Jeff Dubner
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dubner.bsky.social
Jeff Dubner
@dubner.bsky.social
240 followers 210 following 150 posts
Public interest attorney. Formerly EEOC, Democracy Forward.
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dubner.bsky.social
My prediction on the tariffs case, FWIW.
September 4, 2025 skeets from Jeff Dubner: “I see it a little differently. The tariff case is the one place I think they’ll see their interests aligning in favor of an injunction. It’s the preference of the corporate wing Roberts and Gorsuch came from; it lets them seem independent from Trump; it saves Trump from himself; and it’s an opportunity to expand the erstwhile anti-regulatory project of the MQD/NDD. (And hoo boy is it illegal.) So I don’t read this one as much of a bellwether.”
November 5, 2025 at 3:06 PM
dubner.bsky.social
Judge: And why is it a trick question?

Balko: ‘Cause Subway didn’t make a meatball sub in 2017. The meatball sub didn’t come out ‘til 2021. And it wasn’t offered on toasted whole wheat until 2025. However, in 2025, the correct quality would be “four degrees below mediocre.”
November 4, 2025 at 8:54 PM
dubner.bsky.social
Judge: And why is it a trick question?

Balko: ‘Cause Subway didn’t make a meatball sub in 2017. The meatball sub didn’t come out ‘til 2021. And it wasn’t offered on toasted whole wheat until 2025. However, in 2025, the correct quality would be “four degrees below mediocre.”
November 4, 2025 at 8:52 PM
dubner.bsky.social
A fiddler crab, with one small claw and one giant claw
October 23, 2025 at 1:54 PM
dubner.bsky.social
If he turns it into this then maybe we can talk
The “are we the baddies” meme: an anxious man in a Nazi uniform, with the totenkopf skill on his cap.
October 22, 2025 at 3:45 PM
dubner.bsky.social
A black-and-white photo of suffragettes, with their faces replaced by rat heads and their sign edited to say "VOTES FOR VERMIN"
September 23, 2025 at 11:11 PM
dubner.bsky.social
Right. Here's what NRA is seeking -- damages and injunctive relief.
a. Declaring, pursuant to 28 U.S.C. § 2201, that Defendants have violated the NRA’s rights to free speech, due process, and equal protection under both the Federal and New York Constitutions; b. Granting a preliminary and permanent injunction, pursuant to 28 U.S.C. § 1651 (a), 42 U.S.C. § 1983, and Rule 65 of the Federal Rules of Civil Procedure, ordering DFS, its agents, representatives, employees and servants and all persons and entities in concert or participation with it, Cuomo (in his official capacity), and Vullo (in her official capacity): (1) to immediately cease and refrain from engaging in any conduct or activity which has the purpose or effect of interfering with the NRA’s exercise of the rights afforded to it under the First and Second Amendment to the United States Constitution and Section 8 to the New York Constitution; (2) to immediately cease and refrain from engaging in any conduct or activity which has the purpose or effect of interfering with, terminating, or diminishing any of the NRA’s contracts and/or business relationships with any organizations; (3) to immediately cease and refrain from further selective enforcement of the Insurance Laws to the NRA endorsed policies; and (4) to enjoin or preclude the enforcement of the provisions of the Lockton and Chubb Consent Orders purporting to prohibit Lockton and Chubb from doing business with the NRA; b. Granting such other injunctive relief to which the NRA is entitled; c. Awarding the NRA actual damages, including compensatory and consequential damages, in an amount to be determined at trial; d. Awarding the NRA exemplary or punitive damages; e. Awarding the NRA pre-judgment and post-judgment interest at the highest lawful rates; f. Awarding the NRA such costs and disbursement as are incurred in prosecuting this action, including reasonable attorneys’ and experts’ fees; and g. Granting the NRA such other and further relief as this Court deems just and proper
September 17, 2025 at 11:21 PM
dubner.bsky.social
A picture of the cartoon character Goofy saying “gawrsh!”
September 7, 2025 at 5:46 PM
dubner.bsky.social
my All-Remy team. Pity that Arquimedes Pozo was too early and Kyle Schwarber too late.
A grid of nine baseball players: Manny Declarmen, Hipolito Pichardo, Kelly Shoppach, Jarrod Saltalamacchia, Kevin Millar, Paxton Crawford, Xander Bogaerts, Ryan Lavarnway, Hideki Okajima
September 2, 2025 at 5:46 PM
dubner.bsky.social
To-Do list in a green typed font: Land a Triple Axel Solve the Poincaré conjecture Perform Il Dolce Suono from Lucia di Lammermoor at La Scala Burp the alphabet Become a master woodworker Learn how to repave a driveway Break Graham Gooch’s record of 456 runs in a single test Master conducting (orchestra) Master conducting (train) Beat NBA Jam on all-star Free solo the Colossus of Rhodes Fix the Jesus fresco that lady messed up The first five are crossed out
August 14, 2025 at 11:21 PM
dubner.bsky.social
You might be thinking of Liggett v. Lee, which struck down Florida’s anti-chain store law. Brandeis’s dissent is remarkable - all about the “Frankenstein monster which states have created by their corporation laws.”

