Jon Weinberg
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jonweinberg.bsky.social
Jon Weinberg
@jonweinberg.bsky.social
Law professor. Speaks Japanese a little. Terrible figure skater. Thinks immigration is good, actually.
—Justice David Davis, explaining for the Court in Ex Parte Milligan (1865) that if a President can “substitute military force for and to the exclusion of the laws, . . . republican government is a failure” [2/2]
September 7, 2025 at 8:47 PM
It’ll be appealed to the Sixth Circuit, but no time soon, since the BIA remanded for a ruling on another issue and so we don’t have a final order yet. The appeal of another BIA determination relying on this one may get to a court of appeals before this one does
July 18, 2025 at 9:50 PM
I have the version of this album that he did *without* Ozzy — those songs on the A side, and eight more on the B side — but somehow it seems inadequate now
July 17, 2025 at 4:32 PM
Graf was #1 when she was 19, but Sabatini was #3 and fits the story.
July 17, 2025 at 2:49 PM
Border Patrol has long claimed the right, within 100 miles of a border, to demand ID from people they think might be in the U.S. w/o authorization and to detain them if the matter isn’t cleared up to the agent’s satisfaction. Most of the U.S. population lives within 100 miles of a border
July 14, 2025 at 7:13 PM
In fact, federal law has required noncitizens to carry their papers since 1950. (It’s a little complicated.) I wrote about it here — papers.ssrn.com/sol3/papers....
Demanding Identity Papers
Language in the Immigration and Nationality Act appears to make it a crime if a non-citizen, present in this country, fails to carry government-issued immigrati
papers.ssrn.com
July 14, 2025 at 3:57 PM
Judge Ho was writing in support of the D. Md. standing order, right?
June 30, 2025 at 1:48 PM
Yeah. Historically, “withholding of removal” was a key form of humanitarian relief for folks who couldn’t get asylum - w/ withholding, you couldn’t be sent to your home country, and as a practical matter that meant you wouldn’t be removed at all. Now it just means you’ll be sent to South Sudan.
June 24, 2025 at 12:12 AM
From the Defenders of Free Speech: Law Reviews exercising their first amendment right to cite folks whom they want to cite, and not cite folks whom they don’t want to cite, is now illegal.
June 22, 2025 at 6:59 PM
That’s also what I said following the argument, so I guess we’ll see …
June 20, 2025 at 3:01 PM
I had assumed that the OP was referencing William O. Douglas (although he was a WWI-era veteran, not a WWI veteran)
June 18, 2025 at 3:14 PM
It’s customary to short-form case names using the name of the private party, not the governmental one. (Kleindienst, as Attorney General, was a named party in a *lot* of cases, and we can’t call them all “Kleindienst.”)
June 16, 2025 at 4:49 PM
But first you have to mark all of the citations, which is a pain in the butt (at least it is when I do it) — *then* you run the macro
June 11, 2025 at 7:54 PM
The next page is even better — “Table of Authorities [INSERT]”. I’m guessing that nobody entered the tags on the authorities at all. They’re running out of paralegals at Federal Programs?
June 11, 2025 at 6:20 PM
Agree re Yevtushenko. Brodsky had just arrived in the U.S. a few months before the strip was published, after being forcibly deported from the Soviet Union, and — though he had taught himself English as a teenager — he wouldn’t have been doing tours
May 26, 2025 at 8:01 PM
Me too
May 23, 2025 at 5:51 PM
Also, yes, that’s @silkys13.bsky.social’s book — on my summer reading list
May 20, 2025 at 7:07 PM
The two of us can report that all of my students know what habeas corpus is
May 20, 2025 at 6:50 PM