|
Patrick Schmidt@pdwschmidt.bsky.social |
179 followers 299 following 478 posts
Political scientist @MacalesterCollege, specialized in American law but curious about everything.
|
Josh Chafetz
@joshchafetz.bsky.social
[ View ] |
1/ I'm agnostic as to whether Biden should withdraw from the race. It's a genuinely tough question IMO. But I have clarity on one thing: He should absolutely not step down as president. If Harris becomes President, the Vice Presidency is empty. Under the 25th Amendment ...
17 replies 120 reposts 521 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
History is so important, and the reason so many don't want it told. When you put together the stories, from Colonial times to the present, with data points like Wilmington and Tulsa, white supremacy becomes a through-line that, rather than an aberration, is a force we always must monitor and resist.
0 replies 3 reposts 2 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
One major barrier to fighting American fascists and autocrats is the psycho-social inertia created by the belied in the resilience of the Constitution, plus American Exceptionalism. We have ro convince people that nothing is guaranteed. It's only a Republic if we keep keeping it.
1 replies 0 reposts 2 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
My bet is that Thomas never even saw the book. And his clerks this year...not a single history major. Their undergrad degrees: 1. Economics at Creighton 2. Government and Economics at UVa (grandson of Scalia) 3. Sociology at Wheaton 4. Political Science and Psychology at Auburn
0 replies 0 reposts 2 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Any avoidance (on abortion) was simply pragmatic in order to avoid hurting Republicans in an election year, and nothing more.
0 replies 0 reposts 1 likes
|
Nathan Kalmoe (he/him)
@nathankalmoe.bsky.social
[ View ] |
🚨 Not a drill. The second coup attempt is well under way. 🚨
1 replies 8 reposts 33 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
He captured just how simple it should have been, right in the text of the Constitution.
0 replies 0 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Your conclusion, "...a future Trump White House could become the site of a criminal enterprise that would make Richard Nixon’s plumbers unit look like child’s play." ... has a parallel: The corruption of these Justices makes Abe Fortas look squeaky clean.
0 replies 0 reposts 7 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
(Footnote: I'm invoking the title of Brooks' column, which I agree comically understates the threat posed by Bannon.)
0 replies 0 reposts 0 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Is there a better word to describe this than "unsettling"?
1 replies 0 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Dear Canada, Are you currently accepting applications for new provinces? Sincerely, Minnesota
0 replies 0 reposts 1 likes
|
Tom Pepinsky
@tompepinsky.bsky.social
[ View ] |
Americanists and lawyers ask, what does the Constitution say? Comparativists ask, who controls the High Court, the militia, and the clerics?
7 replies 117 reposts 475 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
As in, the Trump decision is a pro-republicanism decision because it underscores the necessity of selecting virtuous leaders?
1 replies 0 reposts 1 likes
|
Jeffrey Vagle
@jvagle.me
[ View ] |
19 replies 900 reposts 2790 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
I feel this so hard. It was bad enough Thursday and Friday, and today it's awful. I haven't been optimistic for twenty years, though, so I've got nothing to offer you. 😞
0 replies 0 reposts 0 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Not chief. And he might still get the award for nastiest piece of work to sit on the bench.
0 replies 0 reposts 8 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
It would be great to announce a unity cabinet for the 2nd term, with the most compelling people in each department. Like, Taylor Swift as Secretary of Education and Dolly Parton as Secretary of State.
0 replies 0 reposts 0 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
I don't think people should be sleeping on Jarkesy. I think the immediate implications are going to be massive for federal enforcement by every agency protecting consumers, workers, and the environment. Please tell me I'm wrong.
0 replies 0 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
This really is a "Presidents are above the law" passage, with respect to sedition and treason. It sounds like the President can address the military and tell them they need to surround the Capitol, no?
0 replies 0 reposts 0 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Yes, but I think the Court is really looking at King James I, which is so much scarier.
4 replies 1 reposts 33 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
That is how we are encouraged to think of a constitutional system, but historically, protest--real, actual protest, people in the streets--and voting trump courts.
1 replies 0 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Whether it's the 14th Amendment or the Administrative Procedures Act, whatever a society thinks it wants to enshrine in a text, if it doesn't also a) ensure civic literacy, b) possess good media and information, and c) maintain healthy political support for those texts... those commitments wither.
0 replies 0 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
I am saying that to my political science students, and I go another step: The law and the constitution isn't a text. The constitution is the set of attitudes and behaviors of a political society.
