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Paul Gowder@paulgowder.bsky.social |
1801 followers 1868 following 1161 posts
Law prof (& associate dean of research, eeek) @ Northwestern law, political theorist, occasional programmer, cat parent. Black lives still matter. gowder.io
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David Noll
@david.noll.org
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Just in time for July 4, my colleague Sarah Swan has posted her stunning new paper (forthcoming in Yale Law Journal) on police suing people they are supposed to protect.
papers.ssrn.com/sol3/papers....
1 replies 34 reposts 60 likes
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Paul Gowder
@paulgowder.bsky.social
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the long years of tory misrule have finally come to an end
1 replies 0 reposts 2 likes
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Jonathan Ladd
@jonmladd.bsky.social
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Alexander Hamilton, Federalist 69
avalon.law.yale.edu/18th_century...
7 replies 41 reposts 91 likes
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Moira Donegan
@moiradonegan.bsky.social
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Not to be corny but I do think the ongoing aspiration to make America a pluralist democracy of equals is righteous, beautiful, and worth honoring, even if it has more often been the struggle of minorities & dissenters than the policy of the government. šŗšø
22 replies 357 reposts 1645 likes
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Sarah J. Jackson
@sjjphd.bsky.social
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I will bring this one back every year
4 replies 92 reposts 197 likes
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Leon āLeeā Grayhare
@grayharetherabbit.bsky.social
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Thereās a really fascinating Boston Review that explores the Black Radical writing about authoritarianism & the fascist tradition in the US
www.bostonreview.net/articles/lon...
2 replies 13 reposts 35 likes
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b-boy bouiebaisse
@jbouie.bsky.social
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this entire crusade against diversity in hiring and admissions is based on the supposition that all white men are necessarily more qualified than any nonwhite person or woman who might be considered for the job. like, this lawsuit more or less states that outright.
54 replies 508 reposts 2066 likes
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Paul Gowder
@paulgowder.bsky.social
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I'm dying to see it!
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Paul Gowder
@paulgowder.bsky.social
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0 replies 5 reposts 32 likes
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Marcia McCormick
@marciamccormick.bsky.social
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Awesome quote by @paulgowder.bsky.social in here. "Absolute racist garbage . . . ." And again, Jonathan Mitchell is awful.
1 replies 4 reposts 15 likes
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Gautam Hans
@gshans.bsky.social
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You'll have to read the WaPo piece for this entirely accurate take from @paulgowder.bsky.social that this lawsuit is racist garbage. www.washingtonpost.com/education/20...
1 replies 27 reposts 55 likes
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Paul Gowder
@paulgowder.bsky.social
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what if you're a constitutional law professor š
1 replies 0 reposts 3 likes
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Leanne C. Powner
@leannecpowner.bsky.social
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Doomscrolling is hard to resist. But stop. RIGHT NOW. Open a new document and type a two-sentence summary of your current research. Tweet-length, thatās all. Use that to refocus on your work.
1 replies 1 reposts 7 likes
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sina
@rejectionking.bsky.social
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an extremist legal movement whose origins are rooted in the early 19th century debates on statesā rights and citizenship with access to a rotating set of hype men and militias today we call it conservative originalism the statesā rights meme, itās translation into law, and itās consequences
0 replies 3 reposts 10 likes
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David Kaib
@davidkaib.bsky.social
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Thinking a lot about how the bipartisan project of police immunity to law helped set the stage for this.
6 replies 87 reposts 295 likes
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BombayK
@outerbororoyal.bsky.social
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š„³š
1 replies 3 reposts 8 likes
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Paul Gowder
@paulgowder.bsky.social
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about to go on WVON to explain how horrible the trump decision is
0 replies 1 reposts 5 likes
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Mitchell Epner
@mitchellepner.bsky.social
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2/ . . . carried out such illegal orders would be subject to criminal prosecution, even if the President was not. BUT (HUGE BUT) the President has an absolute and unreviewable power to pardon anyone for federal crimes. So, he could promise all soldiers that (a) if they carry out the illegal . . .
