Luke Smith Morgan
@slukemorgan.bsky.social
law professor. democracy. constitutional doctrine. solarpunk enthusiast. hoops. dad.
my opinions are solely my own and not attributable to anyone else.
ssrn: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=6381985
my opinions are solely my own and not attributable to anyone else.
ssrn: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=6381985
Pinned
I can’t say it enough: U.S. culture is scam culture. It pervades everything we do. We don’t notice it because it’s the water we swim in. A party would do well to remind everybody how awful this is and propose to fix it.
I think Democrats should offer voters a broadly defined anti-fraud platform. Yes, obviously, start with Trump’s influence peddling, but don’t stop there. Online fraud is massive, almost every phone call you get is a scam, and the solution has to be federal or it just won’t work.
increasingly toying with the idea that this is the root of all "rule of law" issues. A democratic theory of the rule of law should begin with the idea that the rule of law emerges from the average citizen's lived experience. And that experience today is being ruthlessly ripped off at all times.
Reposted by Luke Smith Morgan
The Supreme Court had three religious freedom cases last Term. With @richschragger.bsky.social and @nelsontebbe.bsky.social, our latest comments on them, extending our analysis of religious preferentialism under the First Amendment.
harvardlawreview.org/print/vol-13...
harvardlawreview.org/print/vol-13...
The Structure of Religious Preference - Harvard Law Review
A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause.
harvardlawreview.org
November 11, 2025 at 1:48 AM
The Supreme Court had three religious freedom cases last Term. With @richschragger.bsky.social and @nelsontebbe.bsky.social, our latest comments on them, extending our analysis of religious preferentialism under the First Amendment.
harvardlawreview.org/print/vol-13...
harvardlawreview.org/print/vol-13...
lol
By a vote of 76-24, the Senate agreed to the motion to table the Paul amendment to strike a provision modifying the definition of hemp for purposes of the Agricultural Marketing Act of 1946.
November 11, 2025 at 1:18 AM
lol
Between this and the student loan changes tossed into the last funding bill with zero public discussion or debate I'm rapidly becoming radicalized on "one subject per bill" rule, which I always thought was kind of silly
A specific brand of Small Business Guy that has flourished in the past few years even in fully criminalized states is about to get nuked by this.
of all the things about this deal that are pissing me off this might have pissed me off the most
November 10, 2025 at 2:37 PM
Between this and the student loan changes tossed into the last funding bill with zero public discussion or debate I'm rapidly becoming radicalized on "one subject per bill" rule, which I always thought was kind of silly
Judging books by their covers has rarely led me astray. I saw this sitting in a book store in Oak Park and all I got from the back was sci fi / fantasy and Arthurian legend.
Not sure I've ever been so immediately just flat-out bought into and charmed by a book. About 75% done
Not sure I've ever been so immediately just flat-out bought into and charmed by a book. About 75% done
November 10, 2025 at 2:30 PM
Judging books by their covers has rarely led me astray. I saw this sitting in a book store in Oak Park and all I got from the back was sci fi / fantasy and Arthurian legend.
Not sure I've ever been so immediately just flat-out bought into and charmed by a book. About 75% done
Not sure I've ever been so immediately just flat-out bought into and charmed by a book. About 75% done
Reposted by Luke Smith Morgan
Leave it to dems to fold a winning hand. Can’t make this up.
November 10, 2025 at 2:56 AM
Leave it to dems to fold a winning hand. Can’t make this up.
hoo hoo hoo hoosiers
Omar Cooper Jr.'s insane touchdown catch to put Indiana ahead 27-24 over Penn State may have been what finally broke Gus Johnson.
November 9, 2025 at 12:14 PM
hoo hoo hoo hoosiers
Reposted by Luke Smith Morgan
My new article "Immigration is Not Invasion" is now up on SSRN. It comprehensively explains why illegal migration and drug smuggling do not qualify as "invasion" under the Constitution and the Alien Enemies Act of 1798: papers.ssrn.com/sol3/papers....
