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kylecbarry.bsky.social
Kyle Barry
@kylecbarry.bsky.social
2.3K followers 1.3K following 570 posts
Director, State Law Research Initiative (SLRI) http://state-law-research.org; Formerly @theappeal.bsky.social, NAACP LDF, @afjustice.bsky.social. I write about state courts & dismantling mass incarceration. https://open.substack.com/pub/slri
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kylecbarry.bsky.social
Kavanaugh p.1: the court's role is strictly limited to the specific statutory question presented.

Kavanaugh p.6: let's wink-nod our way through this since Trump obviously just "checked the wrong statutory box" and we can help him find the right one www.supremecourt.gov/opinions/25p...
Acting pursuant to his statutory authority to “regulate . . . importation” under the 1977 International Emergency Economic Powers Act, or IEEPA, the President has imposed tariffs on imports of foreign goods from various countries. The tariffs have generated vigorous policy debates. Those policy debates are not for the Federal Judiciary to resolve. Rather, the Judiciary’s more limited role is to neutrally interpret and apply the law. The sole legal question here is whether, under IEEPA, tariffs are a means to “regulate . . . importation.” Statutory text, history, and precedent demonstrate that the answer is clearly yes: Like quotas and embargoes, tariffs are a traditional and common tool to regulate importation. In essence, the Court today concludes that the President checked the wrong statutory box by relying on IEEPA rather than another statute to impose these tariffs.
February 20, 2026 at 5:46 PM
Reposted by Kyle Barry
scottjshapiro.bsky.social
BREAKING: DOJ to investigate Supreme Court for mortgage fraud.
February 20, 2026 at 3:33 PM
Reposted by Kyle Barry
kyledcheney.bsky.social
JUST IN: Judge Provinzino in Minnesota has held a Justice Department attorney in civil contempt for violations of her order requiring the return of a released ICE detainee’s ID documents. He must pay $500 a day until the documents are returned.
February 18, 2026 at 11:41 PM
Reposted by Kyle Barry
kylecbarry.bsky.social
Yes, this ruling seems very obvious and straightforward, but don't forget that the Colorado Supreme Court (w/ one pending vacancy) is full of former prosecutors with an awful track record slri.substack.com/p/issue-33-t...
bsky.app/profile/kyle...
The Colorado Supreme Court Is Full Of Prosecutors And It Shows The Colorado Supreme Court of late has been a menace to personal liberty and equality, granting more power to police and prosecutors while upholding needlessly cruel criminal punishment. That may be surprising. This isn’t deep red Alabama or Oklahoma. Colorado is a blue state with a seven-member supreme court all appointed by Democratic governors. But mass incarceration has never broken neatly along party lines, and often the better tell is what judges did before they took the bench—the professional experiences and perspectives they acquired as lawyers that they now bring to the cases before them as judges. And in Colorado, five justices are former prosecutors, while all seven are either former prosecutors, corporate lawyers, or both. None is a former public defender.
February 17, 2026 at 7:40 PM
Reposted by Kyle Barry
rparloff.bsky.social
Fulton Co elections expert: “In all 5 areas identified by ... the [search warrant] affidavit, there are a multitude of false or misleading statements or omissions. ... Once ... corrected, the affidavit loses any basis in reality.”
storage.courtlistener.com/recap/gov.us...
February 18, 2026 at 1:52 AM
Reposted by Kyle Barry
jamellebouie.net
i'm watching spike lee's remarkable documentary FOUR LITTLE GIRLS and as much as i want to focus on the film i can't help but think about the people, with real power and influence, who want to take this country back to before birmingham
February 18, 2026 at 2:12 AM
kylecbarry.bsky.social
A Kavanaugh hold bsky.app/profile/mjsd...
mjsdc.bsky.social Mark Joseph Stern @mjsdc.bsky.social · 2d
The horror stories rolling in from Minnesota are just the tip of the iceberg. This 20-year-old, who's lawfully present in the country, was arrested for being Latino, then jailed in a filthy cell where he couldn't even sit down. 18 days of illegal detention. democracyforward.org/wp-content/u...
On January 10, 2026, while driving back to work after getting lunch with his father and cousin, a car quickly passed O., sped up, then stopped in front of him. (Id. ¶ 3.) A few men in civilian clothes stepped out of the car and asked for his identification. (Id.) The men threatened O.—if he did not get out of the car, they would force him out. (Id.) O. exited the car and was told he was under arrest. (Id.) The men handcuffed him and did not allow him to bring his phone. (Id.) O. felt like he was being kidnapped. (Id.) The men detained O., his father, and his cousin, taking them all to Whipple. (Id. ¶ 4.) At Whipple, there was “food scattered on the floor, the floor was sticky with mud, and everything stuck to your shoes.” (Id. ¶ 5.) The space was so cramped that sometimes there was no space to sit on the floor. (Id.)
