Sam Breidbart
@sam-breidbart.bsky.social
thinking about law and history at the Brennan Center; formerly working in NYC gov
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Sam Breidbart
@sam-breidbart.bsky.social
· Sep 10
Forever hope to be known as “a man, mid-pastrami” @jasondiamond.bsky.social
Reposted by Sam Breidbart
Many thanks to the @brennancenter.org for compelling conversation about #TheRadicalFund this week. Esp nice to reconnect with former student Lauren Miller Karalunas @yalelawschool-yls.bsky.social
November 21, 2025 at 2:27 PM
Many thanks to the @brennancenter.org for compelling conversation about #TheRadicalFund this week. Esp nice to reconnect with former student Lauren Miller Karalunas @yalelawschool-yls.bsky.social
Reposted by Sam Breidbart
And this brief from @jgienapp.bsky.social and @andreascoseriakatz.bsky.social draws on recent scholarship to counter arguments that the president had settled, unfettered removal power in the early American republic: www.brennancenter.org/media/14714/...
www.brennancenter.org
November 14, 2025 at 10:35 PM
And this brief from @jgienapp.bsky.social and @andreascoseriakatz.bsky.social draws on recent scholarship to counter arguments that the president had settled, unfettered removal power in the early American republic: www.brennancenter.org/media/14714/...
Reposted by Sam Breidbart
This brief from @narosenblum.bsky.social and @nwdonahue.bsky.social explores the history behind the terms used to describe which agencies are protected from presidential removal: www.brennancenter.org/sites/defaul...
www.brennancenter.org
November 14, 2025 at 10:35 PM
This brief from @narosenblum.bsky.social and @nwdonahue.bsky.social explores the history behind the terms used to describe which agencies are protected from presidential removal: www.brennancenter.org/sites/defaul...
Reposted by Sam Breidbart
Proud to be a part of this latest SCOTUS filing from @janemanners.bsky.social, who breaks down the history behind when presidents can, and can't, fire agency leaders like FTC Commissioner Slaughter. It's one of several briefs filed by our Historians Council members today - check them out below!
BREAKING: @janemanners.bsky.social, a legal historian and member of the Brennan Center’s Historians Council, filed a brief with the Supreme Court in Trump v. Slaughter, a lawsuit challenging President Trump’s attempt to remove a commissioner of the FTC without cause: bit.ly/4nSvm9B
November 14, 2025 at 10:35 PM
Proud to be a part of this latest SCOTUS filing from @janemanners.bsky.social, who breaks down the history behind when presidents can, and can't, fire agency leaders like FTC Commissioner Slaughter. It's one of several briefs filed by our Historians Council members today - check them out below!
Reposted by Sam Breidbart
In the brief, Jane Manners argues that the history is clear: presidents don’t have unfettered authority to remove independent agency officials, such as FTC Commissioner Slaughter. Read: bit.ly/4nSvm9B
bit.ly
November 14, 2025 at 8:39 PM
In the brief, Jane Manners argues that the history is clear: presidents don’t have unfettered authority to remove independent agency officials, such as FTC Commissioner Slaughter. Read: bit.ly/4nSvm9B
Reposted by Sam Breidbart
BREAKING: @janemanners.bsky.social, a legal historian and member of the Brennan Center’s Historians Council, filed a brief with the Supreme Court in Trump v. Slaughter, a lawsuit challenging President Trump’s attempt to remove a commissioner of the FTC without cause: bit.ly/4nSvm9B
November 14, 2025 at 8:39 PM
BREAKING: @janemanners.bsky.social, a legal historian and member of the Brennan Center’s Historians Council, filed a brief with the Supreme Court in Trump v. Slaughter, a lawsuit challenging President Trump’s attempt to remove a commissioner of the FTC without cause: bit.ly/4nSvm9B
Reposted by Sam Breidbart
Proud to defend independent agencies from executive overreach in our latest SCOTUS filing with @janemanners.bsky.social and Friedman Kaplan LLP.
You can read the full filing here: www.brennancenter.org/sites/defaul...
You can read the full filing here: www.brennancenter.org/sites/defaul...
November 14, 2025 at 7:50 PM
Proud to defend independent agencies from executive overreach in our latest SCOTUS filing with @janemanners.bsky.social and Friedman Kaplan LLP.
You can read the full filing here: www.brennancenter.org/sites/defaul...
You can read the full filing here: www.brennancenter.org/sites/defaul...
Reposted by Sam Breidbart
Proud to stand up for the independence of the Federal Reserve with Historians Council member @janemanners.bsky.social and our partners at the law firms Munger Tolles and Friedman Kaplan.
Read our new brief here: www.brennancenter.org/sites/defaul...
Read our new brief here: www.brennancenter.org/sites/defaul...
October 30, 2025 at 1:55 PM
Proud to stand up for the independence of the Federal Reserve with Historians Council member @janemanners.bsky.social and our partners at the law firms Munger Tolles and Friedman Kaplan.
