Michael Brey
mikebrey.bsky.social
Michael Brey
@mikebrey.bsky.social
Dad | Husband | Erstwhile litigator, now in-house
After some internal wrangling, the appeals court panel changed its opinion in a way that leaves open another argument Plaintiffs might use to force the administration to disburse the funding. Now it goes back to the trial court to take the first stab at deciding whether that argument succeeds.
August 29, 2025 at 4:58 AM
Particularly given the Court’s technical maneuvers around the merits in the education grants and AEA cases, this is not encouraging.
April 17, 2025 at 6:41 PM
Even assuming a crime, the allegation—like most things MAGA—is ideologically and factually incoherent in the
MAGA universe.

They delayed announcing the experimental, unsafe vaccine (which is not really a *vaccine*) that Trump has refused to take any credit for since leaving office to… hurt Trump?
March 27, 2025 at 3:39 AM
This may be wishful thinking, but I sometimes wonder if Trump will force some of the Court’s conservatives to abandon/pare back quite a bit of their unitary executive project. Can’t think of a worse president to bring the test the theory before the Court.
March 18, 2025 at 4:16 PM
As phrased, this is still consistent with ICE relying on tattoos alone (or some other dubious factors) for at least some individuals. No doubt they had more evidence for many others, but ICE has not earned the inference this paragraph requires that they had quality evidence for *everyone*.
March 18, 2025 at 2:52 PM
This is wild on so many levels.
March 17, 2025 at 7:25 PM
Unikowsky clerked for Scalia!
March 15, 2025 at 1:23 AM
Hassan voted yes.
March 14, 2025 at 8:47 PM
Yes. Even more so with a girl.
March 5, 2025 at 1:08 AM
Did the unions not plead associational standing? Assuming their members would have standing, which the court does not address, it seems the unions could sue. The standing analysis here seems lacking.
February 12, 2025 at 11:25 PM
My beef with The Daily is that, if you’re already generally following the news, it rarely adds anything you don’t already know. It just takes 30 minutes to performatively spit out something you learned in 5 minutes a few days prior.
February 11, 2025 at 3:21 PM
So valuable.
January 29, 2025 at 9:50 PM
And reading far too much into the election as a validation of every recent conservative and Trumpian grievance.
January 10, 2025 at 10:24 PM
12-INCH RATCHET EXTENDER, "DOESN'T KNOW WHY"
December 25, 2024 at 2:44 PM
This is generally where I land, conditional on FedSoc not continuing to devolve into turning participants like Steve into heels for their ideological kayfabe.
November 18, 2024 at 6:42 PM
I would be interested in reading that when you feel up to it. Curious to hear what you believe the opportunity costs are.
November 15, 2024 at 9:02 PM
Like it or not, FedSoc is going to be the judicial establishment for some time to come. Avoiding it won’t change any minds and it is already legitimized by its proximity to the most powerful judges in the country. Nothing can be lost by a liberal attending and sharing their views.
November 15, 2024 at 5:14 PM