Julian Davis Mortenson
@jdmortenson.bsky.social
University of Michigan law professor. Legal historian. Constitutional litigator. Walking thorny ground. Probably kidding.
Faculty bio at http://bit.ly/jdm-bio
Faculty bio at http://bit.ly/jdm-bio
purely for the record, without any rancor or desire for real time disputation:
(1) the “Schmesident” claim does not follow from the law execution thesis, and I don’t think I’ve ever said anything like it
(2) removal authority does not require accepting the bundle of authorities approach
(1) the “Schmesident” claim does not follow from the law execution thesis, and I don’t think I’ve ever said anything like it
(2) removal authority does not require accepting the bundle of authorities approach
November 10, 2025 at 2:10 AM
purely for the record, without any rancor or desire for real time disputation:
(1) the “Schmesident” claim does not follow from the law execution thesis, and I don’t think I’ve ever said anything like it
(2) removal authority does not require accepting the bundle of authorities approach
(1) the “Schmesident” claim does not follow from the law execution thesis, and I don’t think I’ve ever said anything like it
(2) removal authority does not require accepting the bundle of authorities approach
this is a cool feature
November 8, 2025 at 2:37 PM
this is a cool feature
YES I BROKE DOWN AND AM READING IT
November 6, 2025 at 9:22 PM
YES I BROKE DOWN AND AM READING IT
this is just a shocking assertion
November 6, 2025 at 9:21 PM
this is just a shocking assertion
barely reubenated before deciding
Hero jury saves hoagie hurler from legal grinder www.nytimes.com/2025/08/27/u...
Prosecutors Fail to Secure Indictment Against Man Who Threw Sandwich at Federal Agent
www.nytimes.com
November 6, 2025 at 7:49 PM
barely reubenated before deciding
Reposted by Julian Davis Mortenson
gotta teach this case in trial advoacy
The defense team presses Lairmore on whether the sandwich really 'exploded.' They return to the photo of the sandwich and wrapper on the ground.
"That sandwich hasn't exploded at all, has it?" defense asks.
"It looks like a little bit is coming out towards the bottom," Lairmore replies.
"That sandwich hasn't exploded at all, has it?" defense asks.
"It looks like a little bit is coming out towards the bottom," Lairmore replies.
November 6, 2025 at 7:32 PM
gotta teach this case in trial advoacy
Reposted by Julian Davis Mortenson
Or just reading words in sentences the normal way.
November 6, 2025 at 2:14 AM
Or just reading words in sentences the normal way.
I *clears throat* actually think this whole episode (from the clever Betsy “you know, man’s got a point” geniuses who tried to paper the record though to Trump [sic] publicly backing off from this as “too cute”) says a whole whole lot about how and why law matters
the other day @jamellebouie.net was posting about the absurd "but what if you nominated a 2-term pres as VP and then the pres resigned?" "loophole" and said (i'm paraphrasing) that the constitution is written in plain english and should be intepreted as such rather than as a fun semantic game
November 6, 2025 at 1:52 AM
I *clears throat* actually think this whole episode (from the clever Betsy “you know, man’s got a point” geniuses who tried to paper the record though to Trump [sic] publicly backing off from this as “too cute”) says a whole whole lot about how and why law matters
Reposted by Julian Davis Mortenson
the other day @jamellebouie.net was posting about the absurd "but what if you nominated a 2-term pres as VP and then the pres resigned?" "loophole" and said (i'm paraphrasing) that the constitution is written in plain english and should be intepreted as such rather than as a fun semantic game
November 6, 2025 at 12:47 AM
the other day @jamellebouie.net was posting about the absurd "but what if you nominated a 2-term pres as VP and then the pres resigned?" "loophole" and said (i'm paraphrasing) that the constitution is written in plain english and should be intepreted as such rather than as a fun semantic game
Reposted by Julian Davis Mortenson
So one thing that Justice Sotomayor is very adept at is hearing when her conservative colleagues are trying to give someone an out and squishing it. Here, she does with that Justice Barrett's (friendly?) question to Sauer about whether these tariffs are actually licenses. /10
November 5, 2025 at 9:02 PM
So one thing that Justice Sotomayor is very adept at is hearing when her conservative colleagues are trying to give someone an out and squishing it. Here, she does with that Justice Barrett's (friendly?) question to Sauer about whether these tariffs are actually licenses. /10
Reposted by Julian Davis Mortenson
What if the sandwich case fails cuz they can’t figure out what a sandwich is? If that happens, my work on the internet will be done and I will ascend to the Lords of Kobol.
November 6, 2025 at 12:33 AM
What if the sandwich case fails cuz they can’t figure out what a sandwich is? If that happens, my work on the internet will be done and I will ascend to the Lords of Kobol.