6 replies 49 reposts 302 likes
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Mitchell Epner
@mitchellepner.bsky.social
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1/ Let me explain one way that today's Trump immunity decision threatens the survival of the Republic. Under today's ruling, a President would be immune for any way in which he used the military (a "core function"), even to kill American citizens in America. Theoretically, the soldiers who . . .
14 replies 203 reposts 518 likes
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Radley Balko
@radleybalko.bsky.social
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It's just hilariously disingenuous. Imagine looking at, say, ALL OF HUMAN HISTORY and concluding that the biggest threat to liberty isn't abuse of power, but powerful people refraining from sufficiently wielding their authority out of fear that they might one day be held accountable.
21 replies 385 reposts 1555 likes
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Confirmed Professional Agitator
@mumbly-joe.bsky.social
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Sorry dude, History And Traditions only applies to whether women are allowed to get abortions or can be hanged for being witches.
0 replies 6 reposts 12 likes
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Paul Gowder
@paulgowder.bsky.social
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It occurs to me that the Supreme Idiots have actually created a Presidency more powerful than the British King at the time of the founding. Charles I got executed for official acts for which the U.S. President is now immune.
4 replies 25 reposts 89 likes
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Paul Gowder
@paulgowder.bsky.social
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It's also amazing how Sonia Sotomayor, an actually competent Justice, shreds the autocrat majority arguments utterly in a single page's worth of text across pgs 5-6. And then again at the end. (typo-fix repost and expansion)
0 replies 0 reposts 10 likes
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Jerry Chen
@jcsalterego.bsky.social
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starting to think this isn't about the Constitution, like, at all
8 replies 63 reposts 575 likes
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Radley Balko
@radleybalko.bsky.social
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This Originalistā¢ court has effectively immunized both the president and all federal law enforcement officers from any meaningful accountability. Because if there are two things the Founders cherished, it's the power of a king-like executive and armed agents of the government to act with impunity.
13 replies 338 reposts 1155 likes
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Maggie Wittlin
@maggiewittlin.bsky.social
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Just that single paragraph that straddles pp 5-6 is an extremely powerful argument.
0 replies 1 reposts 4 likes
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Paul Gowder
@paulgowder.bsky.social
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(That was a really weird autocorrect change from "pgs" wtf iPhone)
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Maggie Wittlin
@maggiewittlin.bsky.social
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The one thing I'll note about the immunity case is that J Alito, joined by CJ Roberts, wrote about the importance and power of limiting instructions just 10 days ago. Today, limiting instructions are good enough for individual defendants but not for protecting the Presidency.
1 replies 6 reposts 25 likes
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Corey Rayburn Yung
@coreyryung.bsky.social
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After oral argument, I predicted SCOTUS would grant presidential immunity for official acts. But, today's opinion went further in its guidance re: "official acts." The majority wrote that acts like Trump pressuring Pence to overturn the election are presumptively "official acts," which is madness.
1 replies 2 reposts 13 likes
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Hannah Walser
@hkpmw.bsky.social
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The Court has purported to strip us of all legal recourse for crimes committed by the most powerful person in the nation. Each and every one of us is now, effectively, at the mercy of an autocrat, who could order our death if he simply made the pretense of connecting it to his official duties.
8 replies 214 reposts 752 likes
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Paul Gowder
@paulgowder.bsky.social
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Tomorrow morning Joe Biden declares the Supreme Court building to be an artillery test site for the army. Totally immune!
0 replies 0 reposts 1 likes
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Paul Gowder
@paulgowder.bsky.social
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Every morning Joe Biden personally slashes John Roberts's tires. JR: "What are you doing?" JB: "I'm carrying out my duties as commander in chief. Your car might have gotten in the way of a tank, so I carried out a preemptive strike on it." JR: "Carry on then."
1 replies 16 reposts 91 likes
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Col. Boozy Badger
@boozybadger.bsky.social
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āYouāre a lawyer! What does this mean, really?ā Man, I donāt fucking know. In the last week an entire area of law I studied was more or less rendered entirely moot and now thereās one specific guy in the whole country who may be able to do anything he wants without recourse. This is kind of new.