February 17, 2026 at 10:04 PM
kylecbarry.bsky.social
Yes, this ruling seems very obvious and straightforward, but don't forget that the Colorado Supreme Court (w/ one pending vacancy) is full of former prosecutors with an awful track record slri.substack.com/p/issue-33-t...
bsky.app/profile/kyle...
The Colorado Supreme Court Is Full Of Prosecutors And It Shows The Colorado Supreme Court of late has been a menace to personal liberty and equality, granting more power to police and prosecutors while upholding needlessly cruel criminal punishment. That may be surprising. This isn’t deep red Alabama or Oklahoma. Colorado is a blue state with a seven-member supreme court all appointed by Democratic governors. But mass incarceration has never broken neatly along party lines, and often the better tell is what judges did before they took the bench—the professional experiences and perspectives they acquired as lawyers that they now bring to the cases before them as judges. And in Colorado, five justices are former prosecutors, while all seven are either former prosecutors, corporate lawyers, or both. None is a former public defender.
February 17, 2026 at 7:40 PM
Reposted by Kyle Barry
kylecbarry.bsky.social
ICYMI: Ruling that, yes, state constitutional rights actually count, a trial court judge on Fri found that forcing incarcerated people to work or else suffer solitary confinement violates CO's ban on slavery and involuntary servitude--with no "punishment" exception
towardsjustice.org/wp-content/u...
V. ORDER 177. WHEREFORE, the Court finds and Orders as follows: The Court grants declaratory relief pursuant to C.R.C.P. 57 and Colorado law. The Court enters a declaratory judgment that Defendants are in violation of the prohibition against involuntary servitude under Section 26, Article II, of the Colorado Constitution. The Court further declares as follows: 1. Plaintiff and the Class have a constitutional right to be free from slavery and involuntary servitude without exception, pursuant to Section 26, Article II. 2. Section 26, Article II prohibits slavery and involuntary servitude in all circumstances, including within Colorado prisons and as applied to those convicted of crimes. 3. CDOC implements policies which as applied compel and coerce work from Plaintiff and the Class, constituting involuntary servitude in violation of Section 26, Article II. 4. CDOC’s unconstitutional coercive policies include: the threat and use of segregation and isolation, including through Removal from Population, Restrictive Housing, Housing Restriction Sanction, Restricted Privileges, and any other sanction that results in isolation in a cell for more than twenty-two hours a day for more than two days (three if over a weekend) for failure to work.
February 17, 2026 at 7:16 PM
kylecbarry.bsky.social
ICYMI: Ruling that, yes, state constitutional rights actually count, a trial court judge on Fri found that forcing incarcerated people to work or else suffer solitary confinement violates CO's ban on slavery and involuntary servitude--with no "punishment" exception
towardsjustice.org/wp-content/u...
V. ORDER 177. WHEREFORE, the Court finds and Orders as follows: The Court grants declaratory relief pursuant to C.R.C.P. 57 and Colorado law. The Court enters a declaratory judgment that Defendants are in violation of the prohibition against involuntary servitude under Section 26, Article II, of the Colorado Constitution. The Court further declares as follows: 1. Plaintiff and the Class have a constitutional right to be free from slavery and involuntary servitude without exception, pursuant to Section 26, Article II. 2. Section 26, Article II prohibits slavery and involuntary servitude in all circumstances, including within Colorado prisons and as applied to those convicted of crimes. 3. CDOC implements policies which as applied compel and coerce work from Plaintiff and the Class, constituting involuntary servitude in violation of Section 26, Article II. 4. CDOC’s unconstitutional coercive policies include: the threat and use of segregation and isolation, including through Removal from Population, Restrictive Housing, Housing Restriction Sanction, Restricted Privileges, and any other sanction that results in isolation in a cell for more than twenty-two hours a day for more than two days (three if over a weekend) for failure to work.
February 17, 2026 at 7:16 PM
Reposted by Kyle Barry
maddow.bsky.social
"The owners of a Dallas County warehouse that ICE had planned to use as a mega detention center said Monday it will not sell or lease the property to the federal government.