Read our new brief here: www.brennancenter.org/sites/defaul...
Read our new brief here: www.brennancenter.org/sites/defaul...
Reposted by Sam Breidbart
Jane Manners, a constitutional historian and member of the Brennan Center’s Historians Council, filed an amicus brief with the Supreme Court in Trump v. Cook, arguing that the attempted removal of Federal Reserve Governor Lisa Cook is unlawful www.brennancenter.org/sites/defaul...
www.brennancenter.org
October 29, 2025 at 10:01 PM
Jane Manners, a constitutional historian and member of the Brennan Center’s Historians Council, filed an amicus brief with the Supreme Court in Trump v. Cook, arguing that the attempted removal of Federal Reserve Governor Lisa Cook is unlawful www.brennancenter.org/sites/defaul...
Reposted by Sam Breidbart
📢ICYMI: Today, the New York Court of Appeals unanimously upheld a state law moving many county and town elections outside of New York City to even-numbered years. This is a huge win for New York’s democracy. www.brennancenter.org/our-work/ana...
New York Court of Appeals Rules State’s Even-Year Election Law Constitutional
Today the New York Court of Appeals unanimously upheld a 2023 state law moving many county and town elections outside of New York City from odd to even-numbered years.
www.brennancenter.org
October 16, 2025 at 8:25 PM
📢ICYMI: Today, the New York Court of Appeals unanimously upheld a state law moving many county and town elections outside of New York City to even-numbered years. This is a huge win for New York’s democracy. www.brennancenter.org/our-work/ana...
Reposted by Sam Breidbart
More filings for more cases are in the works as I type. For the latest on the Council, visit our project page, which collects the members' growing list of amicus briefs, highly attended online seminars, and media appearances:
www.brennancenter.org/historians-c...
www.brennancenter.org/historians-c...
Historians Council on the Constitution
www.brennancenter.org
October 11, 2025 at 4:36 PM
More filings for more cases are in the works as I type. For the latest on the Council, visit our project page, which collects the members' growing list of amicus briefs, highly attended online seminars, and media appearances:
www.brennancenter.org/historians-c...
www.brennancenter.org/historians-c...
Reposted by Sam Breidbart
On Friday, Historians Council member @janemanners.bsky.social filed a brief in a D.C. Circuit case challenging the unconstitutional removal of the chair of the Federal Labor Relations Authority -- a key showdown on the scope of presidential power.
Her brief: www.brennancenter.org/sites/defaul...
Her brief: www.brennancenter.org/sites/defaul...
www.brennancenter.org
October 11, 2025 at 4:36 PM
On Friday, Historians Council member @janemanners.bsky.social filed a brief in a D.C. Circuit case challenging the unconstitutional removal of the chair of the Federal Labor Relations Authority -- a key showdown on the scope of presidential power.
Her brief: www.brennancenter.org/sites/defaul...
Her brief: www.brennancenter.org/sites/defaul...
Reposted by Sam Breidbart
On Monday, 4 historians including the Historians Council's @alexkeyssar.bsky.social filed to encourage SCOTUS to reverse a damaging Voting Rights Act decision from the 8th Circuit, in a possible prelude to another critical VRA case this term.
Their brief:
www.brennancenter.org/sites/defaul...
Their brief:
www.brennancenter.org/sites/defaul...
www.brennancenter.org
October 11, 2025 at 4:36 PM
On Monday, 4 historians including the Historians Council's @alexkeyssar.bsky.social filed to encourage SCOTUS to reverse a damaging Voting Rights Act decision from the 8th Circuit, in a possible prelude to another critical VRA case this term.
Their brief:
www.brennancenter.org/sites/defaul...
Their brief:
www.brennancenter.org/sites/defaul...
Reposted by Sam Breidbart
Several amicus filings from members of the @brennancenter.org Historians Council hit court dockets this week. Here's a quick recap of the latest...
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October 11, 2025 at 4:36 PM
Several amicus filings from members of the @brennancenter.org Historians Council hit court dockets this week. Here's a quick recap of the latest...
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Reposted by Sam Breidbart
Jane Manners, a constitutional historian & member of the Brennan Center’s Historians Council, filed an amicus brief in Grundmann v. Trump, a lawsuit challenging President Trump’s removal of the chair of an independent federal agency as unconstitutional www.brennancenter.org/sites/defaul...
www.brennancenter.org
October 10, 2025 at 5:57 PM
Jane Manners, a constitutional historian & member of the Brennan Center’s Historians Council, filed an amicus brief in Grundmann v. Trump, a lawsuit challenging President Trump’s removal of the chair of an independent federal agency as unconstitutional www.brennancenter.org/sites/defaul...
Everyone understood this to be true: the courts, DOJ, even the VRA's detractors! For 60 years one interpretation has been clear -- until some circuit court judges recently started rewriting history. SCOTUS should not go along with them.
