or “brown people.”
Also, wasn’t aware that ICE had authority to enforce state property law.
Also, wasn’t aware that ICE had authority to enforce state property law.
"The Trump administration has claimed the Venezuelan gang Tren de Aragua had taken over the building. But new documents make no mention of the gang...
"...federal prosecutors have not filed criminal charges against anyone who was arrested."
by @melissa-sanchez.bsky.social / @jodicohen.bsky.social
"...federal prosecutors have not filed criminal charges against anyone who was arrested."
by @melissa-sanchez.bsky.social / @jodicohen.bsky.social
The Real Story Behind the Midnight Immigration Raid on a Chicago Apartment Building
The Trump administration has claimed the Venezuelan gang Tren de Aragua had taken over the building. But new documents make no mention of the gang and reveal federal agents had information about “ille...
www.propublica.org
February 4, 2026 at 3:49 PM
A lot going on here, but off the top: rest assured that when the Trump Admin invokes “Tren de Aragua” it’s just a scary sounding term for “immigrants” or “brown people.”
Also, wasn’t aware that ICE had authority to enforce state property law.
Also, wasn’t aware that ICE had authority to enforce state property law.
Reposted by Ben Heath
The key here is that DHS spent annual appropriations money (with the rider), not OBBA money (without):
“Plaintiffs have made a strong showing that the January 8, 2026, notice requirement was also promulgated, implemented, and is presently being enforced with the use of Section 527 funds.”
“Plaintiffs have made a strong showing that the January 8, 2026, notice requirement was also promulgated, implemented, and is presently being enforced with the use of Section 527 funds.”
Judge rules members of Congress can inspect all ICE detention centers without appointment. "...DHS Sec. Kristi Noem re-implemented a notice requirement…..[which] required 7-days’ warning for visits to [ICE] facilities... funded exclusively by the ‘Big Beautiful Bill’..." thehill.com/regulation/c...
thehill.com
February 4, 2026 at 1:26 PM
The key here is that DHS spent annual appropriations money (with the rider), not OBBA money (without):
“Plaintiffs have made a strong showing that the January 8, 2026, notice requirement was also promulgated, implemented, and is presently being enforced with the use of Section 527 funds.”
“Plaintiffs have made a strong showing that the January 8, 2026, notice requirement was also promulgated, implemented, and is presently being enforced with the use of Section 527 funds.”
For my Philly restaurant scene peeps, "sushi cinnamon roll with wine pairing" sounds like a menu item at Roxanne.
February 3, 2026 at 10:13 PM
For my Philly restaurant scene peeps, "sushi cinnamon roll with wine pairing" sounds like a menu item at Roxanne.
Reposted by Ben Heath
I have confirmed the gist of this report out of federal court in Minnesota today from a source familiar.
If you have more information about the District of Minnesota—either the court or the U.S. Attorney's Office—and how they are handling all of this, please reach out. I am at crg.32 on Signal.
If you have more information about the District of Minnesota—either the court or the U.S. Attorney's Office—and how they are handling all of this, please reach out. I am at crg.32 on Signal.
February 3, 2026 at 9:38 PM
I have confirmed the gist of this report out of federal court in Minnesota today from a source familiar.
If you have more information about the District of Minnesota—either the court or the U.S. Attorney's Office—and how they are handling all of this, please reach out. I am at crg.32 on Signal.
If you have more information about the District of Minnesota—either the court or the U.S. Attorney's Office—and how they are handling all of this, please reach out. I am at crg.32 on Signal.
Reposted by Ben Heath
Some people have questioned whether this is real. First, Blume is a legit reporter who's covering the courts in earnest. Second, there's a MN-barred attorney named Julie Le whose address is literally the Whipple Building. Another attorney confirmed to me she's a private attorney contracting with DOJ
February 3, 2026 at 9:34 PM
Some people have questioned whether this is real. First, Blume is a legit reporter who's covering the courts in earnest. Second, there's a MN-barred attorney named Julie Le whose address is literally the Whipple Building. Another attorney confirmed to me she's a private attorney contracting with DOJ
This is getting a lot of attention, but does anyone actually know what happened? I have no reason to doubt either post, but I also don't feel like I know enough about what went on on to have a reaction.
This is unreal. An AUSA talking like that in open court is about as close as you can come to a total breakdown. Never heard of anything like it.
February 3, 2026 at 9:23 PM
This is getting a lot of attention, but does anyone actually know what happened? I have no reason to doubt either post, but I also don't feel like I know enough about what went on on to have a reaction.