Sam J. Merchant
@sammerchant.bsky.social
Law Prof: Con Law, Crim Pro, Sentencing, Habeas at Minnesota Law
Pinned
Excited to announce that my book, REVOLUTION IN REDLINE, is finally out! I compile key docs leading to the Founding, then present the Founding Docs in "redline," visually tracking the drafters' edits to show how the text evolved. (The Founders didn't start from scratch, and they disagreed often.)1/6
Crazy to think how much of this would stop if the Supreme Court would say the obvious: officers can’t recklessly create the danger that preceded excessive force.
They move in days when the issue is trans kids or the President firing people. But they pass on this, which is literally killing people.
They move in days when the issue is trans kids or the President firing people. But they pass on this, which is literally killing people.
January 24, 2026 at 7:11 PM
Crazy to think how much of this would stop if the Supreme Court would say the obvious: officers can’t recklessly create the danger that preceded excessive force.
They move in days when the issue is trans kids or the President firing people. But they pass on this, which is literally killing people.
They move in days when the issue is trans kids or the President firing people. But they pass on this, which is literally killing people.
The only consistent external influence moderating his discretion: big red days in the stock market.
January 21, 2026 at 7:49 PM
The only consistent external influence moderating his discretion: big red days in the stock market.
Reposted by Sam J. Merchant
Unprecedented presidency-ending corruption for anyone from Truman to Obama.
The deal has kick-started the president’s controversial plan to sell up to 50mn barrels of Venezuelan oil, with more sales expected in the ‘coming days and weeks’. ft.trib.al/a2pf6om
January 16, 2026 at 5:00 AM
Unprecedented presidency-ending corruption for anyone from Truman to Obama.
Excited to announce that my book, REVOLUTION IN REDLINE, is finally out! I compile key docs leading to the Founding, then present the Founding Docs in "redline," visually tracking the drafters' edits to show how the text evolved. (The Founders didn't start from scratch, and they disagreed often.)1/6
January 11, 2026 at 8:56 PM
Excited to announce that my book, REVOLUTION IN REDLINE, is finally out! I compile key docs leading to the Founding, then present the Founding Docs in "redline," visually tracking the drafters' edits to show how the text evolved. (The Founders didn't start from scratch, and they disagreed often.)1/6
My summary of the U.S. Sentencing Commission's first round of proposed changes to the Sentencing Guidelines.
sentencing.substack.com/p/sentencing...
sentencing.substack.com/p/sentencing...
Sentencing Matters Summaries: The U.S. Sentencing Commission’s Proposed 2026 Guideline Amendments – Tranche #1
Comments can be submitted to the Commission through February 10, 2026
sentencing.substack.com
January 8, 2026 at 8:48 PM
My summary of the U.S. Sentencing Commission's first round of proposed changes to the Sentencing Guidelines.
sentencing.substack.com/p/sentencing...
sentencing.substack.com/p/sentencing...
Current Court, essentially: “This President’s power here exists in penumbras in Article II.”
(Credit @jedshug.bsky.social )
(Credit @jedshug.bsky.social )
For this week's bonus issue of "One First," I wrote about Monday's #SCOTUS argument in Slaughter, Justice Barrett's concern about having to identify the specific constitutional provision from which the unitary executive theory derives, and the alarming possibility that con law is ... complicated:
Bonus 196: What if Constitutional Law is ... Complicated?
Over and over again during Monday's oral argument in the Slaughter case, the Republican appointees waved their hands at the possibility that big constitutional law questions might have messy answers.
www.stevevladeck.com
December 11, 2025 at 2:40 PM
Current Court, essentially: “This President’s power here exists in penumbras in Article II.”
(Credit @jedshug.bsky.social )
(Credit @jedshug.bsky.social )
Code of Conduct for United States Judges, Canon 5: "A judge should not . . . attend or purchase a ticket for a dinner or other event sponsored by a political organization or candidate... A judge should not engage in any other political activity." (All judges receive training on this.)
Via MS NOW: Emil Bove is in attendance at Trump’s speech in Pennsylvania tonight.
