Rebecca Tushnet's avatar

Rebecca Tushnet

@rtushnet.bsky.social

667 followers 56 following 401 posts

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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Cycle Fun Montreal's avatar Cycle Fun Montreal @cyclefunmontreal.bsky.social
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Meanwhile in Canada: If the scanner has a different price than the shelf price, the item is free (if it costs under $10), and if the price is over $10 you receive a $10 discount.

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David Noll 's avatar 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


Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Trying to support local journalism that isn't Sinclair--Dogwood covers VA and is part of a larger network: vadogwood.com

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Ralf W's avatar Ralf W @raflw.bsky.social
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and as a serious journalist worried about the age of only one of these guys, this story that might look like it's about the cooked brain of the other guy just isn't, y'know, our bailiwick of reporting so we let it stay with the non-print news sites

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Josh Chafetz's avatar Josh Chafetz @joshchafetz.bsky.social
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I--and I assume colleagues across the country--got an email yesterday from the lawyers behind the suit demanding that we preserve records and emails related to hiring and law-review membership, in anticipation of additional suits against other institutions.

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Blake E. Reid's avatar Blake E. Reid @chup.blakereid.org
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Fantastic post from @rtushnet.bsky.social in what I’m conceiving of as The Context-Specific First Amendment (an area where we’re still doing actual law, for now)

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Theo in Arlington's avatar Theo in Arlington @adamtheo.com
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Drumroll, please... 🥁🥁🥁 My promised Bluesky Starter Pack for Arlington, Virginia! This is very much a draft first-pass including the most active neighbors in the Arlington VA feed plus a few lurkers. Give me feedback on who to add or if you want to be removed. Go ahead and test it out for yourself!

4 replies 4 reposts 13 likes


Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Casey Newton, Garbage Day, and 404 News for tech/internet culture. Slate for general/entertainment news. None of those are "breaking" in the same way.

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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Transformative work of the day, pun intended edition

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Zachary Schrag's avatar Zachary Schrag @zacharyschrag.bsky.social
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The difference in these headlines could make a good exam question. But for what course?

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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Some initial thoughts on NetChoice

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greg2hats's avatar greg2hats @cyberbadboy.com
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Sorry to all my lawyer friends who spent a bunch of time learning how law works in the US. I had friends who were Flash developers and things turned out alright for them after they pivoted to C# or whatever. Hopefully there's an equivalent for our national legal system

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Brendan Nyhan's avatar Brendan Nyhan @brendannyhan.bsky.social
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T̶h̶e̶ a̶r̶i̶s̶t̶o̶c̶r̶a̶t̶s̶!̶ Originalism!

7 replies 138 reposts 765 likes


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Zachary Schrag's avatar Zachary Schrag @zacharyschrag.bsky.social
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"A Grand Canyon of optimism"? I'm not sure of the metaphor there, but it's nice to see National History Day correctly presented as an antidote to the cramped understandings of some state legislatures and governors.
www.cbsnews.com/video/nation...

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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Of course, Alito's own response to a "small amount" of criticism suggests he understands full well how it can occupy one's mind, but I guess that's just him.

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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Conservative Justices unsurprisingly unsympathetic to the Nazi bar problem. en.wiktionary.org/wiki/Nazi_bar How could the occasional Nazi, harasser, or rape apologist on your timeline possibly affect your overall experience?

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Radley Balko's avatar Radley Balko @radleybalko.bsky.social
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This Originalist™ 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.

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Nicholas Wallace's avatar Nicholas Wallace @wallace.bsky.social
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Absolutely wild that the court accuses the dissent of "fearmongering" with "extreme hypotheticals" when the actual basis for the indictment is a coup attempt that led to an attack on the capitol

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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Thomas today: "federal courts can decide whether a statute is constitutional only as applied to the parties before them—they lack authority to deem a statute 'facially' unconstitutional." This would probably surprise Thomas of 10 yrs back

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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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People who can imagine that there exist "feeds whose algorithms respond solely to how users act online—giving them the content they appear to want, without any regard to independent content standards" (n. 5) probably shouldn't be making internet policy. Even AO3 and Wikipedia remove stuff!

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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Also, because the Zauderer issues got folded into the larger culture wars, it will be hard to maintain that Zauderer only applies to "ads" and not to all corporate speech acts.

