Mark Joseph Stern
@mjsdc.bsky.social
Senior writer at Slate covering courts and the law. Co-host of the Amicus podcast. Dad.
This is an extraordinary feat of reporting and I'm really grateful you did it!
February 12, 2026 at 10:05 PM
This is an extraordinary feat of reporting and I'm really grateful you did it!
Note that Trump-appointed judges Kurt Engelhardt and Robert Summerhays joined Jones' insane opinion in full.
There is, what, a 99 percent chance these judges think the 2020 election was stolen, right?
There is, what, a 99 percent chance these judges think the 2020 election was stolen, right?
February 12, 2026 at 6:21 PM
Note that Trump-appointed judges Kurt Engelhardt and Robert Summerhays joined Jones' insane opinion in full.
There is, what, a 99 percent chance these judges think the 2020 election was stolen, right?
There is, what, a 99 percent chance these judges think the 2020 election was stolen, right?
Ultra-MAGA Judge Edith Jones of the 5th Circuit peddles deranged conspiracy theories about mass voter fraud and "ballot harvesting," declaring that mail voting "is a rich field for fraud" that's frequently exploited by "operatives" attempting to steal elections. www.ca5.uscourts.gov/opinions/pub...
![Following the electoral chaos caused by the COVID pandemic,
Texas modernized its election security laws. S.B. 1 aimed to make “the
conduct of elections . . . uniform and consistent throughout [the]
state[,] . . . reduce the likelihood of fraud in the conduct of elections, protect
the secrecy of the ballot, promote voter access, and ensure that all legally cast
ballots are counted.” Tex. Elec. Code § 1.0015. Because “the potential
and reality of fraud is much greater in the mail-in ballot context than with inperson voting,” S.B. 1 added additional election integrity provisions to
prevent mail ballot fraud. Veasey v. Abbott, 830 F.3d 216, 239 (5th Cir. 2016)
(en banc). Mail ballots are more susceptible to fraud because they render
election workers incapable of knowing what happens to the ballot once it is
mailed out. Due to the inherent vulnerability of mail ballots, “[f]raud is a real
risk that accompanies mail-in voting.” Brnovich v. Democratic Nat’l Comm.,
594 U.S. 647, 686, 141 S. Ct. 2321, 2348 (2021). In particular, “[v]ote buying
schemes are far more difficult to detect when citizens vote by mail.” Id. at
685, 141 S. Ct. at 2347 (quoting Report of the Comm’n on Fed. Election
Reform, Building Confidence in U.S. Elections 46 (Sept. 2005)).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6h7b2i6ttw3l4t7pvbvxdith/bafkreic5uwmtwbnt53dr6x5i7gch7x4fan6cbt6ywnyafhtl3the7qpjd4@jpeg)
![One particularly common form of “mail ballot fraud” is known as
“vote harvesting.” Vote harvesting describes a process whereby paid
election operatives “generate applications for mail ballots in . . . targeted
precincts.” Operatives often go door-to-door, talk to voters, and get them to
sign up to vote by mail. More nefariously, vote harvesting can also be
accomplished by paid operatives forging applications for voters without the
voters’ knowledge or consent. Later, once the voters receive the mail ballots
that were requested by canvassing or by forgery, the same partisan operatives
return to collect the voters’ completed mail ballots. As part of the ballot
collection process, the partisan operatives ensure that the ballots were cast
for a particular candidate.
Unsurprisingly, mail-in voting is a rich field for fraud. Between 2004
and 2021, 72% of all election prosecutions undertaken by the Texas Attorney
General involved mail ballot fraud. “[I]t should go without saying that a State
may take action to prevent election fraud.” Id. at 686, 141 S. Ct. at 2348.
Faced with evidence of mail ballot fraud, Texas enacted S.B. 1, which
contained multiple provisions to address mail ballot fraud.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6h7b2i6ttw3l4t7pvbvxdith/bafkreiezavaobhc6uyymcnwkbl45gvxs42id3yecrb2myvunggrswfaxki@jpeg)
February 12, 2026 at 6:18 PM
Ultra-MAGA Judge Edith Jones of the 5th Circuit peddles deranged conspiracy theories about mass voter fraud and "ballot harvesting," declaring that mail voting "is a rich field for fraud" that's frequently exploited by "operatives" attempting to steal elections. www.ca5.uscourts.gov/opinions/pub...
Good example of why I respectfully disagree with those who think bodycams are useless or actively harmful. In the last 13 months we have repeatedly seen bodycam footage refute ICE/CBP officers' flagrant lies, sometimes even exonerating protesters falsely accused of assault. slate.com/news-and-pol...
February 12, 2026 at 5:29 PM
Good example of why I respectfully disagree with those who think bodycams are useless or actively harmful. In the last 13 months we have repeatedly seen bodycam footage refute ICE/CBP officers' flagrant lies, sometimes even exonerating protesters falsely accused of assault. slate.com/news-and-pol...