December 10, 2025 at 12:20 AM
Code of Conduct for United States Judges, Canon 5: "A judge should not . . . attend or purchase a ticket for a dinner or other event sponsored by a political organization or candidate... A judge should not engage in any other political activity." (All judges receive training on this.)
Reposted by Sam J. Merchant
New Paper: Presidential Control of the Civil Service.
Conventional wisdom holds that the civil service sits safely beyond the president's reach. Does it? (1) Not nearly as much as legal scholars think. (2) That's a problem for the execution of the law. 1/12
papers.ssrn.com/sol3/papers....
Conventional wisdom holds that the civil service sits safely beyond the president's reach. Does it? (1) Not nearly as much as legal scholars think. (2) That's a problem for the execution of the law. 1/12
papers.ssrn.com/sol3/papers....
Presidential Control of the Civil Service
<p>Conventional wisdom treats the federal civil service as largely beyond the president’s reach. This Article challenges that assumption. Legal scholars too oft
papers.ssrn.com
November 25, 2025 at 4:07 PM
New Paper: Presidential Control of the Civil Service.
Conventional wisdom holds that the civil service sits safely beyond the president's reach. Does it? (1) Not nearly as much as legal scholars think. (2) That's a problem for the execution of the law. 1/12
papers.ssrn.com/sol3/papers....
Conventional wisdom holds that the civil service sits safely beyond the president's reach. Does it? (1) Not nearly as much as legal scholars think. (2) That's a problem for the execution of the law. 1/12
papers.ssrn.com/sol3/papers....
Reposted by Sam J. Merchant
Katyal just referred to "French Revolutioning" all statutes.
November 5, 2025 at 4:55 PM
Katyal just referred to "French Revolutioning" all statutes.
SCOTUS to decide constitutionally of criminal prohibition against gun possession by an “unlawful user” of drugs. This case will either prove the goofiness of the strict “historical analogs” test (there are none here) or the justices will make up a new test.
The case is one of at least two major gun disputes the Supreme Court is set to decide this term.
Supreme Court Will Consider Overturning Federal Ban On Drug Users Owning Guns
The case is one of at least two major gun disputes the Supreme Court is set to decide this term.
www.forbes.com
October 20, 2025 at 2:49 PM
SCOTUS to decide constitutionally of criminal prohibition against gun possession by an “unlawful user” of drugs. This case will either prove the goofiness of the strict “historical analogs” test (there are none here) or the justices will make up a new test.
Enjoyed workshopping a piece at Georgetown Law today, and thank you Michael Klarman for commentary!
October 10, 2025 at 9:36 PM
Enjoyed workshopping a piece at Georgetown Law today, and thank you Michael Klarman for commentary!
Here I try to break down this controversial sentence without getting distracted by shiny objects.
Sam J. Merchant posts "Sentencing Transgender Assassins of Supreme Court Justices."
On the sentencing of Sophie Roske, who planned to assassinate Brett Kavanaugh... and why sentencing is hard.
crimprof.blog/sentencing-t...
On the sentencing of Sophie Roske, who planned to assassinate Brett Kavanaugh... and why sentencing is hard.
crimprof.blog/sentencing-t...
Sentencing Transgender Assassins of Supreme Court Justices – Crimprof Blog
crimprof.blog
October 9, 2025 at 6:20 PM
Here I try to break down this controversial sentence without getting distracted by shiny objects.
Reposted by Sam J. Merchant
Sam Merchant posts "Explained: Sean 'Diddy' Combs Sentenced to 50 Months in Prison."
Unpacking one of the most high-profile applications of the Federal Sentencing Guidelines in years.
crimprof.blog/explained-se...
Unpacking one of the most high-profile applications of the Federal Sentencing Guidelines in years.
crimprof.blog/explained-se...
Explained: Sean “Diddy” Combs Sentenced to 50 Months in Prison – Crimprof Blog
crimprof.blog
October 8, 2025 at 1:59 PM
Sam Merchant posts "Explained: Sean 'Diddy' Combs Sentenced to 50 Months in Prison."
Unpacking one of the most high-profile applications of the Federal Sentencing Guidelines in years.
crimprof.blog/explained-se...
Unpacking one of the most high-profile applications of the Federal Sentencing Guidelines in years.
crimprof.blog/explained-se...
