@derekgauthier.bsky.social
Interested in Federal Indian Law, water law, and environmental and natural resources law.
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This is a big deal, although a lot will depend on what #SCOTUS does in the Illinois case (in which we don’t expect a ruling until the week of November 17 at the earliest).
BREAKING: Judge Immergut issues a permanent injunction against Pete Hegseth and the deployment of the National Guard to Portland.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
November 8, 2025 at 1:23 AM
This is a big deal, although a lot will depend on what #SCOTUS does in the Illinois case (in which we don’t expect a ruling until the week of November 17 at the earliest).
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if someone tells you founding era judges didn’t have a role in adjudicating military affairs, what they’re actually telling you is they don’t know anything about the 18th century
October 6, 2025 at 11:18 PM
if someone tells you founding era judges didn’t have a role in adjudicating military affairs, what they’re actually telling you is they don’t know anything about the 18th century
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BREAKING: "For all of the reasons" given in Saturday's TRO, Immergut grants plaintiffs' second motion for a TRO.
"Based on the conduct of the defendants, ... in direct contravention" of Saturday's TRO, the second TRO bars relocation or federalization of National Guard from "any state or D.C."
"Based on the conduct of the defendants, ... in direct contravention" of Saturday's TRO, the second TRO bars relocation or federalization of National Guard from "any state or D.C."
October 6, 2025 at 3:19 AM
BREAKING: "For all of the reasons" given in Saturday's TRO, Immergut grants plaintiffs' second motion for a TRO.
"Based on the conduct of the defendants, ... in direct contravention" of Saturday's TRO, the second TRO bars relocation or federalization of National Guard from "any state or D.C."
"Based on the conduct of the defendants, ... in direct contravention" of Saturday's TRO, the second TRO bars relocation or federalization of National Guard from "any state or D.C."
Wise words.
Tweet less; research more.
October 5, 2025 at 9:29 PM
Wise words.
Sherman/Clayton is incredibly underutilized. The “lower prices” argument, especially in consolidated markets, is silly. The whole point is to promote fair competition. Consolidation in markets already oligopolies reduces rather than promotes competition in practice.
September 14, 2025 at 2:03 PM
Sherman/Clayton is incredibly underutilized. The “lower prices” argument, especially in consolidated markets, is silly. The whole point is to promote fair competition. Consolidation in markets already oligopolies reduces rather than promotes competition in practice.
Slightly diminish a band: The Shin
Slightly diminish a band: Panic. At the Disco
Slightly diminish a band: The Beach Toddlers
August 13, 2025 at 12:24 PM
Slightly diminish a band: The Shin
Yes, and consequently the worse off we are as a country.
The more universities cave to authoritarian demands to destroy the very things that make them special, the more we're going to see academics flee the United States.
July 31, 2025 at 8:58 AM
Yes, and consequently the worse off we are as a country.
The lack of critical thinking by NYT is, well, pretty wild.
![The self-enrichment of the second Trump administration is different from old-fashioned corruption. [underline] There is no evidence that Mr. Trump has received direct bribes, [/underline] nor is it clear that he has agreed to specific policy changes in exchange for cash. Nonetheless, he is presiding over a culture of corruption. [underline] He and his family have created several ways for people to enrich them — and government policy then changes in ways that benefit those who have helped the Trumps profit. [/underline] Often Mr. Trump does not even try to hide the situation.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:u45hqzk7counfbwyg5edhmvi/bafkreifno645bait35vfv5v3pxra7rl5jn2e67jwwrsb3op3nl5z4kivwm@jpeg)
June 7, 2025 at 8:38 PM
The lack of critical thinking by NYT is, well, pretty wild.
This 100%.
If I’m a Dem elected and I’m asked about Joe Biden’s health, I’m immediately asking the reporter “who is the president of the United States right now?”
Bc that’s the first question they ask to test your mental acuity and many reporters seem to be failing it.
Bc that’s the first question they ask to test your mental acuity and many reporters seem to be failing it.
May 20, 2025 at 12:21 AM
This 100%.
I read the order as including those moved to ND TX as well (to be clear, I’m not saying Chris isn’t saying this). Just trying to make clear I think it includes people discussed in the Boasberg hearing.
Also, while the message is clear, the “putative class” is technically only those in the Northern District of Texas who could be subject to the AEA proclamation. (Despite what I’m seeing from some posts flying around. And, which is why my initial post is worded as it is.)
April 19, 2025 at 6:04 AM
I read the order as including those moved to ND TX as well (to be clear, I’m not saying Chris isn’t saying this). Just trying to make clear I think it includes people discussed in the Boasberg hearing.
It’s petulant behavior to say “this person critiqued my scholarly claims so I get to make fun of their appearance.” This behavior is not, and should not be, acceptable.
Reading a historical claim and refuting it with detailed reasoning is not a problem of an academic's priors. In any discipline other than law, we'd call it peer review.
April 15, 2025 at 12:29 AM
It’s petulant behavior to say “this person critiqued my scholarly claims so I get to make fun of their appearance.” This behavior is not, and should not be, acceptable.
It’s wild if any Solicitor General, six minutes after the author posts their 85 page piece, says it’s “worth a THOROUGH read” unless they had a pre-release copy.
I’d bet they didn’t have any advance copy.
I’d bet they didn’t have any advance copy.
