Blake Emerson's avatar

Blake Emerson

@blakeprof.bsky.social

1078 followers 431 following 398 posts

Professor of Law, UCLA School of Law.
Administrative law, political theory. Author: The Public’s Law. law.ucla.edu/faculty/faculty-profiles/blake-emerson

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Thomas Zimmer's avatar Thomas Zimmer @thomaszimmer.bsky.social
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Kevin Roberts believes he’s a noble defender of “real America” against a totalitarian “woke,” “globalist” assault from without and within.

“Project 2025” is his declaration of war on multiracial pluralism.

I wrote about his extremist worldview here:

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thomaszimmer.substack.com/p/project-20...

8 replies 146 reposts 288 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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William Baude has a column in NYT today that criticizes its Trump-related opinions while lauding the admin law cases as historically grounded. But history does not support the outcomes. On Jarkesy, see papers.ssrn.com/sol3/papers....

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Haven’t seen a lot of respect for agencies from this court, tbh.

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Happy Independence Day, by the way!

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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This is a really good summary of what the Roberts Court is doing—simultaneous elevation of president and destruction of regulation. This year and last, US public law is fundamentally shifting towards a frightening new (authoritarian) regime.

www.nytimes.com/2024/07/04/u...

4 replies 39 reposts 95 likes

Reposted by Blake Emerson

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Trump v. US is an interesting moment in the court reform debate. Proponents of reform often argue that judiciary shouldn’t have power to resolve dpolitical disputes… which is precisely the reasoning of the Roberts’ opinion. So does the opinion vindicate case for reform or undermine it?

2 replies 0 reposts 0 likes

Reposted by Blake Emerson

Don Moynihan's avatar Don Moynihan @donmoyn.bsky.social
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You can have concerns about Biden's age, but still be absolutely appalled about editorial choices that convey the issue as more important than the Supreme Court offering a pre-emptive thumbs up to a criminal presidency

17 replies 221 reposts 889 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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It’s important to understand that overruling Chevron and granting the president immunity—while apparently in tension—are of a piece. Together, they destroy the administrative structures that channel power and shift all discretion upwards to president. I explain here: papers.ssrn.com/sol3/papers....

0 replies 8 reposts 15 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Trump v. US is one of the most authoritarian decisions I’ve ever read. This is Roberts explaining why the president can’t be prosecuted for various crimes in office. Criminal accountability would take away his power and we can’t have that.

7 replies 16 reposts 75 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Phenomenal analysis. Missed opportunity.

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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“This Hegelian reading of the Borg Queen is very compelling.” - legendary analysis from @jbouie.bsky.social and John Ganz

1 replies 0 reposts 4 likes

Reposted by Blake Emerson

Heidi Kitrosser's avatar Heidi Kitrosser @heidikitrosser.bsky.social
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So bc SCOTUS has bought into unitary exec theory, which it justifies largely in the name of pres accountability, pres may not be held criminally accountable for removing officers bc they won't do crimes. Even if the crimes entail overthrowing the will of the people (i.e., political accountability).

1 replies 1 reposts 3 likes

Reposted by Blake Emerson

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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SCOTUS last week: Chevron is overruled because it’s our job to interpret law! Not the executive branch! SCOTUS today: who’s to say if the president behaved lawfully! 🤷‍♀️

7 replies 117 reposts 516 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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At 1000 followers I will explain how to reverse Loper-Bright, the major questions doctrine, Jarkesy, and the destruction of the administrative state.

1 replies 1 reposts 17 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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I take it back. The parsing of Loper-Bright is worse.

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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After last week's developments in administrative law and the presidential election, I fear the "existential challenge to the administrative state" is accelerating. Check out my forthcoming paper in the Georgetown Law Journal on the developments and how to respond. papers.ssrn.com/sol3/papers....

2 replies 7 reposts 7 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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The good news is I never have to read another exchange about Chevron Step 2 and arbitrary and capricious review.

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Chevron overruled. I suspected they would swing for the fences. This is a huge (and ultimately destructive) shift in the structure American government. Could come in handy if Trump wins, though.

0 replies 1 reposts 2 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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The OPM rule is a remarkable document and it would surely slow down but probably not stop schedule F. But the asymmetric politicization of the issue is dismaying. It’s the inverse of the political environment that generated the Pendleton Act.

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Do you think it’s fair to say the civil service issue is much more salient and motivating on right (deep state, unitary executive), even if public broadly supports civil service? Have heard nothing public from Biden Admin on their laudable efforts to preempt schedule F.

2 replies 0 reposts 5 likes

Reposted by Blake Emerson

Don Moynihan's avatar Don Moynihan @donmoyn.bsky.social
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The thing is, the public does not want Schedule F. Almost 9 in 10 Democrats *and* Republicans support a nonpartisan civil service. They trust civil servants much more than they trust politicians. And they are right, because the civil servants provide more stability, responsiveness and competence.

7 replies 86 reposts 327 likes

Reposted by Blake Emerson

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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BREAKING: NYT headline writers very confused about law

2 replies 1 reposts 5 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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This from @jbouie.bsky.social gets to the heart of the ideological juncture we’re at: MAGA voters identify with Trump as the embodiment of their collective, arbitrary will. The presidency has always carried this risk, but it’s reached its apogee today.

22 replies 188 reposts 618 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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New face of political disengagement just dropped.

1 replies 0 reposts 5 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Saddened and angered by the violence at UCLA last night. Who are these masked “counterdemonstrators” coming to campus to assault students? Were any arrested?

2 replies 3 reposts 10 likes

Reposted by Blake Emerson

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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When it comes to Taylor, the executive branch is highly unitary.

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Can’t wait for Taylor’s bureaucratic turn tomorrow.

1 replies 0 reposts 6 likes

Reposted by Blake Emerson

Samuel Bagg's avatar Samuel Bagg @samuel-bagg.bsky.social
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Thanks to @us.theconversation.com for running my piece about democratizing the bureaucracy! It’s a topical subject thanks to 3 Supreme Court cases that challenge the legitimacy of bureaucratic decision-making. And it highlights some practical implications of my arguments in the book.

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Trump claims he is God-King. Some experts call the claim misleading.

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Getting ready for my 5 y/o’s birthday party tomorrow: “This business will get out of control. It will get out of control and we’ll be lucky to get through it.”

17 replies 25 reposts 644 likes

Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Just started giggling uncontrollably at the phrase “all possible planning” in the statute at issue in Overton Park. Might be losing it.

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Second paragraph quote from, checks notes, Paul Begala is chef’s kiss

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Blake Emerson's avatar Blake Emerson @blakeprof.bsky.social
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Nation craving media capable of meeting the moment gets more of the same.

1 replies 2 reposts 14 likes