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evanbernick.bsky.social
Evan Bernick, a finite mode with a smol hooman and a lorg floof
@evanbernick.bsky.social
24K followers 610 following 27K posts
Associate Prof at Northern Illinois University College of Law. Constitutional law, criminal law, abolition, philosophy, hoops, puppies (esp. Argo the Floof). “Mildly Sephirothic at worst.” He/him.
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Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
theonion.com
Democrats Sick Of Being Blamed For Cowardice On Issues They Actually Just Don’t Care About
Democrats Sick Of Being Blamed For Cowardice On Issues They Actually Just Don’t Care About
WASHINGTON—Having thus far caved on eliminating the filibuster, advancing an adequate climate change agenda, and protecting voting rights, congressional Democrats told reporters Wednesday they were si...
theonion.com
November 10, 2025 at 5:00 PM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
kredburn.bsky.social
Out today in HLR, my piece Skrmetti Beyond Scrutiny. What happened, what it means for trans rights and sex equality more broadly: harvardlawreview.org/print/vol-13...
Skrmetti Beyond Scrutiny - Harvard Law Review
In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care.
harvardlawreview.org
November 11, 2025 at 1:36 AM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
anjalikdayal.bsky.social
Pupdate
Tiny perfect little fluffy yellow dog laying with her head between a little stuffed light brown dog that looks like her and a small pink lamb chop stuffed animal. Her eyes are big, brown, and open; her ears are soft and down; and she is on a yellow sofa with two patterned blankets
November 11, 2025 at 1:28 AM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
evanbernick.bsky.social
Justices Gorsuch and Thomas, who never agree on anything concerning federal Indian law, agree that the federal government doesn't have plenary power over Native nations. This is a remarkable joint statement that should lead Justice Thomas to revisit a hell of a lot of things he has previously said
Petitioner asks us to grant review in this case to reconsider United States v. Kagama, 118 U. S. 375 (1886). Kagama helped usher into our case law the theory that the federal government enjoys “plenary power” over the internal affairs of Native American Tribes. It is a theory that should make this Court blush. Not only does that notion lack any foundation in the Constitution; its roots lie instead only in archaic prejudices. This Court is responsible for Kagama, and this Court holds the power to correct it. We should not shirk from the task.
November 10, 2025 at 7:32 PM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
unlawfulentries.bsky.social
I feel silly publicizing a book in these times BUT my book describes how constitutional structures allowed the accumulation of generational wealth + rights for settlers and white people. These are the same advantages MAGA is trying to preserve today. Pre-order page:
November 10, 2025 at 2:07 PM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
jaredmcclain.bsky.social
I'm in WaPo today explaining why the administration's profiling of people for immigration stops based on their ethnicity and occupation is unconstitutional:

wapo.st/43W3haf
Title shot of WaPo op-ed, entitled, "He's a citizen with a Real ID. ICE detained him anyway. Twice." with a picture of Leonardo Garcia Venegas standing by his work truck in Baldwin County, Alabama. This constitutional requirement prevents stops based on general suspicion about people who look a certain way, live in a certain area or work for a certain company. For instance, the Supreme Court has said that someone’s presence in a high-crime area is not sufficient to justify even a brief investigatory stop. Even hanging out in a bar that’s being searched for drugs pursuant to a warrant is not enough. Officers must have evidence that a specific individual broke the law. When officers detain groups of people based on their occupation, their location, or “how they look,” as U.S. Customs and Border Protection official Gregory Bovino described the administration’s strategy in Chicago, the stop will rarely — if ever — be justified. That’s especially true when people are working at private businesses subject to federal employee-verification requirements.
November 10, 2025 at 2:16 PM
evanbernick.bsky.social
Bean has the chance to do a legendary thing
blockclubchi.bsky.social Block Club Chicago @blockclubchi.bsky.social · 17h
Border Patrol agents posed at "The Bean" for an apparent photo op after a weekend of clashes in Little Village. blockclubchi.co/4oUHKae
November 11, 2025 at 12:15 AM
evanbernick.bsky.social
“Race ideology,” the draft of the proposal says, would encompass any concept that “attempts to shame a particular race or ethnicity” or “promotes activism on issues related to race or ethnicity rather than academic instruction."

