Joseph Mead
@josephwmead.bsky.social
Special Litigation Counsel @ Georgetown Law's Institute for Constitutional Advocacy and Protection (ICAP). Views are my own, and are subject to change.
Reposted by Joseph Mead
ICAP is proud to have defeated Kim Davis's efforts to overrule Obergefell. SCOTUS's denial of review confirms that same-sex couples have a constitutional right to marry, and that Davis's denial of marriage licenses plainly violated that right. Love wins!
November 10, 2025 at 3:36 PM
ICAP is proud to have defeated Kim Davis's efforts to overrule Obergefell. SCOTUS's denial of review confirms that same-sex couples have a constitutional right to marry, and that Davis's denial of marriage licenses plainly violated that right. Love wins!
Congratulations to the team on successfully opposing Davis's cert petition!
#BREAKING: Over no public dissents, #SCOTUS denies Kim Davis's petition asking the justices to overturn Obergefell v. Hodges (which recognized federal constitutional protections for same-sex marriage):
www.supremecourt.gov/orders/court...
www.supremecourt.gov/orders/court...
www.supremecourt.gov
November 10, 2025 at 3:05 PM
Congratulations to the team on successfully opposing Davis's cert petition!
New article on Executive Branch Forum Shopping, now up on Wisconsin Law Review forward. wlr.law.wisc.edu/wp-content/u.... Most discussions of forum shopping focus on the plaintiff, but this piece looks at defendants-esp the United States-picking the court where challenges can be brought.
wlr.law.wisc.edu
November 9, 2025 at 11:29 PM
New article on Executive Branch Forum Shopping, now up on Wisconsin Law Review forward. wlr.law.wisc.edu/wp-content/u.... Most discussions of forum shopping focus on the plaintiff, but this piece looks at defendants-esp the United States-picking the court where challenges can be brought.
My weight at birth is also a historical fact but I'm pretty sure it doesn't irreparably harm the United States not to include that on my passport.
November 6, 2025 at 11:05 PM
My weight at birth is also a historical fact but I'm pretty sure it doesn't irreparably harm the United States not to include that on my passport.
sub semper tyrannis
November 6, 2025 at 8:07 PM
sub semper tyrannis
Hey I am going to subway anyone want anything?
November 6, 2025 at 7:41 PM
Hey I am going to subway anyone want anything?
Reposted by Joseph Mead
Are you a scholar who would be excited to help CAC fulfill the progressive promise of the Constitution? If so, apply to be our Scholar-in-Residence! www.theusconstitution.org/scholar-in-r...
November 5, 2025 at 9:35 PM
Are you a scholar who would be excited to help CAC fulfill the progressive promise of the Constitution? If so, apply to be our Scholar-in-Residence! www.theusconstitution.org/scholar-in-r...
"Lawyers and law firms that contemplate agreeing with a government to conditions that may limit or shape their law practices must examine whether such conduct will create issues under the Rules of Professional Conduct." Ethics Op on law firms striking deals w POTUS. www.dcbar.org/For-Lawyers/...
DC Bar - Ethics Opinion 391
Ethics Opinion 391
www.dcbar.org
October 28, 2025 at 11:38 PM
"Lawyers and law firms that contemplate agreeing with a government to conditions that may limit or shape their law practices must examine whether such conduct will create issues under the Rules of Professional Conduct." Ethics Op on law firms striking deals w POTUS. www.dcbar.org/For-Lawyers/...
Delighted to be back in Cleveland to talk about threats to rule of law: weakening of judicial checks on Executive lawlessness and extraordinary attempts to discourage litigation (like attacking lawyers). See you tomorrow at CSU Law!
October 23, 2025 at 8:14 PM
Delighted to be back in Cleveland to talk about threats to rule of law: weakening of judicial checks on Executive lawlessness and extraordinary attempts to discourage litigation (like attacking lawyers). See you tomorrow at CSU Law!
Reposted by Joseph Mead
I have an opinion piece in @insidehighered.com arguing:
“No university leader or trustee can truthfully say that it fulfills their fiduciary responsibility to sign their school up for this.”
Whereas rejecting the compact—even simply by doing nothing—is an opportunity for all of higher ed.
“No university leader or trustee can truthfully say that it fulfills their fiduciary responsibility to sign their school up for this.”
Whereas rejecting the compact—even simply by doing nothing—is an opportunity for all of higher ed.
Rejecting the Compact Is an Opportunity (opinion)
The only action needed now is no action at all, Joseph Fishkin writes.
www.insidehighered.com
October 21, 2025 at 2:36 PM
I have an opinion piece in @insidehighered.com arguing:
“No university leader or trustee can truthfully say that it fulfills their fiduciary responsibility to sign their school up for this.”
