Sam Rubinstein
@samrubinstein.bsky.social
Lawyer. Suffering Mets fan. Dog dad. He/him 🏳️🌈
Even with my expectations as low as can be, I continue to be surprised
Exclusive: The U.S. Coast Guard will no longer classify the swastika, nooses and the Confederate flag as hate symbols.
The military service drafted a new policy that classifies them as “potentially divisive.”
The military service drafted a new policy that classifies them as “potentially divisive.”
U.S. Coast Guard will no longer classify swastikas, nooses as hate symbols
The military service, which falls under the Department of Homeland Security, has drafted a new policy that classifies such items “potentially divisive.”
www.washingtonpost.com
November 20, 2025 at 7:14 PM
Even with my expectations as low as can be, I continue to be surprised
Reposted by Sam Rubinstein
NEWS: During a hearing in federal court in VA, prosecutors confirmed that the operative indictment in the case against James Comey was never shown to or voted on by the entire grand jury before it was presented in open court.
Defense counsel argued that’s a complete bar to further prosecution
Defense counsel argued that’s a complete bar to further prosecution
November 19, 2025 at 4:36 PM
NEWS: During a hearing in federal court in VA, prosecutors confirmed that the operative indictment in the case against James Comey was never shown to or voted on by the entire grand jury before it was presented in open court.
Defense counsel argued that’s a complete bar to further prosecution
Defense counsel argued that’s a complete bar to further prosecution
Reposted by Sam Rubinstein
Meanwhile, people unconstitutionally seized or brutalized by ICE agents can’t sue them because there’s no private right of action for them to do that.
Buried inside the deal to reopen government is a provision that would give Senators private right of action to sue for millions in damages over their phone records being analyzed by Jack Smith's team.
news.bloomberglaw.com/us-law-week/...
news.bloomberglaw.com/us-law-week/...
Shutdown Deal Would Let Senators Sue Over Jack Smith Searches
Senators whose phone records were sought by Special Counsel Jack Smith would gain authority to sue for millions in damages under a provision buried in the Senate-advanced deal to reopen the government...
news.bloomberglaw.com
November 10, 2025 at 11:00 PM
Meanwhile, people unconstitutionally seized or brutalized by ICE agents can’t sue them because there’s no private right of action for them to do that.
Reposted by Sam Rubinstein
This is Plessy-like reasoning: www.supremecourt.gov/opinions/25p...
November 6, 2025 at 8:31 PM
This is Plessy-like reasoning: www.supremecourt.gov/opinions/25p...
Hat tip to the defense lawyer who worked this into their closing. Acquittal doesn’t happen without strong advocacy and connecting with jurors.
This is the "felony footlong" patch that the defense displayed in closing arguments in the sandwich guy trial, but it was never introduced in evidence, so jurors were told to disregard.
November 6, 2025 at 7:57 PM
Hat tip to the defense lawyer who worked this into their closing. Acquittal doesn’t happen without strong advocacy and connecting with jurors.
Reposted by Sam Rubinstein
If the sandwich don’t split, you must acquit
Defense says that the officer's testimony was "very questionable" because he said the sandwich both exploded in spray of mustard and onions and also landed in its wrapper on the ground.
November 5, 2025 at 8:29 PM
If the sandwich don’t split, you must acquit
Reposted by Sam Rubinstein
Virginia's Jim Crow constitution banned voting for life for felonies.
Recent Dem governors used clemency power to restore voting rights after prison, but Youngkin revived the lifetime ban.
Spanberger can now undo that, & Dems can again pass an amendment to make that restoration policy permanent
Recent Dem governors used clemency power to restore voting rights after prison, but Youngkin revived the lifetime ban.
Spanberger can now undo that, & Dems can again pass an amendment to make that restoration policy permanent
Dems winning in Virginia will directly lead to thousands regaining the right to vote.
Spanberger can reverse GOP Gov. Glenn Youngkin's reinstatement of a Jim Crow-era lifetime voting ban for felonies.
Dem lawmakers can also put a constitutional amendment on next year's ballot to permanently end it
Spanberger can reverse GOP Gov. Glenn Youngkin's reinstatement of a Jim Crow-era lifetime voting ban for felonies.