I analyze the Sean "Diddy" Combs federal sentencing proceeding.
crimprof.blog/explained-se...
crimprof.blog/explained-se...
Explained: Sean “Diddy” Combs Sentenced to 50 Months in Prison – Crimprof Blog
crimprof.blog
October 5, 2025 at 9:09 PM
I analyze the Sean "Diddy" Combs federal sentencing proceeding.
crimprof.blog/explained-se...
crimprof.blog/explained-se...
Reposted by Sam J. Merchant
Prof. Sam Merchant was quoted by @nytimes.com about the length of sentence that rapper Sean Combs will receive at a hearing this Friday, saying that while guidelines often act as an “anchor” in sentencing, judges have significant leeway when deciding a defendant’s ultimate punishment.
z.umn.edu/ar8c
z.umn.edu/ar8c
October 2, 2025 at 2:14 PM
Prof. Sam Merchant was quoted by @nytimes.com about the length of sentence that rapper Sean Combs will receive at a hearing this Friday, saying that while guidelines often act as an “anchor” in sentencing, judges have significant leeway when deciding a defendant’s ultimate punishment.
z.umn.edu/ar8c
z.umn.edu/ar8c
"Wake up, babe, new @nicholasbednar.bsky.social article just dropped." [Genuinely me this morning.]
Unless the Senate acts, the government will shut down midnight on Wednesday.
@nicholasbednar.bsky.social evaluates OMB Director Russ Vought's plan to use this shutdown as a springboard for permanent federal workforce cuts.
@nicholasbednar.bsky.social evaluates OMB Director Russ Vought's plan to use this shutdown as a springboard for permanent federal workforce cuts.
Reductions in Force During Shutdowns
The Trump administration plans to use the pending shutdown as justification for additional RIFs.
www.lawfaremedia.org
September 30, 2025 at 10:10 PM
"Wake up, babe, new @nicholasbednar.bsky.social article just dropped." [Genuinely me this morning.]
Our drift from Thomas Paine:
“The word ‘republic’ means the public good, or the good of the whole, in contradistinction to the despotic form, which makes the good of the sovereign, or of one man, the only object of the government.”
“The word ‘republic’ means the public good, or the good of the whole, in contradistinction to the despotic form, which makes the good of the sovereign, or of one man, the only object of the government.”
August 27, 2025 at 2:52 PM
Our drift from Thomas Paine:
“The word ‘republic’ means the public good, or the good of the whole, in contradistinction to the despotic form, which makes the good of the sovereign, or of one man, the only object of the government.”
“The word ‘republic’ means the public good, or the good of the whole, in contradistinction to the despotic form, which makes the good of the sovereign, or of one man, the only object of the government.”
It reminds of the Articles of Association (1774) (which Lincoln credits in his First Inaugural as "forming" the "Union").
Clause 8: "We will . . . encourage frugality, economy, and industry . . and will discountenance and discourage every species of extravagance and dissipation."
Clause 8: "We will . . . encourage frugality, economy, and industry . . and will discountenance and discourage every species of extravagance and dissipation."
August 23, 2025 at 6:07 PM
It reminds of the Articles of Association (1774) (which Lincoln credits in his First Inaugural as "forming" the "Union").
Clause 8: "We will . . . encourage frugality, economy, and industry . . and will discountenance and discourage every species of extravagance and dissipation."
Clause 8: "We will . . . encourage frugality, economy, and industry . . and will discountenance and discourage every species of extravagance and dissipation."
Honored to be appointed to the U.S. Sentencing Commission‘s Advisory Group on Research and Data Practices. This group combines sentencing scholars with experts from other fields to inform criminal sentencing policies and practices.
www.ussc.gov/about/news/p...
www.ussc.gov/about/news/p...
August 18, 2025 at 10:15 PM
Honored to be appointed to the U.S. Sentencing Commission‘s Advisory Group on Research and Data Practices. This group combines sentencing scholars with experts from other fields to inform criminal sentencing policies and practices.
www.ussc.gov/about/news/p...
www.ussc.gov/about/news/p...