Whereas rejecting the compact—even simply by doing nothing—is an opportunity for all of higher ed.
“No university leader or trustee can truthfully say that it fulfills their fiduciary responsibility to sign their school up for this.”
Whereas rejecting the compact—even simply by doing nothing—is an opportunity for all of higher ed.
It's still a TRO if it gets extended for 14 days... FRCP 65 says this explicitly. I don't get this...
October 20, 2025 at 9:39 PM
It's still a TRO if it gets extended for 14 days... FRCP 65 says this explicitly. I don't get this...
Even a year ago, this would have been unfathomable. Now it's almost expected.
“We found over 35 cases in which the judges have specifically said what the government is providing…false information. It might be intentionally false information, including false sworn declarations time and again," says Ryan Goodman, law professor at New York University.
October 20, 2025 at 12:28 PM
Even a year ago, this would have been unfathomable. Now it's almost expected.
Reposted by Joseph Mead
If you want to read 20,000 or so more words on how Trump has assaulted Congress’s power of the purse, and how Congress should fight back, I’ve got the law review article for you: papers.ssrn.com/sol3/papers....
The Crisis of Appropriations Law
<p><span>Appropriations law is a unique body of federal law. Appropriations law imposes its own somewhat baroque set of statutory interpretation principle
papers.ssrn.com
October 12, 2025 at 1:11 PM
If you want to read 20,000 or so more words on how Trump has assaulted Congress’s power of the purse, and how Congress should fight back, I’ve got the law review article for you: papers.ssrn.com/sol3/papers....
Reposted by Joseph Mead
New from me at Cato: I go through the numerous and massive First Amendment and academic-freedom violations of Trump's proffered "compact" with universities and then talk about the mechanism by which it would be enforced, by way of what I describe as a "retroactive push-button guillotine."
Universities Must Defend Their Independence by Rejecting Trump's "Compact"
The Trump administration has proffered a “compact” to universities that would require them to surrender their independence and academic freedom. How many First Amendment violations can we identify in ...
www.cato.org
October 11, 2025 at 2:08 AM
New from me at Cato: I go through the numerous and massive First Amendment and academic-freedom violations of Trump's proffered "compact" with universities and then talk about the mechanism by which it would be enforced, by way of what I describe as a "retroactive push-button guillotine."
Reposted by Joseph Mead
And, for the record, and to my great shame and dismay (but holding myself to account), no judge asked why they were hearing a stay motion for an appeal of a TRO, which isn't appealable in the first place.
We are truly living in cursed times.
We are truly living in cursed times.
I anticipate one of the first questions will be: wait, how can you appeal a TRO?
October 9, 2025 at 5:22 PM
And, for the record, and to my great shame and dismay (but holding myself to account), no judge asked why they were hearing a stay motion for an appeal of a TRO, which isn't appealable in the first place.
We are truly living in cursed times.
We are truly living in cursed times.
Reposted by Joseph Mead
“A more robust and effective damages regime obviously would not prevent unconstitutional conduct by government officers. But it sure would be an easy way to reduce its frequency—and it would also be a remarkably easy statute to write.”
Me in today’s bonus issue of “One First”:
Me in today’s bonus issue of “One First”:
Bonus 182: Damages as a (Missing) Deterrent
It's worth reflecting on how different things might look right now if federal officers—or the federal government itself—faced a meaningful specter of monetary liability for constitutional violations.
www.stevevladeck.com
October 9, 2025 at 11:19 AM
“A more robust and effective damages regime obviously would not prevent unconstitutional conduct by government officers. But it sure would be an easy way to reduce its frequency—and it would also be a remarkably easy statute to write.”
Me in today’s bonus issue of “One First”:
Me in today’s bonus issue of “One First”:
Reposted by Joseph Mead
Today, we filed a brief in the Supreme Court opposing former County Clerk Kim Davis' meritless request that Obergefell be overturned. Marriage equality is the law of the land, and it's here to stay.
Read the full brief here: www.supremecourt.gov/DocketPDF/25...
Read the full brief here: www.supremecourt.gov/DocketPDF/25...
www.supremecourt.gov
October 8, 2025 at 6:53 PM
Today, we filed a brief in the Supreme Court opposing former County Clerk Kim Davis' meritless request that Obergefell be overturned. Marriage equality is the law of the land, and it's here to stay.
Read the full brief here: www.supremecourt.gov/DocketPDF/25...
Read the full brief here: www.supremecourt.gov/DocketPDF/25...
