Jim Oleske
@jimoleske.bsky.social
Professor, Lewis & Clark Law School. Teach constitutional law and torts, write on religious liberty and equal protection.
Pinned
Portland No Kings, before the March, from the Morrison Bridge
Reposted by Jim Oleske
The Supreme Court had three religious freedom cases last Term. With @richschragger.bsky.social and @nelsontebbe.bsky.social, our latest comments on them, extending our analysis of religious preferentialism under the First Amendment.
harvardlawreview.org/print/vol-13...
harvardlawreview.org/print/vol-13...
The Structure of Religious Preference - Harvard Law Review
A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause.
harvardlawreview.org
November 11, 2025 at 1:48 AM
The Supreme Court had three religious freedom cases last Term. With @richschragger.bsky.social and @nelsontebbe.bsky.social, our latest comments on them, extending our analysis of religious preferentialism under the First Amendment.
harvardlawreview.org/print/vol-13...
harvardlawreview.org/print/vol-13...
Reposted by Jim Oleske
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. 👇
Note: Judge Immergut briefly discusses the "regular forces" interpretive issue in a footnote, but does not weigh in with an independent analysis, finding that the 9th Circuit's earlier binding decision in California case implicitly resolved the issue.
![20 Another interpretive question is the meaning of “regular forces” in 10 U.S.C. § 12406(3). In Illinois v. Trump, No. 25-cv-12174, 2025 WL 2886645, at *16–18 (N.D. Ill. Oct. 10, 2025), the district court provided compelling reasons why “the phrase ‘regular forces’ was understood at
the time of enactment to mean the soldiers and officers regularly enlisted with the Army and Navy, as opposed to militiamen.” The Supreme Court awaits supplemental briefing on this issue, but Defendants have provided this Court with arguments why “regular forces” refers to federal
civil officers and not the standing army. Defs. Post-Trial Br., ECF 131 at 6–10. In any event, this Court need not resolve this “thorny and complex issue[] of statutory interpretation.” Illinois v. Trump, No. 25-2798, 2025 WL 2937065, at *7 (7th Cir. Oct. 16, 2025). In Newsom, the Ninth
Circuit implicitly resolved this question by equating “regular forces” with “federal officers,” i.e. federal civilian law enforcement, which is binding on this Court. 141 F.4th at 1051–52.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:iv73mapy52ilxfjnetqatnvu/bafkreiaqlqywqeer5yaikryq5sl6kqmo6gjpluxp2cj23f6g2rkw4evq74@jpeg)
November 8, 2025 at 8:00 PM
Note: Judge Immergut briefly discusses the "regular forces" interpretive issue in a footnote, but does not weigh in with an independent analysis, finding that the 9th Circuit's earlier binding decision in California case implicitly resolved the issue.
Reposted by Jim Oleske
Every time this stuff happens, my thought process begins to consider what kind of justice will be required in 3 years for these people.
ICE agents in Chicago violently detain a non verbal autistic man for being “non compliant”
He couldn’t “comply” because of his disability…they don’t care
This is not the first time they’ve gone after a disabled person
They target the most vulnerable because it’s an easy way to meet their quota
He couldn’t “comply” because of his disability…they don’t care
This is not the first time they’ve gone after a disabled person
They target the most vulnerable because it’s an easy way to meet their quota
November 8, 2025 at 5:48 PM
Every time this stuff happens, my thought process begins to consider what kind of justice will be required in 3 years for these people.
Reposted by Jim Oleske
This is a big deal, although a lot will depend on what #SCOTUS does in the Illinois case (in which we don’t expect a ruling until the week of November 17 at the earliest).
BREAKING: Judge Immergut issues a permanent injunction against Pete Hegseth and the deployment of the National Guard to Portland.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
November 8, 2025 at 1:23 AM
This is a big deal, although a lot will depend on what #SCOTUS does in the Illinois case (in which we don’t expect a ruling until the week of November 17 at the earliest).
Reposted by Jim Oleske
JUST IN: A federal judge has barred the Trump administration from using furloughed employees’ email accounts to broadcast partisan messages about the shutdown.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
November 7, 2025 at 10:10 PM
JUST IN: A federal judge has barred the Trump administration from using furloughed employees’ email accounts to broadcast partisan messages about the shutdown.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Reposted by Jim Oleske
Amusing myself thinking of alternative headlines for the Douthat column.