Oldham has been locked in a battle with his 5th Circuit colleague James Ho as both men try to prove their total fealty to Trump while painting the other as insufficiently loyal to the MAGA cause. But Ho will not "look the part" to Trump. Oldham is straight from central casting—that's a big leg up.
February 12, 2026 at 4:23 PM
Oldham has been locked in a battle with his 5th Circuit colleague James Ho as both men try to prove their total fealty to Trump while painting the other as insufficiently loyal to the MAGA cause. But Ho will not "look the part" to Trump. Oldham is straight from central casting—that's a big leg up.
Andy Oldham is NOT a criminal as far as I know, just a far-right MAGA bomb-thrower in robes. That's what Trump will be looking for this time—he views Gorsuch, Kavanaugh, and Barrett as disappointments. Oldham will also "look the part" for Trump, which we know is a key factor in his selections here.
February 12, 2026 at 4:20 PM
Andy Oldham is NOT a criminal as far as I know, just a far-right MAGA bomb-thrower in robes. That's what Trump will be looking for this time—he views Gorsuch, Kavanaugh, and Barrett as disappointments. Oldham will also "look the part" for Trump, which we know is a key factor in his selections here.
I think there is a chance the administration won't want to subject Bove to further scrutiny given that he is still a potential subject of Judge Boasberg's contempt proceedings (related to illegal deportations) and also engaged in scandalously unethical behavior when killing the Eric Adams charges.
February 12, 2026 at 4:19 PM
I think there is a chance the administration won't want to subject Bove to further scrutiny given that he is still a potential subject of Judge Boasberg's contempt proceedings (related to illegal deportations) and also engaged in scandalously unethical behavior when killing the Eric Adams charges.
Pure speculation, but to my mind the top two contenders right now are Emil Bove (3rd Circuit) and Andy Oldham (5th Circuit).
Bove is a corrupt partisan who flouted court orders to further Trump's agenda before joining the bench. Oldham is hardcore MAGA extremist who's been auditioning for years.
Bove is a corrupt partisan who flouted court orders to further Trump's agenda before joining the bench. Oldham is hardcore MAGA extremist who's been auditioning for years.
February 12, 2026 at 4:14 PM
Pure speculation, but to my mind the top two contenders right now are Emil Bove (3rd Circuit) and Andy Oldham (5th Circuit).
Bove is a corrupt partisan who flouted court orders to further Trump's agenda before joining the bench. Oldham is hardcore MAGA extremist who's been auditioning for years.
Bove is a corrupt partisan who flouted court orders to further Trump's agenda before joining the bench. Oldham is hardcore MAGA extremist who's been auditioning for years.
Reposted by Mark Joseph Stern
BREAKING
Judge Boasberg ORDERS the Trump admin to facilitate the return of the more than 100 men spirited out of the country last year without notice or a hearing.
Plaintiffs may also submit habeas petitions from abroad, he says.
Doc buff.ly/rccakD7
Judge Boasberg ORDERS the Trump admin to facilitate the return of the more than 100 men spirited out of the country last year without notice or a hearing.
Plaintiffs may also submit habeas petitions from abroad, he says.
Doc buff.ly/rccakD7
February 12, 2026 at 4:04 PM
BREAKING
Judge Boasberg ORDERS the Trump admin to facilitate the return of the more than 100 men spirited out of the country last year without notice or a hearing.
Plaintiffs may also submit habeas petitions from abroad, he says.
Doc buff.ly/rccakD7
Judge Boasberg ORDERS the Trump admin to facilitate the return of the more than 100 men spirited out of the country last year without notice or a hearing.
Plaintiffs may also submit habeas petitions from abroad, he says.
Doc buff.ly/rccakD7
Alito is also the most partisan justice on the bench—yes, more so than Thomas. He sees polls sagging for Republicans and will be worried about Democrats taking the Senate in 2026. He always does what's best for the Republican Party. He knows the safest choice is to step down before the midterms.
February 12, 2026 at 4:02 PM
Alito is also the most partisan justice on the bench—yes, more so than Thomas. He sees polls sagging for Republicans and will be worried about Democrats taking the Senate in 2026. He always does what's best for the Republican Party. He knows the safest choice is to step down before the midterms.
Plus, Alito recently celebrated the 20th anniversary of his confirmation. A bunch of conservative lawyers and pundits used the occasion of praise him lavishly. There was an undercurrent of: "Your work here is done, you can safely pass the torch now." I'm sure some are in contact with the justice...
February 12, 2026 at 3:59 PM
Plus, Alito recently celebrated the 20th anniversary of his confirmation. A bunch of conservative lawyers and pundits used the occasion of praise him lavishly. There was an undercurrent of: "Your work here is done, you can safely pass the torch now." I'm sure some are in contact with the justice...