Reposted by Joseph Mead
The federal government does and should have the authority to deploy troops into our cities—even without local consent—*when the circumstances actually warrant it.*
In @nytopinion.nytimes.com, me on why the real issue in Portland, Chicago, and elsewhere is the missing / contrived factual predicate:
In @nytopinion.nytimes.com, me on why the real issue in Portland, Chicago, and elsewhere is the missing / contrived factual predicate:
Opinion | No, Trump Can’t Deploy Troops to Wherever He Wants
www.nytimes.com
October 7, 2025 at 11:16 AM
The federal government does and should have the authority to deploy troops into our cities—even without local consent—*when the circumstances actually warrant it.*
In @nytopinion.nytimes.com, me on why the real issue in Portland, Chicago, and elsewhere is the missing / contrived factual predicate:
In @nytopinion.nytimes.com, me on why the real issue in Portland, Chicago, and elsewhere is the missing / contrived factual predicate:
It's... a hard read right now, but this weekend I got to Cynthia Fountaine's article about the collapse of the legal system and the role of lawyers/courts during the rise of Nazism/Hitler in Germany. Worth reading and reflecting upon. commons.stmarytx.edu/cgi/viewcont...
commons.stmarytx.edu
October 6, 2025 at 6:50 PM
It's... a hard read right now, but this weekend I got to Cynthia Fountaine's article about the collapse of the legal system and the role of lawyers/courts during the rise of Nazism/Hitler in Germany. Worth reading and reflecting upon. commons.stmarytx.edu/cgi/viewcont...
Reposted by Joseph Mead
Earlier this summer, I presented Textualism Step Zero at the Harvard-Yale-Stanford Junior Faculty Forum
I begin with a confession of my failures and say something about a failure in textualism-hey, and this is different for me-even a way to fix that for textualism!
papers.ssrn.com/sol3/papers....
I begin with a confession of my failures and say something about a failure in textualism-hey, and this is different for me-even a way to fix that for textualism!
papers.ssrn.com/sol3/papers....
October 6, 2025 at 6:03 PM
Earlier this summer, I presented Textualism Step Zero at the Harvard-Yale-Stanford Junior Faculty Forum
I begin with a confession of my failures and say something about a failure in textualism-hey, and this is different for me-even a way to fix that for textualism!
papers.ssrn.com/sol3/papers....
I begin with a confession of my failures and say something about a failure in textualism-hey, and this is different for me-even a way to fix that for textualism!
papers.ssrn.com/sol3/papers....
Reposted by Joseph Mead
🎥 As the SCOTUS October Term begins, revisit highlights from the Supreme Court Institute’s recent Term Preview! Professors Aderson François and @stevevladeck.bsky.social reflect on the event’s value for students and the cases they were most eager to discuss with students.
October 6, 2025 at 5:56 PM
🎥 As the SCOTUS October Term begins, revisit highlights from the Supreme Court Institute’s recent Term Preview! Professors Aderson François and @stevevladeck.bsky.social reflect on the event’s value for students and the cases they were most eager to discuss with students.
Reposted by Joseph Mead
BREAKING: Illinois has filed suit to block Trump's deployment of the military to Chicago.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
October 6, 2025 at 2:01 PM
BREAKING: Illinois has filed suit to block Trump's deployment of the military to Chicago.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Reposted by Joseph Mead
A depressing read, but useful to get the collective wisdom of Republican & Democratic lawyers on threats to the rule of law. Particularly sad to see the devastation of DOJ's reputation.
'Bow to the Emperor’:We Asked 50 Legal Experts About the Trump Presidency www.nytimes.com/2025/10/06/m...
'Bow to the Emperor’:We Asked 50 Legal Experts About the Trump Presidency www.nytimes.com/2025/10/06/m...
‘Bow to the Emperor’:We Asked 50 Legal Experts About the Trump Presidency
www.nytimes.com
October 6, 2025 at 12:50 PM
A depressing read, but useful to get the collective wisdom of Republican & Democratic lawyers on threats to the rule of law. Particularly sad to see the devastation of DOJ's reputation.
'Bow to the Emperor’:We Asked 50 Legal Experts About the Trump Presidency www.nytimes.com/2025/10/06/m...
'Bow to the Emperor’:We Asked 50 Legal Experts About the Trump Presidency www.nytimes.com/2025/10/06/m...
Reposted by Joseph Mead
“No self-respecting university could ever accept something like this,” said Lee Bollinger, a First Amendment scholar and former Columbia University president. “Trying to protect conservative ideas against being ‘belittled’ — that’s about as violative of the First Amendment interests as you can get.”
Colleges weigh whether to sign onto Trump plan or forgo federal benefits
A new proposal from the Trump administration would give colleges funding advantages if they adopt conservative priorities.
www.washingtonpost.com
October 3, 2025 at 11:36 AM
“No self-respecting university could ever accept something like this,” said Lee Bollinger, a First Amendment scholar and former Columbia University president. “Trying to protect conservative ideas against being ‘belittled’ — that’s about as violative of the First Amendment interests as you can get.”