Evan Bernick, a finite mode with a floof's avatar

Evan Bernick, a finite mode with a floof

@evanbernick.bsky.social

794 followers 250 following 2015 posts

Associate Prof at Northern Illinois University College of Law. Constitutional law, criminal law, abolition, philosophy, hoops, puppies (esp. Argo the Floof): He/him.

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

I agree. My point is only that the self-conception if true doesn’t make their actual behavior any better, and some of the criticism seems to rest on the premise that it somehow must.

0 replies 0 reposts 1 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

It’s possible you’re talking about different subject matter and are not even disagreeing.

0 replies 0 reposts 1 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Don’t misunderstand: It is not justifiable for Will to grant that most of the Court’s decisions are just fine except for these outliers. He is wrong about that. But if your model of judging can’t account for well motivated bad behavior, you’ll miss a lot.

1 replies 0 reposts 0 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

It is possible and I think probable that a majority of the Justices think that they’re doing law all the time and are not in fact doing law most of the time. IMO that is a more pernicious and intractable problem than bad faith.

2 replies 0 reposts 0 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Will is not a realist and is think trying (naively) to encourage legalist judges to be better. In so doing he paints a far too romantic picture of their actual behavior. But his account of their self-understanding is more plausible than I think he’s being credit for.

1 replies 0 reposts 2 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

You can be a hardcore legal realist who thinks law is made up and also that the people who making it up think they’re doing law. In fact that is exactly what most of the original realists thought.

1 replies 0 reposts 2 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

I read the Will Baude column, and I disagree with a lot of it. I do, however, continue to think that it is important to understand that people—including powerful judges—are capable of doing a great deal of harm with good intentions, and to describe them is not to endorse them or excuse them.

1 replies 0 reposts 4 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

little-known fact: Larry is the oldest continuously operating constitution in the world

1 replies 1 reposts 6 likes

Reposted by Evan Bernick, a finite mode with a floof

Katharine Hayhoe's avatar Katharine Hayhoe @katharinehayhoe.com
[ View ]

excellent choice.

11 replies 42 reposts 309 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Warning: Objects in mirror are floofier than they puppear

0 replies 1 reposts 9 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Warning: Objects in mirror are floofier than they puppear

0 replies 1 reposts 9 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Joined by Sykes!

0 replies 0 reposts 2 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

will not put pup with these unconstitutional conditions

1 replies 0 reposts 1 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Yes, henlo hooman. I would like to haz a long confursation about teh sky booms.

2 replies 0 reposts 6 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Pawtriotism is compawlicated but Argo is having a happ floof of July

1 replies 1 reposts 10 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

The Paw of Justice

0 replies 0 reposts 1 likes

Reposted by Evan Bernick, a finite mode with a floof

Gavin, Small Beer, long covid, &c. 's avatar Gavin, Small Beer, long covid, &c. @gavingrant.bsky.social
[ View ]

Someone else immune to prosecution

32 replies 60 reposts 672 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Pawtriotism is compawlicated but Argo is having a happ floof of July

1 replies 1 reposts 10 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

HOOMAN. Wat is dis I hear about sky booms?!

2 replies 1 reposts 14 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Furtunately his big floofy ear flaps screen out most of the noise

0 replies 0 reposts 0 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

HOOMAN. Wat is dis I hear about sky booms?!

2 replies 1 reposts 14 likes

Reposted by Evan Bernick, a finite mode with a floof

Boston Review's avatar Boston Review @bostonreview.bsky.social
[ View ]

The state can make us more prone to care for one another and collaborate—or more inclined to compete for seemingly scarce resources, more mistrustful and afraid.

@lhh.bsky.social and @astra.bsky.social on on what a "solidarity state" could look like:

1 replies 20 reposts 41 likes

Reposted by Evan Bernick, a finite mode with a floof

Kevin Collins's avatar Kevin Collins @kwcollins.bsky.social
[ View ]

The answer to political anxiety is political organizing.

17 replies 184 reposts 739 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Objects in camera are way too floofy to fully capture

0 replies 0 reposts 0 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

When the hooman won’t let u drive so u angry

1 replies 0 reposts 2 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Some Robert Cover to consider in light of some recent decisions

1 replies 5 reposts 18 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

We shouldn’t think of law as always or even mostly a limitation on violence. At its best it is some violence for the sake of ultimately less violence. It always has a repressive edge. Quite often it is not at its best.

0 replies 0 reposts 2 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Cover’s focus was criminal law but the point generalizes. Law expresses, encodes, and distributes state power, and state power includes (though is not limited to) violence. The *intended* effect of the immunity decision is to redistribute control over violence—away from Congress, to the President.

1 replies 1 reposts 4 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Some Robert Cover to consider in light of some recent decisions

1 replies 5 reposts 18 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

The variance with her is astounding.

0 replies 0 reposts 1 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

“just somewhat unchecked”

0 replies 1 reposts 0 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

When u hear a vicious rumor that somepawdy else is the good boi

0 replies 1 reposts 6 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Just happy your correctness is free, carry on

0 replies 0 reposts 1 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Someone woke up and chose legal realism

1 replies 0 reposts 2 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

When u hear a vicious rumor that somepawdy else is the good boi

0 replies 1 reposts 6 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

They do move in herds

0 replies 0 reposts 1 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

When bol is life

1 replies 4 reposts 19 likes

Reposted by Evan Bernick, a finite mode with a floof

Mr. Am I Being Detained 's avatar Mr. Am I Being Detained @gonebabygone.bsky.social
[ View ]

Just a funny comic for pals to read!!

8 replies 138 reposts 603 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

When bol is life

1 replies 4 reposts 19 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Also I’m coining the anti-cannibalism canon right now

1 replies 0 reposts 0 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

This is so glaringly obviously a policy judgment about which reasonable minds could differ and it’s articulated as it if it’s a clear constitutional command

2 replies 0 reposts 0 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Creedal constitutionalism plus judicial supremacy plus bad democratic theory equals bad, democratically disempowering governance. We do have a power problem, it’s just not the one that a majority of very powerful judges is concerned with.

0 replies 2 reposts 5 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

Which in turn is dressed up in rhetoric about how the Constitution inexorably commands all of this, which is bad for democracy not only because it is untrue but because it is nontransparent and it’s quite difficult to do anything about it.

1 replies 1 reposts 3 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

This isn’t a one-off thing. It’s part of a larger project of aggrandizing judicial power over the metes and bounds of executive power at Congress’s expense, to the benefit of the President, based on wildly bad democratic theory.

1 replies 1 reposts 7 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

To borrow a phrase, it’s about power. Not just the President’s—the Court’s.

1 replies 0 reposts 5 likes

Evan Bernick, a finite mode with a floof's avatar Evan Bernick, a finite mode with a floof @evanbernick.bsky.social
[ View ]

It’s not so much that I expected better, it’s just that the formal legal reasons that Morrison is supposedly bad apply in full force to what a Morrison-hating majority just did. Which suggests that hey maybe they’re not actually decisive.

1 replies 1 reposts 2 likes