SCOTUS grants cert in another crim case involving supervised release (RICO v. US). D served her time, was on supervised release, but stops checking in (absconds). Terms of SR expire in 2021. She possesses drugs in 2022, which would violate SR terms. Is SR tolled? www.supremecourt.gov/orders/court...
www.supremecourt.gov
June 30, 2025 at 2:37 PM
SCOTUS grants cert in another crim case involving supervised release (RICO v. US). D served her time, was on supervised release, but stops checking in (absconds). Terms of SR expire in 2021. She possesses drugs in 2022, which would violate SR terms. Is SR tolled? www.supremecourt.gov/orders/court...
SG Prelogar also teed up the constitutionality of universal injunctions when NDTX was enjoining Biden left and right, and SCOTUS passed.
IANAL but looks to me like the Biden administration asked SCOTUS to take up the universal injunctions question in Texas Top Cop Shop:
www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov/DocketPDF/24...
June 27, 2025 at 6:41 PM
SG Prelogar also teed up the constitutionality of universal injunctions when NDTX was enjoining Biden left and right, and SCOTUS passed.
I know that there are new shiny objects to analyze, but for Crim people this is a good primer breaking down Esteras v. US.
I agree that the Court punted on the only real issue: considering “retribution” when revoking a federal offender’s supervised release.
open.substack.com/pub/sentenci...
I agree that the Court punted on the only real issue: considering “retribution” when revoking a federal offender’s supervised release.
open.substack.com/pub/sentenci...
Esteras v. United States Answers Half the Question Presented
This week marks the end of the U.S.
open.substack.com
June 27, 2025 at 4:00 PM
I know that there are new shiny objects to analyze, but for Crim people this is a good primer breaking down Esteras v. US.
I agree that the Court punted on the only real issue: considering “retribution” when revoking a federal offender’s supervised release.
open.substack.com/pub/sentenci...
I agree that the Court punted on the only real issue: considering “retribution” when revoking a federal offender’s supervised release.
open.substack.com/pub/sentenci...
Reposted by Sam J. Merchant
A huge amount of tech regulation is about to get done through child protection law. And, unlike in the 90s, when age verification was very difficult to do, it's a lot more feasible to do even through automated means. This is going to be a huge change for the tech industry.
The Supreme Court's fifth decision is Free Speech Coalition v. Paxton. By a 6–3 vote, the court UPHOLDS age-verification laws for online porn, holding that they are only subject to intermediate scrutiny. All three liberals dissent. www.supremecourt.gov/opinions/24p...
June 27, 2025 at 3:47 PM
A huge amount of tech regulation is about to get done through child protection law. And, unlike in the 90s, when age verification was very difficult to do, it's a lot more feasible to do even through automated means. This is going to be a huge change for the tech industry.
I haven't seen much unpacking of Hewitt, so here it is in layman's terms:
Sentenced in 2009, under *bonkers* sentencing enhancements (300+ years for bank robberies with a gun). Sentences get vacated for various reasons. Now it's 2025 and the First Step Act does away with the bonkers enhancements.1/3
Sentenced in 2009, under *bonkers* sentencing enhancements (300+ years for bank robberies with a gun). Sentences get vacated for various reasons. Now it's 2025 and the First Step Act does away with the bonkers enhancements.1/3
First (but *not* last) #SCOTUS ruling today is in Hewitt.
For what is basically a 5-4 majority (with some fracturing), Justice Jackson (joined by the Chief Justice and the three Democratic appointees) largely sides with federal criminal defendants in a complex sentencing dispute:
For what is basically a 5-4 majority (with some fracturing), Justice Jackson (joined by the Chief Justice and the three Democratic appointees) largely sides with federal criminal defendants in a complex sentencing dispute:
www.supremecourt.gov
June 26, 2025 at 9:01 PM
I haven't seen much unpacking of Hewitt, so here it is in layman's terms:
Sentenced in 2009, under *bonkers* sentencing enhancements (300+ years for bank robberies with a gun). Sentences get vacated for various reasons. Now it's 2025 and the First Step Act does away with the bonkers enhancements.1/3
Sentenced in 2009, under *bonkers* sentencing enhancements (300+ years for bank robberies with a gun). Sentences get vacated for various reasons. Now it's 2025 and the First Step Act does away with the bonkers enhancements.1/3