Mark Tushnet
@marktushnet.bsky.social
Emeritus professor of constitutional law, including free expression and comparative constitutional law. Still trying to stay intellectually active.
2/ Mostly seeming successes that turned out to fail, but at least 1 seeming failure that turned out OK. Despite the editor’s hopes, no generalizations whatever seem available—except maybe that outsiders don’t do much help even when well-motivated, which they aren’t always.
November 6, 2025 at 8:21 PM
2/ Mostly seeming successes that turned out to fail, but at least 1 seeming failure that turned out OK. Despite the editor’s hopes, no generalizations whatever seem available—except maybe that outsiders don’t do much help even when well-motivated, which they aren’t always.
In a forthcoming episode of Supreme Betrayal (to be recorded next week, we hope), we offer our take--less detailed but in the same ballpark--on these issues.
October 7, 2025 at 11:26 AM
In a forthcoming episode of Supreme Betrayal (to be recorded next week, we hope), we offer our take--less detailed but in the same ballpark--on these issues.
2/ supreme-betrayal-how-the-supreme-court-and-constitutional.simplecast.com/episodes/a-c...
podcasts.apple.com/us/podcast/a...
podcasts.apple.com/us/podcast/a...
A Conversation with Will Baude | Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America
Our conversation with Will Baude covers his ideas about originalism as "our law" and the implications of his position for a constitution--ours, perhaps--that isn't normatively attractive overall.
supreme-betrayal-how-the-supreme-court-and-constitutional.simplecast.com
September 27, 2025 at 10:31 PM
4/ "would deny ... the attorney for the Government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence." (You can snarkily imagine what such a motion would say about the time Halligan needs to prepare.)
September 27, 2025 at 8:49 AM
4/ "would deny ... the attorney for the Government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence." (You can snarkily imagine what such a motion would say about the time Halligan needs to prepare.)
3/ and disputes about admissibility of evidence) suspend the clock. & the gov't can move for a continuance once trial is scheduled by showing (in a simple case) that failing to grant the continuance ...
September 27, 2025 at 8:49 AM
3/ and disputes about admissibility of evidence) suspend the clock. & the gov't can move for a continuance once trial is scheduled by showing (in a simple case) that failing to grant the continuance ...
2/ appears (at the low end of the annual statistics) to be about 10 months. FWIW, time to trial for the Florida attempt on Trump was just under a year. Comey's entitled to insist on a trial w/in 30 days but consideration of pretrial motions, if any (like vindictive prosecution...
September 27, 2025 at 8:49 AM
2/ appears (at the low end of the annual statistics) to be about 10 months. FWIW, time to trial for the Florida attempt on Trump was just under a year. Comey's entitled to insist on a trial w/in 30 days but consideration of pretrial motions, if any (like vindictive prosecution...