1 replies 0 reposts 2 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Liberal judges need to stop playing a game of Calvinball that they're never going to win.
0 replies 1 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
It's time for some Constitutional Hardball.
0 replies 0 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
One consequence of this term: Originalism is truly dead as an intellectually serious and relevant concern. It was a project to give cover, a veneer of neutrality and dependability, and now that conservatives have the Court, they simply don't want it. Conservative judged have dropped the veneer.
1 replies 1 reposts 2 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Parallels to Taney / Dred Scott are not overblown: When the Court intervenes, so nakedly partisan, they settle nothing, and instead push the country toward a more radical confrontation. The Court cannot give us an off-ramp by taking the wheel, and today it also hit the accelerator.
0 replies 0 reposts 3 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
There are different Angles one could take on that question.
0 replies 0 reposts 1 likes
|
@dindin6.bsky.social
[ View ] |
1 replies 13 reposts 26 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
It isn't mine; it's the "military method" taught to solders who need sleep while lying in mud with gunfire around them. bigthink.com/neuropsych/m... The paradox is that fully relaxing every takes focus and concentration.
2 replies 0 reposts 4 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
My superpower is being able to nap any time, any place, within a minute.
1 replies 0 reposts 5 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
53 and still an unrepentant night owl. My wife is still waiting for me to have that transformation.
4 replies 0 reposts 6 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Stockades and Thumbscrews: Practicum on Cruel and Unusual Punishments in Originalst Perspective
0 replies 1 reposts 2 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Imagine that, for the good of the country, Trump and Biden mutually agreed to drop out, and they threw the nominations wide open to the conventions. Who would be on the tickets and who would win the election?
0 replies 0 reposts 0 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
I'm sure there are many, but I would like to know: What would you say are the *best examples* in which knowledge of the science is necessary in order to properly resolve a statutory ambiguity? The first thing to come to mind are the debates about "the waters of the United States"; not sure though.
0 replies 0 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Admiralty for the win!
0 replies 0 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
It isn't a sane corporation that imagined it could give an RV to Clarence Thomas. Fortune 100 companies are institutionalists, yes. But they empower and hide behind lawyers and interest groups that are slash and burn anti-statists.
2 replies 0 reposts 0 likes
|
David Noll
@david.noll.org
[ View ] |
Thank you for your service, Mr. Bannon, but we have the deconstruction of the administrative state covered from here.
14 replies 85 reposts 441 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
I’ve read Thomas’ concurrence. Tell me that his attack on Robinson (1962) isn’t about his desire to clear the way for LGBT identities to return to being status crimes.
0 replies 0 reposts 0 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
I’m laughing at this, no nitrous required.
0 replies 0 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Yes, though I was reluctantly to accept Keck's take back then because I thought there was more conservative commitment to judicial minimalism (Roberts' appointment in 2005 reinforced that for me initially). But now, I think his book looks prescient.
0 replies 0 reposts 2 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
She seems to have good-faith views about reading statutes and appellate procedure that sometime trump her preferred policy outcomes, and after decades of Scalia, Thomas, and Alito, it just seems so wild.
0 replies 0 reposts 6 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
I’m safe here because I’m allowed to own bump-stocks, y’all.
0 replies 0 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
And that's true of SEC v Jarkesy, too! The US has the most stable capital markets because the '33 and '34 Acts created a regime that efficiently prosecuted misbehavior and created trust. This Court's procedural formalism misses the ecology that just *works*.
0 replies 0 reposts 12 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Another Barrett decision that will add fuel to MAGA fires about her.
0 replies 0 reposts 1 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
Yes, but I have been thinking about how right Thomas Keck was back in *2004*.
press.uchicago.edu/ucp/books/bo...
1 replies 2 reposts 8 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
And when a future court finds a right to life for fetuses, they will overturn Dobbs' dicta about returning the issue to the states. We haven't reached the end of its right-ward drift.
0 replies 0 reposts 0 likes
|
Adam Serwer
@adamserwer.bsky.social
[ View ] |
The right wing majority on scotus legalizes bribery and criminalizes homelessness because to them, rich people deserve rights and poor people deserve nothing. If they were deserving they’d be rich.
51 replies 591 reposts 1828 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
0 replies 0 reposts 0 likes
|
|
Patrick Schmidt
@pdwschmidt.bsky.social
[ View ] |
It's not like we don't have 8 years of experience on this.
0 replies 0 reposts 1 likes