Evan X. Tucker
@evantuckeresq.bsky.social
Litigator | UVA and W&M Law | Golfing Nerd | Views expressed here are my own
Reposted by Evan X. Tucker
Why does the Trump White House keep trying to protect men who abuse women?
NEW: When Andrew Tate landed in the US, Customs & Border Protection seized his electronic devices. But @propublica.org found that a White House official told DHS to return the devices, emphasizing that the request came from the White House.
By @robert-faturechi.bsky.social & Avi Asher-Schapiro
By @robert-faturechi.bsky.social & Avi Asher-Schapiro
The White House Intervened on Behalf of Accused Sex Trafficker Andrew Tate During a Federal Investigation
Federal authorities were chided for seizing electronic devices from Tate and his brother, and told to return them, records and interviews show. Experts said the intervention was highly inappropriate.
www.propublica.org
November 18, 2025 at 11:38 AM
Why does the Trump White House keep trying to protect men who abuse women?
Reposted by Evan X. Tucker
If you think a golden ballroom is more important than childhood cancer research… I have nothing left to say to you. Please unfollow me.
#pediatriccancer #cancermom
#pediatriccancer #cancermom
August 5, 2025 at 9:40 PM
If you think a golden ballroom is more important than childhood cancer research… I have nothing left to say to you. Please unfollow me.
#pediatriccancer #cancermom
#pediatriccancer #cancermom
Reposted by Evan X. Tucker
Ah yes the venerable “controlled by but not conclusive of” distinction, unsupported by any citation because there is none.
July 23, 2025 at 9:28 PM
Ah yes the venerable “controlled by but not conclusive of” distinction, unsupported by any citation because there is none.
Reposted by Evan X. Tucker
SCOTUS is so contemptuous of the lower courts, it thinks that lower courts *following the Court's own precedents* is an abuse of equitable discretion.
This is enraging.
SCOTUS shadow dockets the end of another agency’s independence.
The majority refuses to call it precedent, because they know that would be laughable on its face. They just say one like ruling “control[s]” another. And you, district judges, need to figure out if it’s so.
SCOTUS shadow dockets the end of another agency’s independence.
The majority refuses to call it precedent, because they know that would be laughable on its face. They just say one like ruling “control[s]” another. And you, district judges, need to figure out if it’s so.
![SUPREME COURT OF THE UNITED STATES
No. 25A11
DONALD J. TRUMP, PRESIDENT OF THE UNITED
STATES, ET AL. U. MARY BOYLE, ET AL.
ON APPLICATION FOR STAY
[July 23, 2025]
The application for stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted. The application is squarely controlled by Trump v. Wilcox, 605 U.S. _ (2025). Although our interim orders are not conclusive as to the merits, they inform how a court should exercise its equitable discretion in like cases. The stay we issued in Wilcox reflected "our judgment that the Government faces greater risk of harm from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty." Ibid. (slip op., at 1). The same is true on the facts presented here, where the Consumer Product Safety Commission exercises executive power in a similar manner as the National Labor Relations Board, and the case does not otherwise differ from Wilcox in any pertinent respect.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreicw26hspspos2a6yhcgpa3injgsmsi6vpaauaofg5jvo62s6vvbr4@jpeg)
July 23, 2025 at 9:36 PM
SCOTUS is so contemptuous of the lower courts, it thinks that lower courts *following the Court's own precedents* is an abuse of equitable discretion.
Reposted by Evan X. Tucker
Whoaaaaaa
July 15, 2025 at 8:56 PM
Whoaaaaaa
Reposted by Evan X. Tucker
It’s absolutely impossible to think this is the result of good faith legal analysis, especially when they refuse to provide any reasons!
According to this Supreme Court, President Biden's Department of Education was exceeding its power by trying to forgive peoples' student loans.
President Trump, on the other hand, has the power to just completely dismantle the entire Education Department.
President Trump, on the other hand, has the power to just completely dismantle the entire Education Department.
BREAKING: The Supreme Court allows the Trump administration to move forward with the abolition of the Department of Education. It gives no explanation for its order. All three liberals dissent. www.documentcloud.org/documents/25...
From Sotomayor's dissent:
From Sotomayor's dissent:
July 14, 2025 at 7:48 PM
It’s absolutely impossible to think this is the result of good faith legal analysis, especially when they refuse to provide any reasons!
Reposted by Evan X. Tucker
Had no idea this was foreshadowing.
July 14, 2025 at 9:44 PM
Had no idea this was foreshadowing.