Iowa's Solicitor General retweets Ilan Wurman's 85-page article against birthright citizenship and recommends it to the Court six minutes after it's posted. He claims Wurman concludes the question "isn't close" despite Wurman saying in the tweet and abstract that such claims are mistaken.
April 14, 2025 at 10:58 PM
It’s wild if any Solicitor General, six minutes after the author posts their 85 page piece, says it’s “worth a THOROUGH read” unless they had a pre-release copy.
I’d bet they didn’t have any advance copy.
I’d bet they didn’t have any advance copy.
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I guess no apology from Randy Barnett is forthcoming. He’s telling a friend on X that he has the right to make fun of my appearance and laugh at a homophobic comment made at my expense because I co-authored a law review article that was too blistering a criticism of his NYT op-ed.
I shit you not.
I shit you not.
At least when frat boys made fun of my “dandy” appearance in college, they called me a fa**ot to my face.
If Georgetown law professors want to do that too, they should have the courage to say it to my face.
If Georgetown law professors want to do that too, they should have the courage to say it to my face.
April 14, 2025 at 7:17 PM
I guess no apology from Randy Barnett is forthcoming. He’s telling a friend on X that he has the right to make fun of my appearance and laugh at a homophobic comment made at my expense because I co-authored a law review article that was too blistering a criticism of his NYT op-ed.
I shit you not.
I shit you not.
Curious what observant clients of Paul Weiss and Skadden would think of that behavior
Thinking aloud: If and when Perkins/Jenner/Wilmer win their suits against the Trump E.O.s (very likely), will Paul Weiss, Skadden, et al., repudiate the "agreements" they've made in response to (or in anticipation of) the E.O.s?
April 9, 2025 at 1:46 AM
Curious what observant clients of Paul Weiss and Skadden would think of that behavior
I’m not sure this makes the top 5 list for that account.
I don’t have the words to explain how I feel when our country’s leading originalist equates Trump with God. I really don’t.
April 7, 2025 at 1:11 AM
I’m not sure this makes the top 5 list for that account.
I would take great enjoyment just being in the courtroom when the government argues to the judge that the executive is the final authority for whether the court has jurisdiction
He claimed he was “obviously correct” about a point of constitutional law that, while may have some support within the legal academy, is by no means objectively right or widely accepted. I think it is a minority view at that, which empowers the executive to rule arbitrarily.
No. We are not okay.
No. We are not okay.
are the con law professors ok
March 30, 2025 at 4:56 AM
I would take great enjoyment just being in the courtroom when the government argues to the judge that the executive is the final authority for whether the court has jurisdiction
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Was just reading John Quincy Adams' oral arguments before SCOTUS in the Amistad case and this part seems, uh, pretty relevant
March 26, 2025 at 3:29 AM
Was just reading John Quincy Adams' oral arguments before SCOTUS in the Amistad case and this part seems, uh, pretty relevant
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Elbows up, Canada.
March 22, 2025 at 10:11 PM
Elbows up, Canada.
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blog.dividedargument.com/p/contempt-e... by Samuel Bray
Contempt, Equity, and the Boundaries of the United States
Equity does not stop at the water's edge
blog.dividedargument.com
March 17, 2025 at 2:46 AM
blog.dividedargument.com/p/contempt-e... by Samuel Bray
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Last week: SpaceX ship explodes, shutting down a huge chunk of Florida airspace.
Today: X completely down.
The last month: Tesla stock price down by a third.
Gotta hand it to Musk: He really is running the government like he runs his businesses.
Today: X completely down.
The last month: Tesla stock price down by a third.
Gotta hand it to Musk: He really is running the government like he runs his businesses.
March 10, 2025 at 4:55 PM
Last week: SpaceX ship explodes, shutting down a huge chunk of Florida airspace.
Today: X completely down.
The last month: Tesla stock price down by a third.
Gotta hand it to Musk: He really is running the government like he runs his businesses.
Today: X completely down.
The last month: Tesla stock price down by a third.
Gotta hand it to Musk: He really is running the government like he runs his businesses.
Lifelong Detroit Red Wings fan here, Canada just beat the USA in the 4 Nations Face-off tournament. So I’m pretty sure Canada doesn’t care. Not to mention all the Canadians on that Florida Stanley Cup team.
March 8, 2025 at 12:28 AM
Lifelong Detroit Red Wings fan here, Canada just beat the USA in the 4 Nations Face-off tournament. So I’m pretty sure Canada doesn’t care. Not to mention all the Canadians on that Florida Stanley Cup team.
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Ok, it took a little bit, but it seems like all but one of the teach-in speakers from the Feb 12 teach-in have okayed making our talks public. They can all be found here, and I briefly describe and link to each one in the thread that follows.
February 2025 University of Michigan Teach-In - YouTube
Faculty members with expertise in politics, policy, and law discuss the different kinds of risks posed by actions ranging from changing access to critical go...
www.youtube.com
February 21, 2025 at 11:12 PM
Ok, it took a little bit, but it seems like all but one of the teach-in speakers from the Feb 12 teach-in have okayed making our talks public. They can all be found here, and I briefly describe and link to each one in the thread that follows.
Don’t worry, CJ Roberts has assured us the court of history not only exists but can overturn SCOTUS precedent
January 30, 2025 at 9:34 AM
Don’t worry, CJ Roberts has assured us the court of history not only exists but can overturn SCOTUS precedent