23 replies 442 reposts 1670 likes
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Helen Kennedy
@helenkennedy.bsky.social
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Of all the people out there casting blame for election results, this motherfucker should really, really keep his mouth shut. Without him, no Roberts. (Or Alito)
58 replies 72 reposts 520 likes
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The Silvered Spherical Ideal Median Voter
@swolecialism.bsky.social
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In a lot of ways the entire Republican establishment since the 70s has been dedicated to making sure that what happened to Nixon would never be allowed to happen to one of theirs again
12 replies 249 reposts 967 likes
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Paul Gowder
@paulgowder.bsky.social
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I wonder if the government could argue that pardoning itself would be an official act but taking money would not be? That no inquiring into motive bit causes tensions there, but taking money (or attempting to do so) is a separate act from the exercise of the power motivated by it...
0 replies 0 reposts 1 likes
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Roxane Gay
@roxanegay.bsky.social
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The Court ruling today is terrible but expected. I will just gently remind everyone that the election hasnāt happened yet. We shouldnāt assume the worst outcome as a foregone conclusion. That only encourages more apathy than many are already feeling.
59 replies 481 reposts 1925 likes
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Prisonculture
@prisonculture.bsky.social
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Part of how we got here has been to leave too much of the discussion about all of this to lawyers. People feel like they can't understand the courts without law degrees and that's just not true. But we're left without a robust group of non-lawyer activists and organizers who could offer leadership.
9 replies 75 reposts 334 likes
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Eileen Clancy
@clancyny.bsky.social
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š„ AOC with both barrels blasting! š„
link:
x.com/AOC/status/1...
1 replies 6 reposts 39 likes
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Paul Gowder
@paulgowder.bsky.social
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here's one thing I will say though that's slightly positive. Even a president needs officials willing to follow his deranged and criminal orders. Prosecuting those officials isn't as flashy as prosecuting the president, but it can still be a deterrent.
0 replies 1 reposts 6 likes
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eva š³ļøāā§ļø
@eva.computer
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governments are large and complicated you aren't voting for Biden or Trump you are voting for a boring center-left administration or Project 2025
7 replies 72 reposts 287 likes
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Paul Gowder
@paulgowder.bsky.social
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I mean even the soviets had a constitution they just didn't follow it
1 replies 0 reposts 5 likes
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Paul Gowder
@paulgowder.bsky.social
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I'm going to atom bomb spring conlaw. seriously considering going full anticanon and having the syllabus start with johnson v. mcintosh, prigg, dred scott, plessy, the chinese exclusion case, lochner, and korematsu, and then jumping straight from there to the roberts court's last 3 terms
6 replies 15 reposts 93 likes
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Paul Gowder
@paulgowder.bsky.social
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oh god the press calls are already coming in
0 replies 0 reposts 4 likes
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Paul Gowder
@paulgowder.bsky.social
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my law school seminars ain't that stupid
0 replies 0 reposts 2 likes
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Julia Azari
@juliaazari.bsky.social
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basically making a coup legal as long as you discuss it with your vice president. moreover, this way of argumentation that ignores obvious context and treats all reasoning like we're in a law school seminar is just straight-up gaslighting.
5 replies 58 reposts 318 likes
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Nathan Kalmoe (he/him)
@nathankalmoe.bsky.social
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Well, the good news is that when the Court has fundamentally discredited itself in the past, it can sometimes be reversed w/in a decade or so. For example, the atrocious Dred Scott decision (1857), reversed by the 13th & 14th Amendments in 1865/1868. There is some bad news for the interim tho...
1 replies 7 reposts 20 likes
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Eric Rauchway
@rauchway.bsky.social
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VERY SERIOUS JUSTICES: The New Deal was unconstitutional and Watergate was constitutional.
1 replies 41 reposts 155 likes
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Paul Gowder
@paulgowder.bsky.social
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also god I have to read moody v netchoice in which it sounds like elena kagan decided to use one of the few opportunities she'll ever have to write a majority to tell the lower courts to parse convoluted first amendment doctrine harder rather than just make the obviously correct decision ffs
0 replies 0 reposts 2 likes
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John Pfaff
@johnpfaff.bsky.social
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Homeless people can be arrested for sleeping, Presidents cannot be arrested for rampant graft and corruption done while in office. There is no clearer a summary of "conservative 'law and order'" than this.
14 replies 592 reposts 1466 likes