Reposted by Evan X. Tucker
SCOTUS's expanded use of the shadow docket to halt lower court orders against the administration is a huge story. The emergency docket used to be just that - for emergencies. Its expansion has allowed SCOTUS to accrete more power to itself & expand executive power...often without any explanation.
BREAKING: Supreme Court sides with the Trump
administration in yet another emergency plea. This one involves mass layoffs at the Department of Education. The three liberal justices vigorously dissent, accusing the majority of sanctioning “lawlessness“.
administration in yet another emergency plea. This one involves mass layoffs at the Department of Education. The three liberal justices vigorously dissent, accusing the majority of sanctioning “lawlessness“.
July 14, 2025 at 9:45 PM
SCOTUS's expanded use of the shadow docket to halt lower court orders against the administration is a huge story. The emergency docket used to be just that - for emergencies. Its expansion has allowed SCOTUS to accrete more power to itself & expand executive power...often without any explanation.
Reposted by Evan X. Tucker
Maybe I am so dense that light bends around me, but I simply can’t see how the equities would ever favor the Trump Administration dismantling the Department of Education. Not even a close call.
July 14, 2025 at 9:57 PM
Maybe I am so dense that light bends around me, but I simply can’t see how the equities would ever favor the Trump Administration dismantling the Department of Education. Not even a close call.
Reposted by Evan X. Tucker
The Republican appointees of the Supreme Court allowed this to happen.
My June 23 headline: “SCOTUS allows Trump admin to deport people to random countries with no notice.” www.lawdork.com/p/breaking-s...
My June 23 headline: “SCOTUS allows Trump admin to deport people to random countries with no notice.” www.lawdork.com/p/breaking-s...
Breaking news: Federal immigration officers may deport immigrants with as little as six hours’ notice to countries other than their own, even without assurances that the arrivals will be safe from persecution or torture, a top official said.
ICE memo outlines plan to deport migrants to countries where they are not citizens
The dramatic shift in policy could result in thousands of immigrants being deported to places where they lack family ties or even a common language.
www.washingtonpost.com
July 13, 2025 at 1:37 AM
The Republican appointees of the Supreme Court allowed this to happen.
My June 23 headline: “SCOTUS allows Trump admin to deport people to random countries with no notice.” www.lawdork.com/p/breaking-s...
My June 23 headline: “SCOTUS allows Trump admin to deport people to random countries with no notice.” www.lawdork.com/p/breaking-s...
Reposted by Evan X. Tucker
My younger son just got off a plane coming back from a program in Toronto and deboarding was held up. He joked to the guy in front of him “it’s probably an ICE raid.”
The guy he was talking to flashed a badge and told him to STFU.
They arrested a passenger and dragged him off the plane.
America.
The guy he was talking to flashed a badge and told him to STFU.
They arrested a passenger and dragged him off the plane.
America.
July 13, 2025 at 5:20 AM
My younger son just got off a plane coming back from a program in Toronto and deboarding was held up. He joked to the guy in front of him “it’s probably an ICE raid.”
The guy he was talking to flashed a badge and told him to STFU.
They arrested a passenger and dragged him off the plane.
America.
The guy he was talking to flashed a badge and told him to STFU.
They arrested a passenger and dragged him off the plane.
America.
Reposted by Evan X. Tucker
With Senator @whitehouse.senate.gov on captured courts and the ways we protect institutions. Incredibly clarifying as always
podcasts.apple.com/us/podcast/t...
podcasts.apple.com/us/podcast/t...
The Call Is Coming From Inside The Court
Podcast Episode · Amicus With Dahlia Lithwick | Law, justice, and the courts · 07/12/2025 · 45m
podcasts.apple.com
July 13, 2025 at 9:53 AM
With Senator @whitehouse.senate.gov on captured courts and the ways we protect institutions. Incredibly clarifying as always
podcasts.apple.com/us/podcast/t...
podcasts.apple.com/us/podcast/t...
Reposted by Evan X. Tucker
UPDATE: Three days on, disabled veteran and US citizen George Retes is still missing after being kidnapped by ICE.
His wife has phoned every law enforcement agency in the area, they all say they don’t know where he is.
It was his daughter’s third birthday yesterday.
This is America now.
His wife has phoned every law enforcement agency in the area, they all say they don’t know where he is.
It was his daughter’s third birthday yesterday.
This is America now.
July 13, 2025 at 10:30 AM
UPDATE: Three days on, disabled veteran and US citizen George Retes is still missing after being kidnapped by ICE.
