Michael Froomkin
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mfroomkin.bsky.social
Michael Froomkin
@mfroomkin.bsky.social
U.Miami Lawprof. Techie. Teach AI, AdLaw, https://tinyurl.com/concrisis, Jurisprudence & Privacy. EIC of Jotwell.com. Home@ https://law.tm. Survivor of many medical things that should have killed me but didn't. Remains to be seen if I'm stronger.
Sounds like he'd have a slam-dunk court case. And the Pentagon must know this. So assuming there is any rationality here (is there?), the point must be to impose litigation costs and travail on Sen. Kelly?
The Pentagon will cut the military retirement pay of Sen. Mark Kelly for what Defense Secretary Pete Hegseth called the Arizona Democrat’s “seditious” statements on a video telling service members they have the right to refuse to execute illegal orders.

Read more: cnb.cx/495FHLo
January 5, 2026 at 3:46 PM
Reposted by Michael Froomkin
Jotwell Jurisprudence:
Kenneth Himma, What is “Naturalized Jurisprudence”?, JOTWELL (January 4, 2026) (juris.jotwell.com/what-is-natu....
January 5, 2026 at 2:18 PM
Reposted by Michael Froomkin
This is how you do it. No preamble to swear to God you don't like Maduro.
January 3, 2026 at 9:23 PM
Looks like we have the answer to the question as to when the "again" is in MAGA: not 1950 as I had thought, but 1898.
en.wikipedia.org/wiki/Spanish...
Spanish–American War - Wikipedia
en.wikipedia.org
January 3, 2026 at 10:20 PM
"La raison du plus fort est toujours la meilleure."
-'Le loup et l’agneau' Fables de La Fontaine

www.theguardian.com/world/2026/j...
Is there any legal justification for the US attack on Venezuela?
International law experts expect Washington to claim self-defence and face little serious pushback
www.theguardian.com
January 3, 2026 at 8:26 PM
Is Maduro a POW under the Geneva Convention?
January 3, 2026 at 8:10 PM
MAGA logic:

1. Destroy US wind, solar, battery industries
2. Undermine EVs, energy conservation
3. Decide we need more oil
4. Invade oil-rich Venezuela

Did I get that right?
January 3, 2026 at 6:34 PM
US illegally invades Venezuela, kidnaps its leader, achieving what Putin could not do in Ukraine. Does that mean we should forget about the #Epstein files now?
January 3, 2026 at 5:13 PM
As someone who takes a lot of FDA-appeoved pills but wishes they could take fewer meds, I found this more than a bit odd.
www.nytimes.com/2026/01/03/b...
‘Chinese Peptides’ Are the Latest Biohacking Trend in the Tech World
www.nytimes.com
January 3, 2026 at 5:00 PM
Imagining push-back to Dem admin firing them all in 3 years: "Look at what happened when we disbanded the Iraqi Army and instituted de-Ba'thification."
New: We got an internal ICE document revealing its $100 million ad plan to bring in 14,000 new hires: deals with "tactical" influencers; ads to gun & military buffs; and geo-targeting phones around NASCAR races and gun shows.

A "wartime recruitment" mode with paramilitary branding: wapo.st/44QrP5j
ICE plans $100 million ‘wartime recruitment’ push targeting gun shows, military fans for hires
An internal ICE document shared among immigration officials details plans to use influencers and geo-targeted ads to rapidly hire thousands of deportation officers.
wapo.st
December 31, 2025 at 7:52 PM
Democratic Congressional candidate Robin Peguero is showing real momentum here in FL-27. www.politicalcortadito.com/2025/12/26/r... He has a great bio too, see www.stu.edu/law/faculty-... (Disclosure: I'm a donor.) And he wrote a legal thriller, and a political murder mystery.
December 31, 2025 at 7:34 PM
Reposted by Michael Froomkin
Sorry... why would there need to be an emergency indoor inauguration on January 20, 2029 with bulletproof glass and protections against civilian monitoring tech?