Immigration is Not Invasion
<div>
In recent years, state governments and the second Trump Administration have increasingly advanced the argument that illegal migration and cross-border dr
papers.ssrn.com
November 6, 2025 at 4:42 PM
My new article "Immigration is Not Invasion" is now up on SSRN. It comprehensively explains why illegal migration and drug smuggling do not qualify as "invasion" under the Constitution and the Alien Enemies Act of 1798: papers.ssrn.com/sol3/papers....
I'm in a $41 Uber ride and my driver just told me she's getting $14. (And that Uber removed their ability to see how much customers are paying). Unreal.
November 8, 2025 at 6:43 PM
I'm in a $41 Uber ride and my driver just told me she's getting $14. (And that Uber removed their ability to see how much customers are paying). Unreal.
Chicago is really just like "here's what a city should look like, by the way"
November 8, 2025 at 12:53 AM
Chicago is really just like "here's what a city should look like, by the way"
Reposted by Luke Smith Morgan
Reposted by Luke Smith Morgan
Law Profs teaching First Amendment: I have put together a FREE, recently updated, and easy to use casebook for use in free speech classes. If you are interested in using such a casebook, send me an email or DM and I would be happy to share!
November 7, 2025 at 3:31 PM
Law Profs teaching First Amendment: I have put together a FREE, recently updated, and easy to use casebook for use in free speech classes. If you are interested in using such a casebook, send me an email or DM and I would be happy to share!
Can't fly to the con law conference because of government shutdown... there's a first amendment violation here somewhere.
November 7, 2025 at 3:13 AM
Can't fly to the con law conference because of government shutdown... there's a first amendment violation here somewhere.
My friend Gabby Cherney's short film, "Voicemails from My Dad," is now available on YouTube and I highly recommend you drop what you're doing and spend five minutes watching it. It is bottled joy.
Voicemails From My Dad
YouTube video by Chabe
youtu.be
November 7, 2025 at 1:01 AM
My friend Gabby Cherney's short film, "Voicemails from My Dad," is now available on YouTube and I highly recommend you drop what you're doing and spend five minutes watching it. It is bottled joy.
It was silly of Joe Biden not to simply tweet that he was forgiving student loan debt in order to improve our foreign relations
Here's the majority's entire discussion of the balance of equities: "And the District Court’s grant of class-wide relief enjoins enforcement of an Executive Branch policy with
foreign affairs implications concerning a Government document." They're not even trying.
foreign affairs implications concerning a Government document." They're not even trying.
mais bien sûr
November 6, 2025 at 11:42 PM
It was silly of Joe Biden not to simply tweet that he was forgiving student loan debt in order to improve our foreign relations
Reposted by Luke Smith Morgan
Here's the majority's entire discussion of the balance of equities: "And the District Court’s grant of class-wide relief enjoins enforcement of an Executive Branch policy with
foreign affairs implications concerning a Government document." They're not even trying.
foreign affairs implications concerning a Government document." They're not even trying.
mais bien sûr
BREAKING: #SCOTUS lifts block on Trump policy mandating U.S. passports show gender at birth. Apparent 6-3 ruling. Jackson dissents for liberals. Doc: www.documentcloud.org/documents/26...
November 6, 2025 at 8:36 PM
Here's the majority's entire discussion of the balance of equities: "And the District Court’s grant of class-wide relief enjoins enforcement of an Executive Branch policy with
foreign affairs implications concerning a Government document." They're not even trying.
foreign affairs implications concerning a Government document." They're not even trying.
Marx never considered this
pretty impressive example of the effect of propaganda that tesla shareholders at the annual meeting just booed the NYS comptroller for proposing that Tesla repeal a new bylaw that makes it effectively impossible for regular shareholders to sue the company
November 6, 2025 at 10:11 PM
Marx never considered this
Directionally yes, obviously; but this is just a function of Australia having a smaller population than Texas with the same landmass as the continental US. We have more than 6,000 times the total solar capacity of Australia.
i am much more concerned with falling behind the rest of the world in this than i am falling behind in chatbot technology
Australia has so much electricity from solar power that it is going to start offering free electricity to everyone for at least three hours during the day as the wholesale price of power goes negative
electrek.co/2025/11/04/a...
electrek.co/2025/11/04/a...