“God answered our prayers,” the Hutchins Mayor said after learning of the decision...

www.dallasnews.com/news/immigra...
Warehouse owner won’t sell Dallas County property to ICE for migrant detention center
The owners of a Dallas County warehouse that Immigration and Customs Enforcement had planned to use as a mega detention center said Monday it will not sell or...
www.dallasnews.com
February 16, 2026 at 8:45 PM
Reposted by Kyle Barry
sjjphd.bsky.social
Someone has sure already made this observation but the fact they can convert all those empty warehouses into prison camps means they could have converted them into housing, community centers, job training centers or, hell, libraries or schools all along. It’s always a matter of will not resources.
February 15, 2026 at 5:30 PM
Reposted by Kyle Barry
chrismurphyct.bsky.social
This is what ICE does every day. Hunt little kids who are here legally. They get sent to a place called the “baby jail” in Texas. Very little of it ends up on video like this. But it’s routine. And disgusting.
February 15, 2026 at 3:25 PM
Reposted by Kyle Barry
sifill.bsky.social
They’ll say ANYTHING.
kylec.bsky.social Kyle Clark @kylec.bsky.social · 5d
The acting director of ICE told Congress, under oath, that local law enforcement in Colorado leaked raid plans, allowing gang members to escape.

After 9NEWS questioned ICE's claim and its timeline, ICE deleted the claim from its social media platforms.
February 15, 2026 at 5:05 PM
Reposted by Kyle Barry
kylegriffin1.bsky.social
The Virginia Supreme Court has ruled that the state can put a redistricting plan on the ballot this spring that could add as many as four more Democratic seats in Congress.

The referendum will take place on April 21.
February 14, 2026 at 6:56 PM
Reposted by Kyle Barry
kevinmkruse.bsky.social
Proposing marriage to an Olympic competitor during the Games is self-centered bullshit
Norman Rockwell, Freedom of Speech
February 15, 2026 at 12:59 AM
Reposted by Kyle Barry
peterbakernyt.bsky.social
White House stands by State Department nominee who complains that "white Americans are increasingly second-class citizens," warns of "white erasure" and says "the Jews love to see themselves as oppressed." @camcgrady.bsky.social www.nytimes.com/2026/02/13/u...
Trump Nominates an Apostle of ‘White Erasure’ for the State Department
www.nytimes.com
February 14, 2026 at 4:13 PM
Reposted by Kyle Barry
atrupar.com
The default assumption should be that they’re lying
DHS: Our officer was ambushed and beaten with snow shovels and broom handles. This was an attempted murder of federal law enforcement. ICE says federal agents appear to have lied about confrontation that led to shooting Agents had initially said that two men — Alfredo Aljorna and Julio Sosa Celis – assaulted them with a broom and a shovel before one of them shot Sosa Celis. But that account was quickly called into question, and prosecutors now say “newly discovered evidence” contradicts the officers’ story.
February 13, 2026 at 10:33 PM
Reposted by Kyle Barry
mikehixenbaugh.com
On Thanksgiving, the immigrant children held at the Dilley detention center gathered in the gym for what they thought was a holiday feast.