Two more data points: Mollie Hemingway, MAGA pseudo-journalist, is writing a laudatory book about Alito and I bet he's participating.
And Alito just gave a rare interview to Politico (home of the Dobbs leak!) in which he reflects fondly on highlights of his service: www.politico.com/news/magazin...
And Alito just gave a rare interview to Politico (home of the Dobbs leak!) in which he reflects fondly on highlights of his service: www.politico.com/news/magazin...
‘He Was the Antidote’: Samuel Alito Speaks Out on Antonin Scalia and the Drafting of Dobbs
In an exclusive interview, the Supreme Court justice remembers a friend and conservative icon’s legacy.
www.politico.com
February 12, 2026 at 3:56 PM
Two more data points: Mollie Hemingway, MAGA pseudo-journalist, is writing a laudatory book about Alito and I bet he's participating.
And Alito just gave a rare interview to Politico (home of the Dobbs leak!) in which he reflects fondly on highlights of his service: www.politico.com/news/magazin...
And Alito just gave a rare interview to Politico (home of the Dobbs leak!) in which he reflects fondly on highlights of his service: www.politico.com/news/magazin...
So @elienyc.bsky.social and @strictscrutiny.bsky.social have speculated that Alito may retire soon. I agree. Elie lays out the case here—it'd be odd to release a memoir in October if he's (a) still serving and (b) unable to promote it because he's hearing arguments. www.thenation.com/article/poli...
Is Samuel Alito Preparing to Disrobe?
In this installment of Elie v. US, our justice correspondent explores the week’s big legal news, including a possible Alito retirement. Also, the anti-trans mob’s latest target: tight clothing.
www.thenation.com
February 12, 2026 at 3:51 PM
So @elienyc.bsky.social and @strictscrutiny.bsky.social have speculated that Alito may retire soon. I agree. Elie lays out the case here—it'd be odd to release a memoir in October if he's (a) still serving and (b) unable to promote it because he's hearing arguments. www.thenation.com/article/poli...
Reposted by Mark Joseph Stern
This is all due to the incredible resistance of the people of Minnesota.
Their resilience - and their determination - helped enforce the Constitution in a way that political elites in Congress and the courts did not or could not.
Their resilience - and their determination - helped enforce the Constitution in a way that political elites in Congress and the courts did not or could not.
!!! BREAKING: Border czar Tom Homan announces ICE's surge in Minnesota will conclude.
February 12, 2026 at 2:23 PM
This is all due to the incredible resistance of the people of Minnesota.
Their resilience - and their determination - helped enforce the Constitution in a way that political elites in Congress and the courts did not or could not.
Their resilience - and their determination - helped enforce the Constitution in a way that political elites in Congress and the courts did not or could not.
Congressional Republicans are going to deprive D.C. of $700 million in revenue and repeal a local program projected to reduce child poverty by 20 percent, solely to spite District residents and make us suffer. They’re also throwing our tax filing into utter chaos. This is a disaster.
February 11, 2026 at 11:07 PM
Congressional Republicans are going to deprive D.C. of $700 million in revenue and repeal a local program projected to reduce child poverty by 20 percent, solely to spite District residents and make us suffer. They’re also throwing our tax filing into utter chaos. This is a disaster.
I'm grateful that Kyle surfaced all these extraordinary opinions slamming the Trump administration for the illegal detention of immigrants. This one leaps out in part because the judge is warning us that abuses being inflicted on immigrants now are a preview of what could be unleashed on citizens.
February 10, 2026 at 4:30 PM
I'm grateful that Kyle surfaced all these extraordinary opinions slamming the Trump administration for the illegal detention of immigrants. This one leaps out in part because the judge is warning us that abuses being inflicted on immigrants now are a preview of what could be unleashed on citizens.
Reposted by Mark Joseph Stern
"A threat to anyone’s constitutional rights is a threat to us all. Today, immigrants are being detained without due process. Tomorrow, under the Government’s [view], American citizens could be subject to the same treatment. This Court will not allow such an unraveling of the Constitution."
BONUS RULING: Judge Thomas Johnston, a George W. Bush appoiintee in West Virginia, used a recent ruling to warn of the dangers of defying due process for immigrants because of what it could also mean for Americans. It's worth a read.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
February 10, 2026 at 1:54 PM
"A threat to anyone’s constitutional rights is a threat to us all. Today, immigrants are being detained without due process. Tomorrow, under the Government’s [view], American citizens could be subject to the same treatment. This Court will not allow such an unraveling of the Constitution."
Reposted by Mark Joseph Stern
“Collection of Handwritten Letters from Children in Detention Center” sounds like an exhibit in the Holocaust Museum.