@thesituationist.bsky.social may have more thoughts on this…
“The prevalence of the corporation in America has led men of this generation to act, at times, as if the privilege of doing business in corporate form were inherent in the citizen, and has led them to accept the evils attendant upon the free and unrestricted use of the corporate mechanism as if these evils were the inescapable price of civilized life, and, hence to be borne with resignation. Throughout the greater part of our history, a different view prevailed. Although the value of this instrumentality in commerce and industry was fully recognized, incorporation for business was commonly denied long after it had been freely granted for religious, educational, and charitable purposes. It was denied because of fear. Fear of encroachment upon the liberties and opportunities of the individual. Fear of the subjection of labor to capital. Fear of monopoly. Fear that the absorption of capital by corporations, and their perpetual life, might bring evils similar to those which attended mortmain.” “Able, discerning scholars have pictured for us the economic and social results of thus removing all limitations upon the size and activities of business corporations and of vesting in their managers vast powers once exercised by stockholders -- results not designed by the states and long unsuspected. They show that size alone gives to giant corporations a social significance not attached ordinarily to smaller units of private enterprise. Through size, corporations, once merely an efficient tool employed by individuals in the conduct of private business, have become an institution -- an institution which has brought such concentration of economic power that so-called private corporations are sometimes able to dominate the state. The typical business corporation of the last century, owned by a small group of individuals, managed by their owners, and limited in size by their personal wealth, is…” “… being supplanted by huge concerns in which the lives of tens or hundreds of thousands of employees and the property of tens or hundreds of thousands of investors are subjected, through the corporate mechanism, to the control of a few men. Ownership has been separated from control, and this separation has removed many of the checks which formerly operated to curb the misuse of wealth and power. And, as ownership of the shares is becoming continually more dispersed, the power which formerly accompanied ownership is becoming increasingly concentrated in the hands of a few. The changes thereby wrought in the lives of the workers, of the owners, and of the general public are so fundamental and far-reaching as to lead these scholars to compare the evolving "corporate system" with the feudal system, and to lead other men of insight and experience to assert that this "master institution of civilized life" is committing it to the rule of a plutocracy.”
August 4, 2025 at 2:30 AM
dubner.bsky.social
Only if she’s
A screenshot from Google reporting that Sydney Sweeney is 5’3”
July 30, 2025 at 3:28 PM
dubner.bsky.social
The same is true for organizations that represent individuals through associational standing. Here’s how the Northern District of California summarized the state of the law in Vietnam Veterans of America v. CIA, 288 F.R.D. 192, 204 (N.D. Cal. 2012):
"many courts have held that organizations with associational standing may serve as class representatives, at least where the underlying purpose of the organization is to represent the interests of the class"
July 28, 2025 at 3:23 PM
dubner.bsky.social
Here’s @stevevladeck.bsky.social: www.stevevladeck.com/p/162-what-d...
"states (and organizations like CASA) can't be class-action plaintiffs (the Federal Rule of Civil Procedure that authorizes class-wide relief requires the plaintiffs to be persons)"
July 28, 2025 at 3:23 PM