Dem lawmakers can also put a constitutional amendment on next year's ballot to permanently end it
BREAKING: Democrat Abigail Spanberger flips control of the Virginia governorship, becoming the first woman to lead the state, NBC News projects. nbcnews.to/47Ljn7Z
November 5, 2025 at 1:39 AM
Virginia's Jim Crow constitution banned voting for life for felonies.
Recent Dem governors used clemency power to restore voting rights after prison, but Youngkin revived the lifetime ban.
Spanberger can now undo that, & Dems can again pass an amendment to make that restoration policy permanent
Recent Dem governors used clemency power to restore voting rights after prison, but Youngkin revived the lifetime ban.
Spanberger can now undo that, & Dems can again pass an amendment to make that restoration policy permanent
Reposted by Sam Rubinstein
Texas has a special election for Sylvester Turner's seat (TX-18), a full seven months after he died, because Abbott capriciously delayed it.
A simple, long overdue reform would be for Congress to mandate by federal law how soon after a vacancy special elections have to happen.
A simple, long overdue reform would be for Congress to mandate by federal law how soon after a vacancy special elections have to happen.
November 4, 2025 at 8:31 PM
Texas has a special election for Sylvester Turner's seat (TX-18), a full seven months after he died, because Abbott capriciously delayed it.
A simple, long overdue reform would be for Congress to mandate by federal law how soon after a vacancy special elections have to happen.
A simple, long overdue reform would be for Congress to mandate by federal law how soon after a vacancy special elections have to happen.
If Dems ever take control in DC again, a top priority needs to be a legislative fix to Bivens/1983 that allows damages suits against federal officers to enforce the constitution.
It's impossible to overstate how much of what ICE is doing on the ground reflects this completely preposterous conflation of hostile *speech* and hostile *conduct.*
The First Amendment protects—or, at least, is supposed to protect—the former up and until it's a "true threat," which none of this is.
The First Amendment protects—or, at least, is supposed to protect—the former up and until it's a "true threat," which none of this is.
From Bovino's deposition: (1) he calls protestors "violent" if they articulate views hostile to ICE, even if no violence is manifested; (2) he instructs his forces to attack and arrest protestors who express "hyperbolic comments," which is to say, criticism of ICE and Bovino.
November 4, 2025 at 5:26 PM
If Dems ever take control in DC again, a top priority needs to be a legislative fix to Bivens/1983 that allows damages suits against federal officers to enforce the constitution.
Reposted by Sam Rubinstein
#BREAKING: In the Illinois National Guard case, #SCOTUS is asking for additional briefing on one of the key substantive questions (and one flagged by my Georgetown colleague @martylederman.bsky.social in an amicus brief):
Among other things, this means no ruling until *at least* the week of 11/17.
Among other things, this means no ruling until *at least* the week of 11/17.
October 29, 2025 at 7:31 PM
#BREAKING: In the Illinois National Guard case, #SCOTUS is asking for additional briefing on one of the key substantive questions (and one flagged by my Georgetown colleague @martylederman.bsky.social in an amicus brief):
Among other things, this means no ruling until *at least* the week of 11/17.
Among other things, this means no ruling until *at least* the week of 11/17.
Reposted by Sam Rubinstein
Wow. "Months after law firms made deals with President Trump to ward off punitive executive orders, the ethics committee of the District of Columbia Bar is warning that such arrangements may require firms to drop or obtain waivers from all clients who have interests at odds with the government."
After Law Firm Deals With Trump, D.C. Bar Warns of Ethical Jeopardy
www.nytimes.com
October 28, 2025 at 10:55 PM
Wow. "Months after law firms made deals with President Trump to ward off punitive executive orders, the ethics committee of the District of Columbia Bar is warning that such arrangements may require firms to drop or obtain waivers from all clients who have interests at odds with the government."
Reposted by Sam Rubinstein
The unanimous panel includes two Republican appointees — Judges Ilana Rovner (GHWB) and Amy St. Eve (Trump) — and one Democratic appointee — Judge David Hamilton (Obama).
Per curiam (unsigned) order: storage.courtlistener.com/recap/gov.us...
Per curiam (unsigned) order: storage.courtlistener.com/recap/gov.us...
October 16, 2025 at 7:54 PM
The unanimous panel includes two Republican appointees — Judges Ilana Rovner (GHWB) and Amy St. Eve (Trump) — and one Democratic appointee — Judge David Hamilton (Obama).
Per curiam (unsigned) order: storage.courtlistener.com/recap/gov.us...