Ok so nothing that anyone actually teaches, got it
November 10, 2025 at 11:43 PM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
crockeroncourts.bsky.social
Just posted on @ssrn.bsky.social: a draft of my Foreword ("To Keep Government Generally Within the Bounds of Law") for the Harvard Law Review & @tamu.bsky.social Center on the Structural Constitution Symposium "Judicial Review in Jeopardy?" Abstract here, link in next post. Feedback welcome.
November 10, 2025 at 7:21 PM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
evanbernick.bsky.social
It is so very hard to be a giant floof
Big floofy mountain dog with his head on a coach
November 10, 2025 at 9:07 PM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
dailybunnies.bsky.social
A brown bunny with a gold kiwi sticker on its head sits amid three large kiwis, each with "Gold Kiwi" stickers.
November 4, 2025 at 8:59 AM
evanbernick.bsky.social
Update: Lost Lace is dead. holy shit, what a game
evanbernick.bsky.social Evan Bernick, a finite mode with a smol hooman and a lorg floof @evanbernick.bsky.social · 1d
“Lost Lace is a very hard boss, but I’ve pushed her to stage 3 and will beat her today,” he said optimistically
November 10, 2025 at 10:55 PM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
evanbernick.bsky.social
LAND BACK FUCKERS—Gorsuch and Thomas, J., dissenting from denial of certiorari
November 10, 2025 at 7:42 PM
evanbernick.bsky.social
this isn’t surprising in the least but is worth circulating as widely as the “breaking” news that made it seem like this would be a vehicle for overturning Obergefell www.nbcnews.com/news/amp/rcn...
Supreme Court rejects long-shot effort to overturn same-sex marriage ruling
The court turned away an appeal filed by Kim Davis, a former county clerk in Kentucky who was sued after refusing to issue a marriage license to a gay couple.
www.nbcnews.com
November 10, 2025 at 9:50 PM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
nestingpuffin.bsky.social
Smol floof is no easy job either.
November 10, 2025 at 9:20 PM
evanbernick.bsky.social
It is so very hard to be a giant floof
Big floofy mountain dog with his head on a coach
November 10, 2025 at 9:07 PM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
danisaacs.bsky.social
3 years ago Elon enabled the funniest day in Twitter history.
My Facebook post of @ChiquitaBrands and @Chiquita posting "We've just overthrown the government of Brazil", to which the later replied "We apologize to those who have served a misleading message from a fake Chiquita account. We have not overthrown a government since 1954"
November 10, 2025 at 8:05 PM
evanbernick.bsky.social
Rhea Seehorn in Pluribus is staring in horror
November 10, 2025 at 8:32 PM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
wisemom.bsky.social
Hahaha! I has disgusterous corn. Nummy!! 🌽

Ps - we is reading the BFG to kiddo at night..disgusterous is a word.
Beautiful Bernese Mountain Dog sitting on couch destroying a large corn on the cob stuffed toy.
November 10, 2025 at 7:46 PM
evanbernick.bsky.social
Justices Gorsuch and Thomas, who never agree on anything concerning federal Indian law, agree that the federal government doesn't have plenary power over Native nations. This is a remarkable joint statement that should lead Justice Thomas to revisit a hell of a lot of things he has previously said
Petitioner asks us to grant review in this case to reconsider United States v. Kagama, 118 U. S. 375 (1886). Kagama helped usher into our case law the theory that the federal government enjoys “plenary power” over the internal affairs of Native American Tribes. It is a theory that should make this Court blush. Not only does that notion lack any foundation in the Constitution; its roots lie instead only in archaic prejudices. This Court is responsible for Kagama, and this Court holds the power to correct it. We should not shirk from the task.
November 10, 2025 at 7:32 PM
evanbernick.bsky.social
well that didn’t go well reason.com/volokh/2025/...
Q: So as I understand it, you have a non-lawyer ... drafting a brief that you don't cite check the cases yourself to see that the language is in there and your boss doesn't either, right? A: It [unintelligible] on every occasion. Q: I'm sorry, what did you just say? A: It sounds like not on every occasion. Q: It sounds like? ...
November 10, 2025 at 4:28 PM
evanbernick.bsky.social
josh blackman contends that the equal protection clause allows discrimination against unpopular groups out of pure animus. I’ll just observe that the Court did not need Justice Kennedy to reach the opposite conclusion generations ago.
The amendment, we held, was "divorced from any factual context from which we could discern a relationship to legitimate state interests," and "its sheer breadth [was] so discontinuous with the reasons offered for it" that the initiative seemed "inexplicable by anything but animus." Romer v. Evans, 517 U. S. 620, 632, 635 (1996). In 2018, when Trump v. Hawaii was decided, the Court needed Justice Kennedy's vote. That is no longer the case. I faulted Justice Barrett for citing this aspect of Trump v. Hawaii in her Skrmetti concurrence. And I will fault the per curiam Court for citing Trump v. Hawaii in the passport case. This mode of constitutional adjudication should be jettisoned. We are no longer living in Justice Kennedy's shadow. Political majorities can disadvantage politically unpopular groups, unless there is some a constitutional prohibition.
November 10, 2025 at 2:23 PM
evanbernick.bsky.social
Another case of headline sabotage
But in what some are calling a "post- literate" society, I am taking this as a win. The fact that more people are reading - performatively or not - hopefully is a good thing. Staring at a page instead of a screen will not only benefit our eyesight but also our online-addled minds. In a culture where students can't finish books, AI slop is melting our brains, and the number of people who read for pleasure has fallen by 40 per cent, it seems to be a net positive that books are trending again.
November 10, 2025 at 1:53 PM
evanbernick.bsky.social
Best poker face in the animal kingdom
davidleakenney.bsky.social David Lea Kenney Wildlife Photography @davidleakenney.bsky.social · 1d
A Barn Owl perched in the perfect position for a picture. Always a great day when you see them before it gets too dark!

#birds #birdphotography #photography #wildlifephotography #wildlife
November 10, 2025 at 1:41 PM
Reposted by Evan Bernick, a finite mode with a smol hooman and a lorg floof
davidleakenney.bsky.social
A Barn Owl perched in the perfect position for a picture. Always a great day when you see them before it gets too dark!

#birds #birdphotography #photography #wildlifephotography #wildlife
November 9, 2025 at 6:26 PM