His wife has phoned every law enforcement agency in the area, they all say they don’t know where he is.
It was his daughter’s third birthday yesterday.
This is America now.
His wife has phoned every law enforcement agency in the area, they all say they don’t know where he is.
It was his daughter’s third birthday yesterday.
This is America now.
Reposted by Evan X. Tucker
Reposted by Evan X. Tucker
What the Court is saying is that the government is likely to suffer irreparable harm from being prevented from implementing a flagrantly unconstitutional policy that threatens to render an untold number of children stateless
i'm not going to post anything more about Trump v. CASA because it is not the most important thing in the world, but I respectfully submit that this paragraph alone justifies all the derision directed at the Court and Justice Barrett
![Finally, the Government must show a likelihood that it will suffer irreparable harm absent a stay. Nken, 556 U.S. at 434–435, 129 S.Ct. 1749. When a federal court enters a universal injunction against the Government, it “improper[ly] intru[des]” on “a coordinate branch of the Government” and prevents the Government from enforcing its policies against nonparties. INS v. Legalization Assistance Project of Los Angeles County Federation of Labor, 510 U.S. 1301, 1306, 114 S.Ct. 422, 126 L.Ed.2d 410 (1993) (O'Connor, J., in chambers). That is enough to justify interim relief.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:ata7hvtdry3oi7b2yaqmbwz4/bafkreicscpnlqs4ywaphclypxal2qorckzelwbt5j3pi26c7ygft2t6tym@jpeg)
June 28, 2025 at 7:36 PM
What the Court is saying is that the government is likely to suffer irreparable harm from being prevented from implementing a flagrantly unconstitutional policy that threatens to render an untold number of children stateless
Reposted by Evan X. Tucker
The Supreme Court is about to go on an extended summer vacation, after having blown up the docket of every single lower court judge who has been working like a dog to deal with the firehose of illegal orders coming out of this administration.
If the Supreme Court thinks universal injunctions are unconstitutional, to wait until *now* to say that, in this of all cases, with this of all presidents, is a devastating indictment of both its impartiality and its prudence.
June 27, 2025 at 2:33 PM
The Supreme Court is about to go on an extended summer vacation, after having blown up the docket of every single lower court judge who has been working like a dog to deal with the firehose of illegal orders coming out of this administration.
Reposted by Evan X. Tucker
Sotomayor's response, footnote 11.
![The majority insists that the constitutionality of the Citizenship Or
der will come before this Court eventually and that, when it does, the
Government will obey this Court’s resulting opinion with respect to all
newborn children. Ante, at 25, n. 18. Why? The majority is sure that
the Government will honor its oral-argument promises to “‘seek cert’”
when it “‘lose[s] one of ’” its pending appeals and to “respect both the
judgments and opinions of this Court.” Ibid. (quoting Tr. of Oral Arg.
50). The majority’s certainty that the Government will keep its word is
nothing short of a leap of faith, given that the Government has adopted
a plainly unconstitutional policy in defiance of this Court’s precedent and
then gamed the system to stymie this Court’s consideration of the policy’s
merits. In any event, the Government’s promise is cold comfort to the
many children whose parents do not file a lawsuit and whose citizenship
status remains in flux pending this Court’s review.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:f4d76fjna5nxqsy2fu6cgmp3/bafkreifntseah76yzenezor2mzrldzi4woyn7aczbswoudhyh3nlkzt5mu@jpeg)
June 27, 2025 at 2:28 PM
Sotomayor's response, footnote 11.
Reposted by Evan X. Tucker
Now good luck explaining to the ICE agent stuffing you on a plane to South Sudan that you qualify as a member of a nationwide class as to whom the EO is blocked
June 27, 2025 at 2:26 PM
Now good luck explaining to the ICE agent stuffing you on a plane to South Sudan that you qualify as a member of a nationwide class as to whom the EO is blocked
Reposted by Evan X. Tucker
Go @kateshaw.bsky.social, go!
HAWLEY: Let's see the Trump chart. You don't think it's a little bit anomalous that Trump has so many more nationwide injunctions against him?
KATE SHAW: A very plausible explanation you have to consider is that he's engaged in much more lawless activity than other presidents
KATE SHAW: A very plausible explanation you have to consider is that he's engaged in much more lawless activity than other presidents
June 3, 2025 at 8:40 PM
Go @kateshaw.bsky.social, go!