The kids salivated over a spread of turkey, sandwiches, pastries and pies, a family told me.

But the food wasn’t for detainees — it was for the staff.
On Nov. 16, a mental health counselor recorded in Kamilla’s medical records that her mother reported the girl had lost her appetite after being “served food that contained worms.” A week later, the couple said, children were told to gather in the gym for what they believed would be a Thanksgiving celebration. Excitement spread as families saw tables set with turkey, sandwiches, pastries and pies, they said. The children waited expectantly. But when a parent asked when the celebration would begin, Oksana said, staff told them the holiday meal was for employees, not detainees. The children, she said, watched despondently as the feast was packed away.
February 13, 2026 at 7:41 PM
Reposted by Kyle Barry
taniel.bsky.social
NEW: Arkansas bars public officials who've been appointed by the governor to seek a full term for their position.

The 2 justices appointed by Governor Sanders are using a way around that — they're just running for each other's seats.

I wrote on Arkansas' supreme court races coming up in March:
Conservatives Play Musical Chairs to “Cement” Majority on Arkansas High Court - Bolts
How seat-switching, plus a new state law, is helping gubernatorial appointees reap the benefits of incumbency before they’ve earned it from voters.
boltsmag.org
February 11, 2026 at 4:25 PM
kylecbarry.bsky.social
Ugh this is so depressing. Olson is a raging medieval lunatic. It is no exaggeration to say that he will be seeking to enforce his perceived literal interpretation of the Bible under the guise of judicial decisionmaking at every possible opportunity. bsky.app/profile/sena...
senatepress.bsky.social Senate Press Gallery @senatepress.bsky.social · 14d
By a vote of 50-47, the #Senate confirmed Justin Olson to be a District Judge for the Southern District of Indiana.

Party Line vote with Senators Lee, McConnell and Moran not voting
February 6, 2026 at 1:31 AM
Reposted by Kyle Barry
chrisgeidner.bsky.social
Judge Reyes’s conclusion: “There is an old adage among lawyers. If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither, pound the table. … Having neither and bringing the adage into the 21st century, [Noem] pounds X (f/k/a Twitter).”
VIl. CONCLUSION There is an old adage among lawyers. If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither, pound the table. Secretary Noem, the record to-date shows, does not have the facts on her side or at least has ignored them. Does not have the law on her side or at least has ignored it. Having neither and bringing the adage into the 21st century, she pounds X (f/k/a Twitter). Kristi Noem has a First Amendment right to call immigrants killers, leeches, entitlement junkies, and any other inapt name she wants. Secretary Noem, however, is constrained by both our Constitution and the APA to apply faithfully the facts to the law in implementing the TPS program. The record to-date shows she has yet to do that. By accompanying Order, the Court GRANTS Plaintiffs' Renewed Motion for a Stay Under 5 U.S.C. § 705. Ana C. Reyes Date: February 2, 2026 ANA C. REYES United States District Judge
February 3, 2026 at 12:49 AM
Reposted by Kyle Barry
kylecbarry.bsky.social
Big news for state constitutional law at a critical time:

Three members of the 9-seat WA supreme court--a national leader in protecting civil rights--will leave the court this year, including former public defender Barbara Madsen, who retires on April 3. washingtonstatestandard.com/2026/02/02/a...
Another WA Supreme Court justice to retire • Washington State Standard
Washington state Supreme Court Justice Barbara Madsen is retiring, the court announced Monday, adding to significant turnover on the court.
washingtonstatestandard.com
February 3, 2026 at 1:18 AM
kylecbarry.bsky.social
Ur not gonna believe this but DHS shot two people in Portland and then falsely smeared them as gang members apple.news/AeMvL-19yS1S...
But court records obtained by the Guardian reveal a Department of Justice prosecutor later directly contradicted DHS' Tren de Aragua statements in court, telling a judge, "We're not suggesting ... [Niño-Moncada] is a gang member? An FBI affidavit issued following the incident also suggests that in the previous shooting cited by DHS, Zambrano-Contreras was not a suspect, but rather a reported victim of a sexual assault and robbery. Neither Niño-Moncada or Zambrano-Contreras have prior criminal convictions, their lawyers have said.
February 3, 2026 at 1:41 AM
kylecbarry.bsky.social
That concluding graf ... bsky.app/profile/chri...
chrisgeidner.bsky.social Chris Geidner @chrisgeidner.bsky.social · 17d
BREAKING: Judge Ana Reyes, in DC, issues a stay of DHS Sec. Noem’s decision to end Haiti’s temporary protected status (TPS) designation, a decision that was to go into effect on Tuesday and could have ended legal status for up to 350,000 people overnight. storage.courtlistener.com/recap/gov.us...
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FRITZ EMMANUEL LESLY MIOT, et al., Plaintiffs, Case No. 25-cv-02471 (ACR) V. DONALD J. TRUMP, et al., Defendants. MEMORANDUM OPINION On December 2, 1783, then-Commander-in-Chief George Washington penned: "America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions." More than two centuries later, Congress reaffirmed President Washington's vision by establishing the Temporary Protected Status (TPS) program. See 8 U.S.C. § 1254a (TPS statute). It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually. See Part VI. Department of Homeland Security (DHS) Secretary Kristi Noem has a different take.? eSec Noem I just met with the President. I am recommending a full travel ban on every damn country that's been flooding our nation with killers, leeches, and entitlement junkies. Our forefathers built this nation on blood, sweat, and the unyielding love of freedom-not for foreign invaders to slaughter our heroes, suck dry our hard-earned tax dollars, or snatch the benefits owed to AMERICANS. WE DON'T WANT THEM. NOT ONE. 6:52 PM - Dec 1, 2025 - 13.2M Views ' Letter from George Washington to Joshua Holmes (December 2, 1783). 2 Dkt. 90 (Second Am. Compl.) 1110 n.91. But see supra n.l. So says the official responsible for overseeing the TPS program. And one of those (her word) "damn" countries is Haiti. Relevant here, three days before making the above post, Secretary Noem announced she would terminate Haiti's TPS designation as of February 3, 2026. See 90 Fed. Reg. 54733 (Nov. 28, 2025) (Termination). Plaintiffs are five Haitian TPS holders. They are not, it emerges, "killers, leeches, or entitlement junkies." They are instead: Fritz Emmanuel Lesly Miot, a neuroscientist researching Alzheimer's disease, Dkt. 90 (Second Am. Compl. (SAC)) 1 1; Rudolph Civil, a software engineer at a national bank, id. 1 2; Marlene Gail Noble, a laboratory assistant in a toxicology department, id. | 3; Marica Merline Laguerre, a college economics major, id. 9| 4; and Vilbrun Dorsainvil, a full-time registered nurse, id. 9|5. They claim that Secretary Noem's decision violates the Administrative Procedure Act (APA), 5 U.S.C. § 706(2), and the Fifth Amendment of the U.S. Constitution. The Government counters that the Court does not have jurisdiction, and, in any case, the Secretary did not violate the law. Plaintiffs seek to stay the Secretary's decision under 5 U.S.C. § 705 pending the outcome of this litigation. See Dkt. 81 (§ 705 Mot.). To decide their motion, the Court considers first whether it has jurisdiction. It does. See Part II. It then considers: whether Plaintiffs have a substantial likelihood of success on the merits; whether they will be irreparably harmed absent a stay; and whether a merged balance of the equities and public interest analysis favors a stay. See Part III. Each element favors Plaintiffs. See Parts IV, V, and VI. Finally, the balance of equities and public interest favor a stay. The Government does not cite any reason termination must occur post haste. Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight. She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. She complains of strains to our healthcare system. Her answer? Turn the insured into the uninsured. This approach is many things— in the public interest is not one of them. For the reasons below, the Court GRANTS Plaintiffs' Renewed Motion for a Stay Under 5 U.S.C. § 705, Dkt. 81.
February 3, 2026 at 1:26 AM