“Women, will they ever shut up?”
“Why won’t women smile more?”
“Have women said thank you even once?”
“Do women lack a sense of humor and is that why they never laugh at my jokes and witticisms?”
“Women, will they ever shut up?”
“Why won’t women smile more?”
“Have women said thank you even once?”
“Do women lack a sense of humor and is that why they never laugh at my jokes and witticisms?”
women, are they bitches?
the question nobody with a soul is asking, answered by people nobody wants to hear from
November 6, 2025 at 5:29 PM
Amusing myself thinking of alternative headlines for the Douthat column.
“Women, will they ever shut up?”
“Why won’t women smile more?”
“Have women said thank you even once?”
“Do women lack a sense of humor and is that why they never laugh at my jokes and witticisms?”
“Women, will they ever shut up?”
“Why won’t women smile more?”
“Have women said thank you even once?”
“Do women lack a sense of humor and is that why they never laugh at my jokes and witticisms?”
Reposted by Jim Oleske
On the meaning of "regular forces" in 1908. balkin.blogspot.com/2025/11/regu...
Balkinization: "Regular Forces:" A Lesson in the Obvious
A group blog on constitutional law, theory, and politics
balkin.blogspot.com
November 5, 2025 at 8:49 PM
On the meaning of "regular forces" in 1908. balkin.blogspot.com/2025/11/regu...
Reposted by Jim Oleske
It's impossible to overstate how much of what ICE is doing on the ground reflects this completely preposterous conflation of hostile *speech* and hostile *conduct.*
The First Amendment protects—or, at least, is supposed to protect—the former up and until it's a "true threat," which none of this is.
The First Amendment protects—or, at least, is supposed to protect—the former up and until it's a "true threat," which none of this is.
From Bovino's deposition: (1) he calls protestors "violent" if they articulate views hostile to ICE, even if no violence is manifested; (2) he instructs his forces to attack and arrest protestors who express "hyperbolic comments," which is to say, criticism of ICE and Bovino.
November 4, 2025 at 5:19 PM
It's impossible to overstate how much of what ICE is doing on the ground reflects this completely preposterous conflation of hostile *speech* and hostile *conduct.*
The First Amendment protects—or, at least, is supposed to protect—the former up and until it's a "true threat," which none of this is.
The First Amendment protects—or, at least, is supposed to protect—the former up and until it's a "true threat," which none of this is.
Reposted by Jim Oleske
The ease of suppressing votes by getting polling places temporarily closed on election day is a good reason to go to universal vote-by-mail...
Across New Jersey, bomb threats at multiple polling locations have prompted closures and relocations today
Bomb threats force closures at some New Jersey polling places
Paterson Mayor Andre Sayegh said polling sites at School 2 and School 10 in Paterson were shut down after threats were received.
newjersey.news12.com
November 4, 2025 at 2:47 PM
The ease of suppressing votes by getting polling places temporarily closed on election day is a good reason to go to universal vote-by-mail...
Reposted by Jim Oleske
In Chicago, a woman was driving to get coffee when a DHS vehicle fleeing an angry crowd crashed into her car. Armed agents jumped out of the vehicle, yanked her door open, pulled her by the legs out of her car at gunpoint, held her incommunicado for hours, then released her with no charges.
November 3, 2025 at 6:34 PM
In Chicago, a woman was driving to get coffee when a DHS vehicle fleeing an angry crowd crashed into her car. Armed agents jumped out of the vehicle, yanked her door open, pulled her by the legs out of her car at gunpoint, held her incommunicado for hours, then released her with no charges.
Reposted by Jim Oleske
Not just Kavanaugh stops. Kavanaugh ransacking of apartments. open.substack.com/pub/migranti...
SCOOP: Latino Tenants Told to Vacate After Georgetown ICE Raid
Witnesses describe multi-agency sweep at Wisconsin & O St. NW; 10–12 taken; Latino units “tossed;” ammunition left in the hallway, and tenants told to vacate.
open.substack.com
November 3, 2025 at 4:45 PM
Not just Kavanaugh stops. Kavanaugh ransacking of apartments. open.substack.com/pub/migranti...