1/ ProPublica collected handwritten letters in mid-January from children held at the Dilley Immigration Processing Center, the same facility where 5-year-old Liam Conejo Ramos was taken.
Hundreds of kids are still detained.
We’ll let the children’s words speak for themselves. 🧵
Hundreds of kids are still detained.
We’ll let the children’s words speak for themselves. 🧵
February 9, 2026 at 6:31 PM
“Collection of Handwritten Letters from Children in Detention Center” sounds like an exhibit in the Holocaust Museum.
This is a super smart take on Bruen. SCOTUS has essentially declared that because a state declined to enact a particular gun regulation in the past, it’s constitutionally barred from enacting that regulation today. Impossible to square with the 10th Amendment.
The clash is clear--Bruen says every law today must find support in past positive law. It erases past powers simply because they went unexercised, infringing on the 10th Am's express reservation of those same powers.
February 9, 2026 at 6:33 PM
This is a super smart take on Bruen. SCOTUS has essentially declared that because a state declined to enact a particular gun regulation in the past, it’s constitutionally barred from enacting that regulation today. Impossible to square with the 10th Amendment.
Reposted by Mark Joseph Stern
Throughout this clip, Rep. Steil says over and over again that masking wouldn't be necessary if local governments cooperated with ICE. But that's nonsense. ICE is masking even in red states, even in places where there are 287(g) agreements, and even hiding their faces in photos taken at prisons!
REP. STEIL: Some Dems demands put at risk the safety of members of law enforcement
CNBC: You mean like taking off their masks and having a badge that shows who they are?
STEIL: Well, they're known to their supervisors
CNBC: No other law enforcement officials in the US are allowed to wear masks
CNBC: You mean like taking off their masks and having a badge that shows who they are?
STEIL: Well, they're known to their supervisors
CNBC: No other law enforcement officials in the US are allowed to wear masks
February 9, 2026 at 5:35 PM
Throughout this clip, Rep. Steil says over and over again that masking wouldn't be necessary if local governments cooperated with ICE. But that's nonsense. ICE is masking even in red states, even in places where there are 287(g) agreements, and even hiding their faces in photos taken at prisons!
I'm trying to decide whether I agree
February 9, 2026 at 4:44 PM
I'm trying to decide whether I agree
Very interesting: Washington Supreme Court Justice Raquel Montoya-Lewis thanked her law clerk—by name, in a footnote on the first page of the decision—"for her contributions to this
opinion." It's very unusual for a judge to openly credit their clerk like this. www.courts.wa.gov/opinions/pdf...
opinion." It's very unusual for a judge to openly credit their clerk like this. www.courts.wa.gov/opinions/pdf...
February 9, 2026 at 4:37 PM
Very interesting: Washington Supreme Court Justice Raquel Montoya-Lewis thanked her law clerk—by name, in a footnote on the first page of the decision—"for her contributions to this
opinion." It's very unusual for a judge to openly credit their clerk like this. www.courts.wa.gov/opinions/pdf...
opinion." It's very unusual for a judge to openly credit their clerk like this. www.courts.wa.gov/opinions/pdf...
Reposted by Mark Joseph Stern
WaPo editorial board when TX imposes a legislative gerrymander: don't freak out guys! Not a threat to democracy!
When VA responds to TX with *referendum* on their own gerrymander: brass-knuckled hypocrisy, anti-democratic gamesmanship.
There is hypocrisy here, all right, but not from VA.
When VA responds to TX with *referendum* on their own gerrymander: brass-knuckled hypocrisy, anti-democratic gamesmanship.
There is hypocrisy here, all right, but not from VA.
February 8, 2026 at 12:08 AM
WaPo editorial board when TX imposes a legislative gerrymander: don't freak out guys! Not a threat to democracy!
When VA responds to TX with *referendum* on their own gerrymander: brass-knuckled hypocrisy, anti-democratic gamesmanship.
There is hypocrisy here, all right, but not from VA.
When VA responds to TX with *referendum* on their own gerrymander: brass-knuckled hypocrisy, anti-democratic gamesmanship.
There is hypocrisy here, all right, but not from VA.
Reposted by Mark Joseph Stern
Reposted by Mark Joseph Stern
it's a little funny to see the freakout over the virginia maps when the justification that Texas gave for its new maps - which never went to voters for approval - was "trump won a mandate in 2024 so we need to enshrine that new reality into our maps, sorry Dems, deal with it."
"We simply do not care what you think about that"? This map will literally go to the voters for approval! It cannot take effect unless a majority of Virginians support it. This talking point is so stupid.
February 6, 2026 at 4:36 PM
it's a little funny to see the freakout over the virginia maps when the justification that Texas gave for its new maps - which never went to voters for approval - was "trump won a mandate in 2024 so we need to enshrine that new reality into our maps, sorry Dems, deal with it."