Oh, that's right. Martial law is coming. I keep forgetting.
Trump on the ballroom: "It's bigger than I told you. It's, you know -- after realizing we're gonna do the inauguration in that building, it's got all bulletproof glass, it's got all drone, they call it drone-free roof. It's dronessss -- won't touch it. It's a big beautiful safe building."
December 30, 2025 at 3:26 AM
So far only in mice. But maybe a certain President could get advanced access to the human trials?
December 30, 2025 at 4:20 PM
Trump's shifting accounts of the Epstein files sounds seriously insane when summarized. Wonder why that is?
Just in case you needed to get caught up on current events:
December 30, 2025 at 4:03 AM
For your holiday reading: Cary Coglianese & David B. Froomkin, Loper Bright's Disingenuity, 174 U. Penn L. Rev. 91 (2025).

pennlawreview.com/2025/12/23/l...
Loper Bright’s Disingenuity - Penn Law Review
Loper Bright prompted a tidal wave of reaction throughout the legal community when the Supreme Court announced it was overruling Chevron, the most frequently cited Court decision in administrative law...
pennlawreview.com
December 29, 2025 at 4:16 AM
Reposted by Michael Froomkin
Here's a brilliant and also moving analysis of the U.S. shift toward authoritarianism...and the importance of individual acts of resistance. www.youtube.com/watch?v=2FeO...
“Life During a Constitutional Crisis” - Professor Bernard Harcourt
YouTube video by University of Miami School of Law
www.youtube.com
December 28, 2025 at 2:54 AM
Sounds like this would help with grading?
Cool stuff from @washumedicine.bsky.social about how stimulant medications work. Not by activating attention, but rather, reward (dopamine). The stimulant provides MOTIVATION to focus. 🧪 🩺 #MedSky #PsychSky
This is your brain on Ritalin. Got your attention? Stimulant medications like Ritalin (methylphenidate) do, but not in the way you might think. They don't act directly on the brain’s attention systems! Find out what's really happening in @cellpress.bsky.social. doi.org/10.1016/j.ce...
December 25, 2025 at 11:33 PM
One of the most amazing and affirming things I've ever read online. There is hope for us all.
December 25, 2025 at 4:28 PM
Reposted by Michael Froomkin
Today, 1.25 million kids will spend the holiday without their parent because of mass incarceration.
December 25, 2025 at 3:15 PM
Somehow this seems especially telling. Not in a good way.
It's the least important element to this, but I find it fascinating on an aesthetic level too.

Americans are watching a bootleg broadcast that someone in Canada recorded off their TV. And people are copying it to various platforms (however imperfect visually) to get it out as widely as possible.
December 23, 2025 at 12:02 AM
Trump admin continues scorched-earth policy re: spending any money that might conceivably benefit a foreigner, a non-white person, and especially anything when those sets intersect.

Duty to implement laws is now just a pleasant fantasy. See also Epstein files.

www.theguardian.com/us-news/2025...
US justice department halts funding for human-trafficking survivors
DoJ has nearly $90m appropriated by Congress to support victims, but organizations say funding has been cut
www.theguardian.com
December 22, 2025 at 1:23 PM
This. So totally this. Except I'm OK with functional hats.
one part of an American restoration is that police (in general, e.g. ICE) need to be de-militarized: not just in terms of tactics, but also aesthetics. No more playing tactical army man, no pretending you're an "operator." Cops should wear nice little blue uniforms with cute hats
December 21, 2025 at 5:51 PM
NYT published obit of analyst whom Merrill Lynch fired for being right too early about Enron. (He landed on his feet.)

As far as I can tell from Web searching, unsurprisingly only good things happened to the guy who fired him.

www.nytimes.com/2025/12/18/b...
John E. Olson, Analyst Fired for Enron Skepticism, Dies at 83
www.nytimes.com
December 21, 2025 at 5:48 PM
As I predicted, making JAGs into immigration judges increases the independence of immigration judges because JAGs have other jobs to fall back on, not to mention a sense of honor.

www.theguardian.com/us-news/2025...
US army lawyer fired as immigration judge after defying Trump deportation agenda
Christopher Day was fired barely a month into the job after granting asylum to migrants at a high rate
www.theguardian.com
December 21, 2025 at 2:48 AM