Reposted by Evan X. Tucker
Why is this one bank robber always being charged with bank robbery, when people who don't rob banks are never charged? bsky.app/profile/atru...
HAWLEY: Let's see the Trump chart. You don't think it's a little bit anomalous that Trump has so many more nationwide injunctions against him?
KATE SHAW: A very plausible explanation you have to consider is that he's engaged in much more lawless activity than other presidents
KATE SHAW: A very plausible explanation you have to consider is that he's engaged in much more lawless activity than other presidents
June 3, 2025 at 8:39 PM
Why is this one bank robber always being charged with bank robbery, when people who don't rob banks are never charged? bsky.app/profile/atru...
Reposted by Evan X. Tucker
HAWLEY: Let's see the Trump chart. You don't think it's a little bit anomalous that Trump has so many more nationwide injunctions against him?
KATE SHAW: A very plausible explanation you have to consider is that he's engaged in much more lawless activity than other presidents
KATE SHAW: A very plausible explanation you have to consider is that he's engaged in much more lawless activity than other presidents
June 3, 2025 at 8:27 PM
HAWLEY: Let's see the Trump chart. You don't think it's a little bit anomalous that Trump has so many more nationwide injunctions against him?
KATE SHAW: A very plausible explanation you have to consider is that he's engaged in much more lawless activity than other presidents
KATE SHAW: A very plausible explanation you have to consider is that he's engaged in much more lawless activity than other presidents
Reposted by Evan X. Tucker
WOW
Fourth Circuit holds that a jurisdiction-stripping statute depends on a functioning Merit Systems Protections Board and Special Counsel. Because we don’t have those, the Court remands to decide whether court has jurisdiction
www.ca4.uscourts.gov/opinions/232...
Fourth Circuit holds that a jurisdiction-stripping statute depends on a functioning Merit Systems Protections Board and Special Counsel. Because we don’t have those, the Court remands to decide whether court has jurisdiction
www.ca4.uscourts.gov/opinions/232...
www.ca4.uscourts.gov
June 3, 2025 at 6:07 PM
WOW
Fourth Circuit holds that a jurisdiction-stripping statute depends on a functioning Merit Systems Protections Board and Special Counsel. Because we don’t have those, the Court remands to decide whether court has jurisdiction
www.ca4.uscourts.gov/opinions/232...
Fourth Circuit holds that a jurisdiction-stripping statute depends on a functioning Merit Systems Protections Board and Special Counsel. Because we don’t have those, the Court remands to decide whether court has jurisdiction
www.ca4.uscourts.gov/opinions/232...
Reposted by Evan X. Tucker
When we add to this the Cato Institute report showing how many migrants sent to El Salvador had in fact entered the country legally, THIS is the top story of the night.
The U.S. is sending people to horrors in foreign prisons. People who have had no due process.
An actual nightmare.
The U.S. is sending people to horrors in foreign prisons. People who have had no due process.
An actual nightmare.
This is catastrophe.
🚨According to litigators, ICE just put a dozen men on a flight (which may have already taken off) to SOUTH SUDAN, a country on the brink of civil war, in direct defiance of a court order requiring ICE to give people an opportunity to raise objections before being sent to a country not their own.
May 20, 2025 at 9:58 PM
When we add to this the Cato Institute report showing how many migrants sent to El Salvador had in fact entered the country legally, THIS is the top story of the night.
The U.S. is sending people to horrors in foreign prisons. People who have had no due process.
An actual nightmare.
The U.S. is sending people to horrors in foreign prisons. People who have had no due process.
An actual nightmare.
Reposted by Evan X. Tucker
Jeremy Feigenbaum is good.
May 15, 2025 at 3:29 PM
Jeremy Feigenbaum is good.
Reposted by Evan X. Tucker
OK, trying this again because of a bad typo the first time.
This is a dumb comment, but if the Supreme Court just addressed the merits of the birthright citizenship question, which are easy, it wouldn't matter whether there is a national injunction or not.
This is a dumb comment, but if the Supreme Court just addressed the merits of the birthright citizenship question, which are easy, it wouldn't matter whether there is a national injunction or not.
May 15, 2025 at 2:39 PM
OK, trying this again because of a bad typo the first time.
This is a dumb comment, but if the Supreme Court just addressed the merits of the birthright citizenship question, which are easy, it wouldn't matter whether there is a national injunction or not.
This is a dumb comment, but if the Supreme Court just addressed the merits of the birthright citizenship question, which are easy, it wouldn't matter whether there is a national injunction or not.