Last night, historians weighed in with SCOTUS to set the record straight: Since the beginning, everyone understood that voters can use Section 2 of the Voting Rights Act to challenge discriminatory maps.
Their brief: www.brennancenter.org/sites/defaul...
@alexkeyssar.bsky.social @brennancenter.org
Their brief: www.brennancenter.org/sites/defaul...
@alexkeyssar.bsky.social @brennancenter.org
www.brennancenter.org
October 7, 2025 at 3:21 PM
Everyone understood this to be true: the courts, DOJ, even the VRA's detractors! For 60 years one interpretation has been clear -- until some circuit court judges recently started rewriting history. SCOTUS should not go along with them.
Reposted by Sam Breidbart
Last night, historians weighed in with SCOTUS to set the record straight: Since the beginning, everyone understood that voters can use Section 2 of the Voting Rights Act to challenge discriminatory maps.
Their brief: www.brennancenter.org/sites/defaul...
@alexkeyssar.bsky.social @brennancenter.org
Their brief: www.brennancenter.org/sites/defaul...
@alexkeyssar.bsky.social @brennancenter.org
www.brennancenter.org
October 7, 2025 at 1:01 PM
Last night, historians weighed in with SCOTUS to set the record straight: Since the beginning, everyone understood that voters can use Section 2 of the Voting Rights Act to challenge discriminatory maps.
Their brief: www.brennancenter.org/sites/defaul...
@alexkeyssar.bsky.social @brennancenter.org
Their brief: www.brennancenter.org/sites/defaul...
@alexkeyssar.bsky.social @brennancenter.org
Reposted by Sam Breidbart
The appellate court said voters cannot sue to challenge discriminatory maps under the Voting Rights Act. The brief explains that's wrong, showing that courts, Congress, the Dep't of Justice, private attorneys, and others have long understood that Section 2 allows voters to do just that. 2/2
October 6, 2025 at 10:09 PM
The appellate court said voters cannot sue to challenge discriminatory maps under the Voting Rights Act. The brief explains that's wrong, showing that courts, Congress, the Dep't of Justice, private attorneys, and others have long understood that Section 2 allows voters to do just that. 2/2
Reposted by Sam Breidbart
Today, a group of historians, including Brennan Center Historians Council member @alexkeyssar.bsky.social, filed a brief urging SCOTUS to hear Turtle Mountain Band of Chippewa Indians v. Howe. 1/2 bit.ly/4gUM8mK
October 6, 2025 at 10:09 PM
Today, a group of historians, including Brennan Center Historians Council member @alexkeyssar.bsky.social, filed a brief urging SCOTUS to hear Turtle Mountain Band of Chippewa Indians v. Howe. 1/2 bit.ly/4gUM8mK
Reposted by Sam Breidbart
Amidst many funding cases, it's easy to forget that challenges to the administration's attempted funding freeze are still working their way through the courts. Two amicus briefs filed this week in one of those cases, Woonasquatucket River Watershed Council, highlight the enormity of what's at stake:
October 3, 2025 at 8:46 PM
Amidst many funding cases, it's easy to forget that challenges to the administration's attempted funding freeze are still working their way through the courts. Two amicus briefs filed this week in one of those cases, Woonasquatucket River Watershed Council, highlight the enormity of what's at stake:
Reposted by Sam Breidbart
Unanimous First Circuit takes pains to emphasize that this was an incredibly easy case to decide, despite writing a very long opinion knocking down every ridiculous argument the Trump admin made.
October 3, 2025 at 9:42 PM
Unanimous First Circuit takes pains to emphasize that this was an incredibly easy case to decide, despite writing a very long opinion knocking down every ridiculous argument the Trump admin made.
The 1st Circuit reaching the right result -- and exemplifying ways to use history that are non-originalist. History is not a source of commands (contra originalism) but, when understood properly, it does provide real lessons for prudent decision-making in the present.
BREAKING! 1st Cir. blocks Trump's attempt to end birthright citizenship. Strong, clear close:
October 3, 2025 at 9:31 PM
The 1st Circuit reaching the right result -- and exemplifying ways to use history that are non-originalist. History is not a source of commands (contra originalism) but, when understood properly, it does provide real lessons for prudent decision-making in the present.
Reposted by Sam Breidbart
And for a (fantastic) read on the "lessons of history" and the constitutional threat of Trump's executive order on birthright citizenship, see this amicus brief from @marthasjones.bsky.social and @katemasur.bsky.social:
www.brennancenter.org/media/13981/...
www.brennancenter.org/media/13981/...
October 3, 2025 at 9:21 PM
And for a (fantastic) read on the "lessons of history" and the constitutional threat of Trump's executive order on birthright citizenship, see this amicus brief from @marthasjones.bsky.social and @katemasur.bsky.social:
www.brennancenter.org/media/13981/...
www.brennancenter.org/media/13981/...