Per curiam (unsigned) order: storage.courtlistener.com/recap/gov.us...
Reposted by Sam Rubinstein
Truly horrified by this order in way that is deeper and darker than I have felt over many truly awful merits decisions.
"SCOTUS allows Trump admin to deport people to random countries with no notice"
Honestly still can't believe that I wrote this headline today, let alone that the U.S. Supreme Court's majority did so.
Honestly still can't believe that I wrote this headline today, let alone that the U.S. Supreme Court's majority did so.
SCOTUS allows Trump admin to deport people to random countries with no notice
Justice Sotomayor called the order a "gross ... abuse" of the court's authority. Also: Law Dork in the media.
www.lawdork.com
June 24, 2025 at 3:02 AM
Truly horrified by this order in way that is deeper and darker than I have felt over many truly awful merits decisions.
Reposted by Sam Rubinstein
The JCPOA was one of the greatest diplomatic achievements of the 21st century. Multiple nations, several powerful blocks, a ton of oversight and the entire time diplomats were working it out domestic American media & politicians were demonizing it, lying about it, and trying to sabotage it. They won
Reminder that none of this would've been possible if not for the neocons manipulating Trump's hatred of Obama to kill the JCPOA. From there, safeguards became unconstrained enrichment and all the scary things they're trotting out became possible.
Be careful buying what these guys are still selling.
Be careful buying what these guys are still selling.
June 22, 2025 at 5:38 AM
The JCPOA was one of the greatest diplomatic achievements of the 21st century. Multiple nations, several powerful blocks, a ton of oversight and the entire time diplomats were working it out domestic American media & politicians were demonizing it, lying about it, and trying to sabotage it. They won
Reposted by Sam Rubinstein
A federal judge has blocked President Trump from deploying members of the California National Guard to Los Angeles and ordered the administration to return control of the forces to Gov. Gavin Newsom.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
June 13, 2025 at 12:59 AM
A federal judge has blocked President Trump from deploying members of the California National Guard to Los Angeles and ordered the administration to return control of the forces to Gov. Gavin Newsom.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Personal update: in August I’ll complete a fed district clerkship in Tacoma, WA and in Fall 2026 I’ll start a Ninth Circuit clerkship, also in WA. I’m looking for work in between. I have four years’ litigation experience. If you know a firm or organization that would be a good fit please reach out!
June 4, 2025 at 5:29 PM
Personal update: in August I’ll complete a fed district clerkship in Tacoma, WA and in Fall 2026 I’ll start a Ninth Circuit clerkship, also in WA. I’m looking for work in between. I have four years’ litigation experience. If you know a firm or organization that would be a good fit please reach out!
Reposted by Sam Rubinstein
Current mood
January 25, 2025 at 10:57 PM
Current mood
Is there a way to lock your account on here? I’m getting so many spam bot follows
January 4, 2025 at 8:22 PM
Is there a way to lock your account on here? I’m getting so many spam bot follows
Me: finally does meal prep for the week so I can stop spending money on takeout
Also me: eats the dinner I cooked for myself and is still incredibly hungry, and orders more food in
Also me: eats the dinner I cooked for myself and is still incredibly hungry, and orders more food in
July 5, 2023 at 1:02 AM
Me: finally does meal prep for the week so I can stop spending money on takeout
Also me: eats the dinner I cooked for myself and is still incredibly hungry, and orders more food in
Also me: eats the dinner I cooked for myself and is still incredibly hungry, and orders more food in
Ladybug says happy fourth!
July 4, 2023 at 7:34 PM
Ladybug says happy fourth!
Now all we need is circles on here
July 3, 2023 at 11:37 PM
Now all we need is circles on here
Reposted by Sam Rubinstein
This law criminalized the League of Women Voters' century-long efforts to register people to vote, and while I am incredibly exhausted with our organization's funds being spent almost entirely on fighting unconstitutional laws aimed at eliminating our existence, I'm proud that we're winning.
July 3, 2023 at 7:55 PM
This law criminalized the League of Women Voters' century-long efforts to register people to vote, and while I am incredibly exhausted with our organization's funds being spent almost entirely on fighting unconstitutional laws aimed at eliminating our existence, I'm proud that we're winning.
Reposted by Sam Rubinstein
I can’t lose twitter it’s where 25% of gay men meet
July 1, 2023 at 11:35 PM
I can’t lose twitter it’s where 25% of gay men meet