Reposted by Jim Oleske
Today's "One First" dives into the question #SCOTUS is now asking in the Illinois National Guard case—and why "regular forces" *does* mean only the military; why the Trump administration should therefore *lose*; and why that *won't* necessarily provide a justification to invoke the Insurrection Act:
187. "Regular Forces" and the Insurrection Act
The supplemental briefing order in the Illinois National Guard case provides an obvious way for the Court to block President Trump's deployments to date—and a fair concern about what could come next.
www.stevevladeck.com
November 3, 2025 at 12:29 PM
Today's "One First" dives into the question #SCOTUS is now asking in the Illinois National Guard case—and why "regular forces" *does* mean only the military; why the Trump administration should therefore *lose*; and why that *won't* necessarily provide a justification to invoke the Insurrection Act:
Reposted by Jim Oleske
Video exhibits show federal officers using unwarranted force against protesters, state lawyers say
www.oregonlive.com/portland/202...
www.oregonlive.com/portland/202...
Videos show ‘excessive’ use of force against Portland protesters, state lawyers say
“The types and amounts of force being used by federal law enforcement is disproportionate,” a Portland police commander testified at trial.
www.oregonlive.com
November 1, 2025 at 11:42 PM
Video exhibits show federal officers using unwarranted force against protesters, state lawyers say
www.oregonlive.com/portland/202...
www.oregonlive.com/portland/202...
Reposted by Jim Oleske
Old frog shouts at scorpion
The Jewish right discovering in real time that the Trumpist right, and the open bigotries it has unleashed upon the US body politic, is not in fact going to spare Jews, is quite a trip.
October 30, 2025 at 11:03 PM
Old frog shouts at scorpion
Reposted by Jim Oleske
You really have to hand it to the people who came up with the concept of “cancel culture” — it’s a tremendously flexible tool usable by everybody. Why, here it is being used to explain why an organization nominally about values can’t reject overt antisemites.
Heritage Foundation president Kevin Roberts stands by Tucker Carlson after the former Fox News host release his controversial interview with Nick Fuentes.
"The Heritage Foundation didn't become the intellectual backbone of the conservative movement by canceling our own people" x.com/KevinRoberts...
"The Heritage Foundation didn't become the intellectual backbone of the conservative movement by canceling our own people" x.com/KevinRoberts...
October 30, 2025 at 8:32 PM
You really have to hand it to the people who came up with the concept of “cancel culture” — it’s a tremendously flexible tool usable by everybody. Why, here it is being used to explain why an organization nominally about values can’t reject overt antisemites.
Reposted by Jim Oleske
Old and busted: "No Kings".
New hotness: Kings are somehow doing a better job imposing accountability for abuse than we are.
New hotness: Kings are somehow doing a better job imposing accountability for abuse than we are.
LONDON (AP) — Buckingham Palace says King Charles III will strip Prince Andrew of remaining titles and evict him from royal residence.
October 30, 2025 at 7:30 PM
Old and busted: "No Kings".
New hotness: Kings are somehow doing a better job imposing accountability for abuse than we are.
New hotness: Kings are somehow doing a better job imposing accountability for abuse than we are.
Reposted by Jim Oleske
Since the U.S. Refugee Program was created in 1980, it has admitted over two million people fleeing ethnic cleansing and other horrors. Now it will be used as a pathway for White immigration. What a downfall for a crown jewel of America's international humanitarian programs.
October 30, 2025 at 5:17 PM
Since the U.S. Refugee Program was created in 1980, it has admitted over two million people fleeing ethnic cleansing and other horrors. Now it will be used as a pathway for White immigration. What a downfall for a crown jewel of America's international humanitarian programs.
Reposted by Jim Oleske
NEW: Trump has announced that the US will admit the lowest level of refugees ever at 7,500 in FY 2026. The US will only be admitting as refugees White people from South Africa and "victims of illegal or unjust discrimination," which leaked memos suggest means far-right Europeans.
October 30, 2025 at 5:11 PM
NEW: Trump has announced that the US will admit the lowest level of refugees ever at 7,500 in FY 2026. The US will only be admitting as refugees White people from South Africa and "victims of illegal or unjust discrimination," which leaked memos suggest means far-right Europeans.
Reposted by Jim Oleske
This does not prove the value of law prof briefs. But it sure proves the value of @martylederman.bsky.social amicus briefs. He is singlehandedly slowing the Supreme Court's roll on Trump's deployment of national guard to our cities
There's a longstanding debate over the value of law professor amicus briefs at #SCOTUS.
