Mark Joseph Stern

The Executive Branch has no authority to regulate states’ election decisions as to candidate qualifications, and the choice to file a lawsuit like this just days before an election speaks volumes about the political corruption festering at the top levels of the DOJ.

LOVE this conversation about chaos muppets and order muppets but with great respect I continue to believe @dahlialithwick.bsky.social misdiagnoses me! youtu.be/cY0JR6jxB18

What fresh hell of a framing is this?? "alleges the groups are advocating for the long-debated practice of jury nullification" Long-debated?! It's literally part of the our founding origin story: the Zenger trial in 1735! It's not "debated"! It's a fundamental core REASON FOR THE JURY AT ALL.

However good you think this is going to be, it’s better. Steve just has Alito dead to rights.

On the insanity of the "medicalized" facade of the death penalty with @corinnabarrettlain.bsky.social and SCOTUS versus all environmental protections, ever, with @whitehouse.senate.gov. Another non-curtainraiser show.

GOP ads right now are all about attacking trans people. Over, and over, and over. I was a gay teen in 2004 watching the Bush campaign try to win on attacking gay marriage, but the resort to this hate drive in campaign ads feels so dialed up now. I can’t imagine being an lgbt kid watching tv today.

"Whether he is watching too much Fox News or acting for other reasons, Justice Alito seems to be emotionally unable to rationally examine the actual evidence in the cases before him to see if they support his voter fraud arguments." democracyproject.org/posts/exorci...

A programming note: I’m going to be working more frequently with my buds at Slate over the next few months while @mjsdc.bsky.social is out on parental leave and, God willing, not consuming Supreme Court-related content. Please remember to be an ally and click on BOTH versions of these posts, tysm.

My new one @slate.com Let’s Celebrate the Supreme Court Not Outright Rigging the 2026 Election slate.com/news-and-pol...

I LOVED @skyeperryman.bsky.social’s new book. It’s energizing and hopeful, and my favorite chapter is a vital antidote to SCOTUS doom-and-gloom. Skye is one of the key players in the legal battle against Trump 2.0 and she has a lot to teach us about how to fight and win when all feels lost.

🫤

NEWS: After Yaakov Roth defended many of the worst actions of the Trump administration over the past year and a half at DOJ, Jones Day took Roth back as a partner when he wanted to cash in on the friends he made when working to undermine the rule of law in America.

KBJ has them cold:

Programming note: I’m out on parental leave for a while! I may still post occasionally, but please don’t expect breaking SCOTUS news from me. Actually, if you see me reporting SCOTUS news, please shame me off of Bluesky and back to my parenting duties.

Likely en banc decisions from the 5th Circuit soon: 1. Trump can use the Alien Enemies Act to summarily deport Venezuelans 2. A $1.7 trillion bill enacted in 2022 is invalid in its entirety because of proxy voting 3. The whole federal statute barring criminals from owning guns is unconstitutional

Why did they make him look so cool though

At the park with my toddler and ATF is demonstrating its robot dog while Beyoncé plays as part of a violence intervention event

For Slate's summer series By the People, I wrote about how D.C. v. Heller is both a paragon of popular constitutionalism and its own dark mirror. Progressives can learn real lessons from how it was won—if they ignore its bogus originalism and look at what really went down. slate.com/news-and-pol...

The Trump administration sued Yale for its admissions policies (alleging too much diversity). Yale is negotiating with DOJ, whereas Harvard fought Trump. The former dean of Yale Law School thinks he knows the real reason why. slate.com/news-and-pol...

Great news; yet another court finds that ICE and the DOJ were wrong to declare that Congress secretly mandated detention of millions of noncitizens in 1996 (specifically, anyone who entered unlawfully at some point in the past, no matter how long ago), and that no one had noticed until now.

The Supreme Court invited exactly this when it held that the president's attempt to conduct "sham" "investigations" was a core executive power immune from all regulation, including criminal prosecution, in Trump v. United States.

This NYT article is just awful. We should judge Fauci based on his work, not his innermost musings to a diary he never intended to become public. Who cares that he enjoyed the admiration of celebrities? There's zero evidence here that it interfered with his job! www.nytimes.com/2026/07/28/u...

Agree with @jamellebouie.net that it's pretty clear Elon Musk wanted to eviscerate USAID *for the purpose of killing as many African people as possible.* Mass death wasn't an accidental byproduct of his "deep state" paranoia; it was a key mission of DOGE. www.nytimes.com/2026/07/29/o...

"His for-profit company is seeking to wrap itself in the mantle of voting rights to make the case for a gambling activity that states have ample reasons to choose to discourage, while no one’s constitutional rights are being infringed. Freeman is not John Lewis."

SCOTUSBlog as profit center is not pretty

In a footnote in a labor case, a senior Republican-appointed judge on the D.C. Circuit blasts the Supreme Court about an embarrassing error in its landmark ruling overturning the Chevron case, which unsettled four decades of administrative law precedent. media.cadc.uscourts.gov/opinions/doc...

Here's a new one: ICE *prevented* a man from self-deporting by a June 11 deadline — he asked ICE to let him leave and had a one-way plane ticket for June 10. Then ICE re-detained him because he missed the deadline. Due process violation, judge rules. storage.courtlistener.com/recap/gov.us...

We (the people) need this wakeup call.

NEW SERIES! By the People: How to reclaim the Constitution from an imperious Supreme Court and an imperial presidency. A primer on popular constitutionalism and a toolkit if you're as fed up as we are. The opening batch of essays, and the first podcast episode, are here: slate.com/news-and-pol...

Very important piece by Cerin Lindgrensavage and @davidasuper.bsky.social. This behavior by the administration is not only illegal, it is anti-constitutional. thehill.com/opinion/cong...

New Series "By the People". For the better part of two centuries of U.S. history, the American people understood that they—and not the Supreme Court—were the final arbiters of the Constitution.

fuck em up Todd