Richard Primus
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Richard Primus
@richardprimus.bsky.social
Professor, University of Michigan Law School. Senior Editorial Adviser, Journal of American Constitutional History. I study the constitutional past and try to do my part for the rule of law in the present.
Pinned
“No doubt having a rule of law isn’t enough for a society to qualify as a good one. But those inclined to denigrate it should contemplate societies without it.”

— Don Herzog, 1989
Reposted by Richard Primus
No one should be opposed to this.
February 5, 2026 at 4:58 PM
All the President’s Men, indeed.
February 5, 2026 at 12:44 PM
So the President is suing the IRS, which is part of the branch over which he presides, for ten billion dollars.

Will the IRS settle with him? For how much?

Why not just direct the Treasury Secretary to write DJT a check for $10B? Or $20B?

(1/2)
January 30, 2026 at 9:57 PM
I have the terrible feeling that this is not satire.

Unthinkable in any previous administration.

Nakedly rapacious.
President Trump has filed a lawsuit against the IRS, in which he demands that the IRS, which he as president controls, pay him $10 billion.

storage.courtlistener.com/recap/gov.us...
January 30, 2026 at 1:58 AM
Listen to what she says. Not just about the wars.

If at any time in the last 100 years a Democratic administration had a First Lady who, in a Central/Eastern European accent, said on national TV that Americans should not oppose/disagree with the President...
Melania Trump: "I think he's unifier. He's unifying not just here in the United States but around the world. He has stopped many wars."
January 29, 2026 at 1:11 AM
Judge Patrick Schiltz--a GW Bush appointee, a Scalia clerk in his youth, and a solid conservative--is telling use that federal "law enforcement" is behaving full-out lawlessly. Which is true.
January 29, 2026 at 12:54 AM
They're *trying* to provoke an Olympic boycott?

www.nytimes.com/2026/01/27/w...
Outcry in Italy as U.S. Says ICE Agents Will Join Olympics Delegation
www.nytimes.com
January 27, 2026 at 10:39 PM
Not the most important thing happening right now. But perhaps of interest for the constitutional-interpretation crowd.

Thanks to a great group of students.
"The Law is Not Yet Finished."

A lecture by Professor @richardprimus.bsky.social

Filmed on the last day of Law 648: Constitutional Interpretation.

youtu.be/x06367MQEa4
The Law is Not Yet Finished by Professor Richard Primus
YouTube video by Michigan Law
youtu.be
January 27, 2026 at 9:44 PM
Reposted by Richard Primus
“A ‘universal constitutional remedies act’…would allow victims to bring damages claims for past wrongs against federal officers.”

Read how states can protect residents against violations of their constitutional rights, amid rising tensions & deadly encounters between demonstrators and ICE agents.
California can use these three words in the Constitution to push back against Trump
OPINION: The California legislature has a powerful potential tool to push back against the excesses of the Trump administration. They just need to pass this law.
protdem.org
January 27, 2026 at 9:08 PM
In a victory for law, and for creative and historically aware lawyering, a federal court in Virginia has ruled that various voter disqualification rules there are invalid under the 1870 act readmitting VA to the Union.

Kudos to @protectdemocracy.org.

protectdemocracy.org/wp-content/u...
protectdemocracy.org
January 26, 2026 at 2:31 PM
Reposted by Richard Primus
The Trump administration's immediate rush to vilify ICE's victims and fully exculpate the federal officer perpetrators, regardless of contrary irrefutable video evidence, bespeaks a NO-bad-apples mentality. Or, more directly, ICE brutality is never an aberration. It's the policy. 3/ End of 🧵
January 25, 2026 at 9:04 PM
The Substack One First by @stevevladeck.bsky.social is generally worth reading, but I particularly recommend reading his most recent post, which is about extraordinary (and bad) behavior by DOJ in Minneapolis in the last couple of days.

substack.com/home/post/p-...
205. Chief Judge Schiltz and the Department of Justice
Every federal judge (and justice) should read the two letters from Chief Judge Patrick Schiltz in the church protest case—and what they tell us about the Department of Justice's litigation behavior.
substack.com
January 25, 2026 at 6:24 PM
Why are federal officers murdering citizens, and why is the government lying shamelessly to protect them?

Because we elected a president with a known propensity to behave lawlessly, support violence, and lie and lie and lie.

It's not complicated.
January 25, 2026 at 1:43 AM
Now this is hard-headed journalism, really meeting the moment. Bravo, CBS and ‪@60minutes.bsky.social‬!
This Sunday, Jan. 25, 60 Minutes presents “A Night at the Movies,” a special edition featuring profiles from our archives on:
• Timothée Chalamet
• Jamie Lee Curtis
• Kate Winslet
January 25, 2026 at 12:40 AM
Reposted by Richard Primus
Worse than Kent State, really than any episode I can think of probably dating back to Reconstruc & earlier b/c

1. continuing, not 1 off.
2. organized, not individual ofcrs losing it
3. literally at hand of federal government, which is
4. immediately lying & circling the wagons to prevent inves.
January 24, 2026 at 10:07 PM
I’ve said it before, and I’ll say it again.

After Trump is gone, one of things I’m going to remember is the cowardice of the people who knew better but went along.
January 24, 2026 at 10:12 PM
During my morning workout, I watched a cop show made in a previous decade. At the end of the episode, the captain tells the squad that the remaining investigation is being turned over to DOJ. In the story, that signifies satisfactory resolution: all will be well.

I winced a little.
January 23, 2026 at 2:58 PM
As I read the Greenland news, I'm reminded of the last paragraph of Lincoln's first inaugural address. Mutatis mutandis.

"We are not enemies, but friends. We must not be enemies. Though passion may have strained it must not break our bonds of affection....

(1)
January 22, 2026 at 4:06 PM
Who knows what it is that moves any one of us, on any given day, to decide that today is the day when, in our digital reality, the shelves must be decluttered of more than two decades’ worth of reprints?
January 22, 2026 at 3:39 PM
I'm not saying I know that Canadian PM Carney's speech today will be as epoch-defining as Churchill's Iron Curtain speech. But every American who cares about this country's place in the world should read it. This is what we've done--and are doing.

www.nytimes.com/interactive/...
TRANSCRIPT: Prime Minister Mark Carney of Canada Rebukes U.S. Primacy at Davos
The Canadian leader warned that middle powers need to stand together or they’ll find themselves “on the menu.”
www.nytimes.com
January 21, 2026 at 3:46 AM
Reposted by Richard Primus
If you’ve called me a shill for factory farms (and even if you haven’t) you might be interested in my new @nytimes.com column about how factory farms get away with disgusting pollution. They shouldn’t be banned. They should be regulated like factories!

www.nytimes.com/2026/01/20/o...
Opinion | This Is Why Our Rivers Are Turning Into Sewers
www.nytimes.com
January 20, 2026 at 1:57 PM
I endorsed the Principles for the Independence of the Legal Profession, explained and linked in this article. If you're in the legal profession, I hope you will, too.

www.nytimes.com/2026/01/19/o...
Opinion | A Simple Proposal for the Legal Profession to Regain Its Dignity
www.nytimes.com
January 20, 2026 at 2:59 PM
If only this weren’t so dangerous and destructive, we could focus on how embarrassing it is.
mad king moment

from the PBS Newshour correspondent
January 20, 2026 at 2:12 AM
I just saw DJT's Saturday Truth Social post saying that he was going to forbid the broadcast of any college football game other than Army-Navy while the Army-Navy game is going on.

Why can anyone say "presumption of regularity" with a straight face? He just announces unconstitutional intentions.
January 19, 2026 at 10:10 PM