I'll just note that the additional briefing the Court ordered today in the Illinois National Guard case was in direct response to an amicus brief filed by ... a law professor (@martylederman.bsky.social).
I'll just note that the additional briefing the Court ordered today in the Illinois National Guard case was in direct response to an amicus brief filed by ... a law professor (@martylederman.bsky.social).
October 30, 2025 at 3:42 AM
This does not prove the value of law prof briefs. But it sure proves the value of @martylederman.bsky.social amicus briefs. He is singlehandedly slowing the Supreme Court's roll on Trump's deployment of national guard to our cities
Reposted by Jim Oleske
Andrew Cuomo is a racist, or at least playing one.
A decent person—say, his Dad—would have disagreed with this sewage from Maria Bartiromo and redirected the interview to affection and hopes for all New Yorkers.
A decent person—say, his Dad—would have disagreed with this sewage from Maria Bartiromo and redirected the interview to affection and hopes for all New Yorkers.
So here's Andrew Cuomo reacting to Maria Bartiromo wondering if Mamdani will "change the look of New York" and have Muslim women "completely covered up," telling her that Mamdani "doesn't understand New York culture" because he has "dual citizenship" and "he's a citizen of Uganda."
October 30, 2025 at 2:25 AM
Andrew Cuomo is a racist, or at least playing one.
A decent person—say, his Dad—would have disagreed with this sewage from Maria Bartiromo and redirected the interview to affection and hopes for all New Yorkers.
A decent person—say, his Dad—would have disagreed with this sewage from Maria Bartiromo and redirected the interview to affection and hopes for all New Yorkers.
Reposted by Jim Oleske
#BREAKING: In the Illinois National Guard case, #SCOTUS is asking for additional briefing on one of the key substantive questions (and one flagged by my Georgetown colleague @martylederman.bsky.social in an amicus brief):
Among other things, this means no ruling until *at least* the week of 11/17.
Among other things, this means no ruling until *at least* the week of 11/17.
October 29, 2025 at 7:31 PM
#BREAKING: In the Illinois National Guard case, #SCOTUS is asking for additional briefing on one of the key substantive questions (and one flagged by my Georgetown colleague @martylederman.bsky.social in an amicus brief):
Among other things, this means no ruling until *at least* the week of 11/17.
Among other things, this means no ruling until *at least* the week of 11/17.
Reposted by Jim Oleske
Struggling to imagine the chutzpah it takes to say that someone "doesn't understand New York culture" because they're an immigrant.
So here's Andrew Cuomo reacting to Maria Bartiromo wondering if Mamdani will "change the look of New York" and have Muslim women "completely covered up," telling her that Mamdani "doesn't understand New York culture" because he has "dual citizenship" and "he's a citizen of Uganda."
October 29, 2025 at 4:23 PM
Struggling to imagine the chutzpah it takes to say that someone "doesn't understand New York culture" because they're an immigrant.
Reposted by Jim Oleske
New paper from me offering a holistic assessment of #SCOTUS's behavior on Trump-related emergency applications thus far:
papers.ssrn.com/sol3/papers....
TL;DR: The ultimate theme of the decisions is a majority bent on preserving *their* supremacy, as such—which is likely to only be self-defeating.
papers.ssrn.com/sol3/papers....
TL;DR: The ultimate theme of the decisions is a majority bent on preserving *their* supremacy, as such—which is likely to only be self-defeating.
October 29, 2025 at 1:20 PM
New paper from me offering a holistic assessment of #SCOTUS's behavior on Trump-related emergency applications thus far:
papers.ssrn.com/sol3/papers....
TL;DR: The ultimate theme of the decisions is a majority bent on preserving *their* supremacy, as such—which is likely to only be self-defeating.
papers.ssrn.com/sol3/papers....
TL;DR: The ultimate theme of the decisions is a majority bent on preserving *their* supremacy, as such—which is likely to only be self-defeating.
Reposted by Jim Oleske
Outstanding @jamellebouie.net column. Or as I might say it, Mister we could use a man like Thaddeus Stevens again. www.nytimes.com/2025/10/29/o...
Opinion | The Empty Promises of Trump’s Imperial Presidency
www.nytimes.com
October 29, 2025 at 12:36 PM
Outstanding @jamellebouie.net column. Or as I might say it, Mister we could use a man like Thaddeus Stevens again. www.nytimes.com/2025/10/29/o...