November 6, 2025 at 5:59 PM
Directionally yes, obviously; but this is just a function of Australia having a smaller population than Texas with the same landmass as the continental US. We have more than 6,000 times the total solar capacity of Australia.
Reposted by Luke Smith Morgan
But Congress has the power to set the "Times, Places, and Manner" of federal elections, and what we need here is a federal statute that, as in 1842, declares a truce and stops partisan gerrymandering.
Ideally, before we reach the point of zero CA Republicans and zero TX Democrats.
Ideally, before we reach the point of zero CA Republicans and zero TX Democrats.
November 5, 2025 at 5:46 PM
But Congress has the power to set the "Times, Places, and Manner" of federal elections, and what we need here is a federal statute that, as in 1842, declares a truce and stops partisan gerrymandering.
Ideally, before we reach the point of zero CA Republicans and zero TX Democrats.
Ideally, before we reach the point of zero CA Republicans and zero TX Democrats.
retvrn of dark woke Gorsuch
sdklfj Gorsuch asked a question like, so if the pres unliterally declared a 50% tariff on all gas-powered vehicles to respond to the unusual & extraordinary threat of global warming?
DOJ says well we'd say that's a hoax & not a threat
Gorsuch dripping w condescension goes I'm sure you would lmao
DOJ says well we'd say that's a hoax & not a threat
Gorsuch dripping w condescension goes I'm sure you would lmao
November 5, 2025 at 4:25 PM
retvrn of dark woke Gorsuch
Reposted by Luke Smith Morgan
What so many of his detractors miss is that his authenticity, not his policies, is his central appeal. His opponents trying to make him the face of the party will backfire.
I have actually not seen Mamdani give a formal speech and what I’ll say is that unlike so many of his peers he is not trying to mimic anyone in his delivery. He is simply being himself and it is very effective.
I’ve been interested in political speeches for as long as I can remember. I’ve listened to nearly every inaugural and major address, and I’ve given tons of public speeches myself.
Zohran’s talent in this arena ranks among the best. He’s damn good. Hella good. Remarkably good.
Crazy to watch.
Zohran’s talent in this arena ranks among the best. He’s damn good. Hella good. Remarkably good.
Crazy to watch.
November 5, 2025 at 4:22 PM
What so many of his detractors miss is that his authenticity, not his policies, is his central appeal. His opponents trying to make him the face of the party will backfire.
Last year North Carolina passed a totally unnecessary state constitutional amendment that, read precisely, restricts the franchise to people who are exactly 18 years old.
Meanwhile in texas we added a bunch of dumb amendments to the state constitution preventing tax raises on rich people and banning non citizen voting, a thing that is already illegal
November 5, 2025 at 1:38 PM
Last year North Carolina passed a totally unnecessary state constitutional amendment that, read precisely, restricts the franchise to people who are exactly 18 years old.
Reposted by Luke Smith Morgan
"Politics is not something done to us, now it is something we do"
November 5, 2025 at 4:30 AM
"Politics is not something done to us, now it is something we do"
Reposted by Luke Smith Morgan
Inbox— next cover of the New Yorker: “Mayor Mamdani,” by Edel Rodriguez
November 5, 2025 at 3:19 AM
Inbox— next cover of the New Yorker: “Mayor Mamdani,” by Edel Rodriguez
Reposted by Luke Smith Morgan
American left-wing patriotism is Jewish guys signing Christian anti-slavery hymns about the first Muslim mayor of New York and I think that’s beautiful
LET THE HERO BORN OF WOMAN CRUSH THE SERPENT WITH HIS HEEL
November 5, 2025 at 3:09 AM
American left-wing patriotism is Jewish guys signing Christian anti-slavery hymns about the first Muslim mayor of New York and I think that’s beautiful
For the New York Times, truly incomprehensible violence being done to logic
November 5, 2025 at 2:17 AM
For the New York Times, truly incomprehensible violence being done to logic