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travisatchley.bsky.social
@travisatchley.bsky.social
Reposted
Sotomayor: "Given its conduct in these proceedings, the Government’s posture resembles that of the arsonist who calls 911 to report firefighters for violating a local noise ordinance."
June 23, 2025 at 8:38 PM
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Walz: If you say you love freedom but you don't believe freedom is for everybody, then the thing you love is not freedom, it is privilege.
April 24, 2025 at 12:23 AM
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"This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear."
April 17, 2025 at 6:51 PM
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Thanks to @umichlaw.bsky.social for doing an author Q&A on my recent article "The New Substantive Due Process!"

Q&A here: michigan.law.umich.edu/news/5qs-lea...

Full (Texas Law Review) article here: texaslawreview.org/the-new-subs....
5Qs: Leah Litman on SCOTUS and the Rise of the “New Substantive Due Process” | University of Michigan Law School
The US Supreme Court has upended the traditional understanding of substantive due process in recent rulings, Professor Leah Litman, ’10, argues in a new paper.
michigan.law.umich.edu
March 7, 2025 at 3:57 PM
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It does not always take a theory to beat a theory. Not in the “hard” sciences, not in the “soft” sciences, nowhere. We can and should live with a bit of messiness rather than adopt elegant but systematically wrong accounts of phenomena just because they seem more complete.
March 1, 2025 at 6:19 PM
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I regret to report that Ilan Wurman has filed a brief telling our SCt that there's "abundant historical support" for nondelegation doctrine in the 18c materials.

I confess to having have some follow-up Qs. But for calibration, I'd like to start w/evidence cited in the brief. 1/
February 20, 2025 at 12:01 AM
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Führerprinzip.
February 15, 2025 at 6:38 PM
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“No American can be proud of a govt that carries out change in this way. Neither can these actions be rationalized by discussion of past grievances or appeals to efficiency. Everything can be more efficient, but adherence to the rule of law is paramount” www.americanbar.org/news/abanews...
The ABA supports the rule of law
It has been three weeks since Inauguration Day. Most Americans recognize that newly elected leaders bring change. That is expected. But most Americans also expect that changes will take place in accor...
www.americanbar.org
February 11, 2025 at 12:44 PM
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New from Professor @leahlitman.bsky.social:

The New Substantive Due Process

Out now in Texas Law Review: bit.ly/Litman_NSDP
February 5, 2025 at 3:43 PM
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(1/2) My article "The New Substantive Due Process" is out in Texas Law Review!
It argues SCOTUS has generated a freewheeling jurisprudence centered around poorly defined, contestable notions of liberty- which it's using to refashion institutions of the admin state texaslawreview.org/wp-content/u...
February 4, 2025 at 7:35 PM
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Former Secretary of Transportation--who was not on The Real World or Road Rules--weighs in on the President's efforts to blame the fatal air traffic accident on DEI.
January 30, 2025 at 5:36 PM
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To play this out, there will be literally dozens of lawsuits challenging what OMB is doing on the ground that it violates the Impoundment Control Act of 1974. Trump’s DOJ will argue that the Act is unconstitutional. And this will quickly get to #SCOTUS, where it will be the biggest case of the term.
January 28, 2025 at 2:53 AM
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NEW — OMB temporarily pauses all agency grants and loans programs.

Per copy of memo: "The use of Federal resources to advance Marxist equity, transgenderism, and green new deal social engineering policies is a waste of taxpayer dollars that does not improve the day-to-day lives of those we serve."
January 27, 2025 at 11:04 PM
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January 20, 2025 at 2:57 AM
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For the first time in American history, servicemembers today can be court-martialed for certain offenses *without* a right to be tried by a panel.

We're asking #SCOTUS to decide whether the "short-martial" Congress debuted in 2019 violates the Due Process Clause:

georgetown.box.com/v/WheelerPet...
December 20, 2024 at 1:14 PM
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I’ve never seen or heard of this before. The en banc CA5 affirms after it finds itself unable to issue an opinion.

www.ca5.uscourts.gov/opinions/pub...
December 11, 2024 at 6:27 PM
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Hot off the e-presses:

The December 2024 issue of the Harvard Law Review, including me on "A Court of First View"—which studies how and why #SCOTUS has been reaching the merits of more cases at ever-earlier stages of litigation, and why that's not a good thing:

harvardlawreview.org/wp-content/u...
December 12, 2024 at 2:44 AM
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“There are no rules” is key to my #LegalWriting philosophy. There are choices and consequences and it is important to understand them.
Time to make people angry again!

- It’s okay if you don’t write every day
- First drafts don’t have to be crap
- You don’t have to outline
- You don’t have to use beta readers
- Sometimes telling instead of showing is fine

Fuck all the writing “rules” they tell you about. There are no rules.
December 10, 2024 at 1:35 AM
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Bravo for @harrylitman.bsky.social’s selfless decision to resign the LA Times in protest. “The existential stakes for our democracy that Trump’s second term poses” make Soon-Shiong’s “currying favor with the President-elect . . . repugnant and dangerous.”
harrylitman.substack.com/p/why-i-just...
Why I Just Resigned From The Los Angeles Times
By Harry Litman
harrylitman.substack.com
December 5, 2024 at 5:55 PM
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While we’re at it, read about this exciting @ij.org case challenge #QualifiedImmunity. Early next year, the Supreme Court will decide whether to hear the case, which presents a clear circuit split on #WrongHouseRaids. Via @reason.com:

reason.com/2024/03/21/t...
Texas SWAT team held innocent family at gunpoint after raiding the wrong home
The officers are avoiding accountability after getting qualified immunity.
reason.com
December 4, 2024 at 12:45 AM