michaelresanovic.bsky.social
@michaelresanovic.bsky.social
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Smith has been on the bench since 1987. Hear me out, guys… I’m starting to think life tenure for all federal judges is a bad idea.
Judge Jerry Smith (Reagan appointee) is out with his dissent in the Texas redistricting case, and it is WILD

www.democracydocket.com/wp-content/u...
November 19, 2025 at 8:56 PM
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Gorgeous evening today in Anchorage, Alaska.
November 16, 2025 at 5:46 AM
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Idea: centrist dads and mums think tank. Must be massively well funded so centrist mums and dads can write outraged screeds complaining about the drivel and misinformation on social media
November 12, 2025 at 9:28 AM
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Few conflicts in human history have such a clear aggressor, and a clear victim of aggression.

It is morally correct to funnel as much aid - including lethal weapons - to the victims of the aggression as possible.
June 6, 2025 at 3:47 PM
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The whole appeal of UET is its ruthless simplicity. It isn’t about “enough” control (which should obviously be a political decision) it’s about ANY lack of control. It’s a really appealing argument!! This admits it was always just about “enough”
June 5, 2025 at 2:28 PM
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…be “renewed” every year, as if vehicles expire like out of date milk after a certain time period. There is absolutely no purpose served by this other than raising revenue and giving cops an excuse to do a traffic stop so they can look in side your car, etc., yet Americans just accept this as OK.
June 6, 2025 at 7:34 PM
Make Thayer Great Again!
BART: This is the worst federal judiciary of my life.

HOMER: Worst federal judiciary of your life *so far*
May 28, 2025 at 11:40 PM
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POTUS: Congress, please create this new agency for me.
CONGRESS: But the bill will prohibit you from firing anyone working there except for proven malfeasance or the like.
P: Sounds fair, but the Court says we, the political branches, aren't allowed to make that political agreement.
C: Then, no.
May 24, 2025 at 4:37 AM
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Perhaps the most amazing footnote I have come across in my two years in law school. Comparing a Learned Hand opinion with an XKCD comic. Bravo, @williambaude.bsky.social
March 13, 2025 at 6:36 PM
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If all the Big Ten schools get on board this is pretty big. Some of the richest and most influential schools are in the Big Ten. This could be a very good sign.

thehill.com/homenews/edu...
Big Ten schools creating a ‘mutual defense compact’ against Trump actions
The faculty senates in the Big Ten Academic Alliance are creating a “mutual defense compact” to fight against President Trump’s ongoing attacks on higher education.   The faculty senate o…
thehill.com
April 19, 2025 at 3:07 AM
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To prevent deer from being hit by cars Finland has tried using reflective paint. (https://www.smithsonianmag.com/smart-news/avoid-deer-strikes-finland-painting-deer-antlers-reflective-paint-180949792/)

File this under "solutions to modern problems that summon the old gods."
April 20, 2025 at 10:12 AM
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Chief Justice Marshall, in McCullough v Maryland (1819).
April 1, 2025 at 3:58 PM
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In one week's time at Yale Law School. Honored by this symposium and very much looking forward to the conversation!

yaleconnect.yale.edu/yjlh/symposi...
April 5, 2025 at 12:14 AM
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April 7, 2025 at 10:50 PM
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Critiques of popular constitutionalism too often miss crucial distinctions between different forms of popular politics, both in form and in substance.
Most of these arguments were made by **legislative** constitutionalists or post-constitutionalists - rarely in a presidentialist vein (though presidential defiance has not been off limits for the left).
2/ against “constitutionalism,” against judicial review, against judicial supremacy, and in favor of presidential over judicial constitutional interpretation, and of political constitutionalism, and the like, are thinking about the apparent development of these ideas by the Trump administration.
February 3, 2025 at 9:00 PM
Ditto for court precedents (though not judgments)
People may act in ways that are informed by executive orders because EOs reflect interpretations of laws that do bind the public. But that is not the same thing. A member of the public cannot violate or comply with an executive order.
March 9, 2025 at 2:57 AM
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If you are a reporter and are describing anyone other than an executive branch official as “complying” with an executive order you are not doing your job and are confusing the public. Full stop.
March 8, 2025 at 11:31 PM
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Americans have to accept much of the responsibility for Musk’s cuts to the Federal government — the public has long wrongly conflated “efficiency” with “minimised cost”. As a result, every service the Federal Government provides — passports, tax return processing, licensing, national parks, etc…
February 26, 2025 at 9:05 PM
The very essence of "the judicial power" is issuing judgments. The very essence of judgments is that they are that polity's disposition as to the causes of the parties involved. This goes back to the very first use of federal judicial review in 1792, when justices held that the (apparently well...
The Constitution doesn't say that the president has to obey court orders.
February 12, 2025 at 12:45 AM
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I know what you mean. There’s a reason political scientists don’t measure leg productivity by *total measure of bills passed* anymore. We don’t care how many post offices get named.
February 12, 2025 at 12:21 AM
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I see a champion
February 9, 2025 at 10:02 PM
TIL my phone keyboard has a thorn.

My day has been made!
According to þe olde calendar, it's not 2025 until March 25. It'll get better by then!
February 8, 2025 at 11:10 PM
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It doesn't follow from the premise that Courts are in the business of resolving particular disputes that there is no independent duty on Congressman to be satisfied of the constitutionality of acts they vote for. That Congressman would conflate it speaks to them being genuine dunces.
February 8, 2025 at 8:49 PM