Reposted by Julian Davis Mortenson
IMPORTANT: you are fully authorized to lib out tonight. it’s fine! enjoy!
November 5, 2025 at 3:20 AM
IMPORTANT: you are fully authorized to lib out tonight. it’s fine! enjoy!
I
I BELIEVE
I BELIEVE THAT
I BELIEVE THAT WE
I BELIEVE THAT WE WILL WIN
I BELIEVE THAT WE WILL WIN
I BELIEVE THAT WE WILL WIN
I BELIEVE
I BELIEVE THAT
I BELIEVE THAT WE
I BELIEVE THAT WE WILL WIN
I BELIEVE THAT WE WILL WIN
I BELIEVE THAT WE WILL WIN
November 5, 2025 at 1:56 AM
I
I BELIEVE
I BELIEVE THAT
I BELIEVE THAT WE
I BELIEVE THAT WE WILL WIN
I BELIEVE THAT WE WILL WIN
I BELIEVE THAT WE WILL WIN
I BELIEVE
I BELIEVE THAT
I BELIEVE THAT WE
I BELIEVE THAT WE WILL WIN
I BELIEVE THAT WE WILL WIN
I BELIEVE THAT WE WILL WIN
STAY STRONG
November 5, 2025 at 12:34 AM
STAY STRONG
Reposted by Julian Davis Mortenson
"I'm not doing your silly tricks!"
November 5, 2025 at 12:33 AM
"I'm not doing your silly tricks!"
Reposted by Julian Davis Mortenson
This is why there are so few Kagancurrences.
that justice O’Connor, always o’concurring
November 5, 2025 at 12:33 AM
This is why there are so few Kagancurrences.
that justice O’Connor, always o’concurring
November 5, 2025 at 12:25 AM
that justice O’Connor, always o’concurring
Reposted by Julian Davis Mortenson
For fellow professors that require “interview a professor“ assignments, just know I will find you and I will have my revenge.
November 4, 2025 at 9:44 PM
For fellow professors that require “interview a professor“ assignments, just know I will find you and I will have my revenge.
Reposted by Julian Davis Mortenson
Reposted by Julian Davis Mortenson
What you are saying is give peas a chance
November 4, 2025 at 10:02 PM
What you are saying is give peas a chance
Reposted by Julian Davis Mortenson
A compromise: We keep ICE, but rename the organization "Frozen Peas" and they have to put it on all their uniforms.
November 4, 2025 at 10:00 PM
A compromise: We keep ICE, but rename the organization "Frozen Peas" and they have to put it on all their uniforms.
👇
My two cents is the footnote controls since it is a response to the dissent, if you can figure out what wiggle room it’s trying to create.
November 4, 2025 at 10:01 PM
👇
Reposted by Julian Davis Mortenson
I thought sandwich guy pleaded nolo condimentere.
Border Patrol agent Lairmore testifies that he was not injured by the sandwich, but he felt the impact through his ballistic vest.
The sandwich came apart and "kind of exploded" on his chest upon impact, he says.
"I could smell the onions and mustard."
The sandwich came apart and "kind of exploded" on his chest upon impact, he says.
"I could smell the onions and mustard."
November 4, 2025 at 9:01 PM
I thought sandwich guy pleaded nolo condimentere.
Reposted by Julian Davis Mortenson
Oh — the situation has escalated.
Pope Leo has spoken out: says "spiritual rights" of detainees should be respected and calls on the "authorities" to allow "pastoral workers" in.
"Jesus says very clearly … we're going to be asked, how did you receive the foreigner?" www.youtube.com/watch?v=taCi...
Pope Leo has spoken out: says "spiritual rights" of detainees should be respected and calls on the "authorities" to allow "pastoral workers" in.
"Jesus says very clearly … we're going to be asked, how did you receive the foreigner?" www.youtube.com/watch?v=taCi...
November 4, 2025 at 9:02 PM
Oh — the situation has escalated.
Pope Leo has spoken out: says "spiritual rights" of detainees should be respected and calls on the "authorities" to allow "pastoral workers" in.
"Jesus says very clearly … we're going to be asked, how did you receive the foreigner?" www.youtube.com/watch?v=taCi...
Pope Leo has spoken out: says "spiritual rights" of detainees should be respected and calls on the "authorities" to allow "pastoral workers" in.
"Jesus says very clearly … we're going to be asked, how did you receive the foreigner?" www.youtube.com/watch?v=taCi...
sure, ban ice. what are you gonna use for cocktails, smart guy—frozen peas?
November 4, 2025 at 9:09 PM
sure, ban ice. what are you gonna use for cocktails, smart guy—frozen peas?