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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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Serious question: If facial challenges are disfavored, but content-based restrictions are presumptively unconstitutional, how do we handle content-based laws going forward?

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Mike McMahan's avatar Mike McMahan @mikemcmahan.bsky.social
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All of Lower Decks season one is up for free on the P+ YouTube for a limited time (USA).

A great way to intro a friend to the Cerritos!

youtu.be/jTQnkijDtRQ?...

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Moira Donegan's avatar Moira Donegan @moiradonegan.bsky.social
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Going public with an experience like this is life-altering for a woman, so when you read these stories remember both the extraordinary amount of courage involved and also the likelihood that there are many others you’ll never hear.

24 replies 649 reposts 1935 likes


Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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I agree with all of this; I disagree with the conclusion that the courts will ultimately "have to" fix the mess they've created. They will not. Rich people get better results in courts than poor people, but they get really good results outside of courts too.

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Eric Goldman's avatar Eric Goldman @ericgoldman.bsky.social
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With the quick action and blessing of the California legislature and Governor Newsom, restaurants' published menu prices may legally bear no resemblance to the prices consumers actually pay. Restaurants are in a race to the bottom from here 📉 #SMH
www.sfchronicle.com/food/restaur...

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Rebecca Tushnet's avatar Rebecca Tushnet @rtushnet.bsky.social
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My take: this is very dependent on who staffs the judiciary. There are historical/current national precedents for situations where the courts just take 20 years to do anything; some stuff will break but it's possible to have a broken gov't.

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Bruno J. Navarro's avatar Bruno J. Navarro @brunojnavarro.bsky.social
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For the good of the country, Donald Trump should drop out the 2024 presidential race.

40 replies 418 reposts 1370 likes


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Mark Lemley's avatar Mark Lemley @marklemley.bsky.social
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This is the actual, original article The Imperial Supreme Court. Accept no imitations from the New York Times, which decided to take the title and idea without attribution (after turning down my op ed with the same title, no less)

harvardlawreview.org/forum/vol-13...

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Ann M. Lipton's avatar Ann M. Lipton @annmlipton.bsky.social
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Blog post on the Fifth Circuit's decision vacating the SEC private fund rules

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John Dellaporta's avatar John Dellaporta @johndellaporta.bsky.social
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A few years ago, Jon Lovett floated a theory that media treats Democrats like protagonists - to be challenged, accounted, and forced to be behave in growth-oriented ways - while the GOP are treated like antagonists - immutable, expected to disrupt, thematic obstacles. Thinking about that a lot.

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Eric Goldman's avatar Eric Goldman @ericgoldman.bsky.social
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This opinion violates several statutes' definitions of "harmful to minors"

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Ash 🏳️‍⚧️'s avatar Ash 🏳️‍⚧️ @phoenix-rights.bsky.social
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all of this leads into the plan for Project2025 which will be the next step in dismantling any semblance of admistrative protective power the federal government has left. It’s gone. Let that inform how we talk about these issues and how we fight back

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Corey Rayburn Yung's avatar Corey Rayburn Yung @coreyryung.bsky.social
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The facts are teed up perfectly for Alito to turn marriage equality into a free-exercise issue.

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Corey Rayburn Yung's avatar Corey Rayburn Yung @coreyryung.bsky.social
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It's especially horrifying that the Justice who declared social science to be "sociological gobbledygook" just announced that judges are experts on everything.

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Corey Rayburn Yung's avatar Corey Rayburn Yung @coreyryung.bsky.social
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Gerald Rosenberg is somewhere screaming, "I told you so! I told you people, but you just wouldn't listen."

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Radley Balko's avatar Radley Balko @radleybalko.bsky.social
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Note that these laws also harm public safety, because they divert prosecutor & public defense resources and clog the courts with cases against people who aren't a threat. Not a constitutional issue. But a significant one.

radleybalko.substack.com/p/the-states...

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Radley Balko's avatar Radley Balko @radleybalko.bsky.social
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So SCOTUS has just given states and cities the okay to criminalize the state of being homeless. Very good.

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Beadle, Society for the New Art's avatar Beadle, Society for the New Art @saraht74.bsky.social
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Everyone thinks they're going to be an oligarch, no one thinks they're accidentally going to fall out of a sixth-floor window.

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