gelbach
gelbach.bsky.social
gelbach
@gelbach.bsky.social
Expert provider of lay opinions.

Day job: Herman F. Selvin Professor of Law at UC Berkeley Law. Opinions my own, not intended to represent UC's.
Reposted by gelbach
Yesterday, I held a music festival in my district to register voters and speak directly to young people who don’t usually attend political events. 4,500 tickets. Music + advocacy go hand in hand. Madsoul Festival 2025 was a success.
December 8, 2025 at 1:57 AM
Reposted by gelbach
If you ever get confused about something a bunch of sportswriters have voted on this is a great Rosetta Stone
December 8, 2025 at 1:31 AM
“ I have no reason to doubt the man’s integrity now listen to me as I tell you the reason” is, frankly, a reason to doubt Jim Himes
BRENNAN: Do you have confidence in Admiral Bradley?

HIMES: What it raises is what happens when an apparently good man like Admiral Bradley is placed in a context where he knows that if he countermands an order he's uncomfortable with it's very likely he'll be fired
December 8, 2025 at 1:26 AM
Reposted by gelbach
The hate is real, and, contra the headline, it is not so secret. And the op-eds opposing the Netflix/WB merger have begun. But, as an antitrust lawyer, I think the merger is likely to be pro-competitive and good for consumers. I'll explain why. 1/ www.nytimes.com/2025/12/07/o...
Opinion | Everybody in Hollywood Secretly Hates Netflix. So Now What?
www.nytimes.com
December 7, 2025 at 5:35 PM
Reposted by gelbach
excellent explainer 🧵/argument re Netlix/WB merger from an antitrust perspective
The hate is real, and, contra the headline, it is not so secret. And the op-eds opposing the Netflix/WB merger have begun. But, as an antitrust lawyer, I think the merger is likely to be pro-competitive and good for consumers. I'll explain why. 1/ www.nytimes.com/2025/12/07/o...
Opinion | Everybody in Hollywood Secretly Hates Netflix. So Now What?
www.nytimes.com
December 8, 2025 at 1:12 AM
Reposted by gelbach
For policymakers, lawmakers, commentators and the public:

We provide a detailed review of the international law relevant to lethal operations against suspected drug boats

I teamed up with @mikeschmitt.bsky.social and @tessbridgeman.bsky.social
Operation Southern Spear: Why the Crews, Drugs, and Boats are Not Targetable
A deep dive on the international law applicable to the U.S. military's lethal operations against suspected drug boats
www.justsecurity.org
December 7, 2025 at 2:01 PM
Reposted by gelbach
I'll say again: we are oddly selective about the government services about which we will say, they operate at a loss.

We say Amtrak and the post office "lose money" but we never say highways, the court system, the Pentagon, etc lose money
The USPS posting a NINE BILLION DOLLAR LOSS!!! sounds terrible. Certainly worse than if you said "USPS costs thirty dollars per person per year" even though that means the same thing and more accurately describes a government service
December 7, 2025 at 7:24 AM
Sorry to say I just watched this

Stephanopoulos let Schmitt spew garbage for nearly 2 minutes between the lie about non-familiarity and the mild pushback

What a waste
STEPHANOPOULOS: Do you support the pardon of the former Honduran president?

SCHMITT: I'm not familiar w/ the facts or circumstances

S: What do you mean you're not familiar? It's been front page news

SCHMITT: You spew Democrat talking points every single week, which is why your ratings are so bad
December 7, 2025 at 3:15 PM
That would mean the end of the MSM shows

Which would be fine tbqh
The charade of having liars on to lie should just end
STEPHANOPOULOS: Do you support the pardon of the former Honduran president?

SCHMITT: I'm not familiar w/ the facts or circumstances

S: What do you mean you're not familiar? It's been front page news

SCHMITT: You spew Democrat talking points every single week, which is why your ratings are so bad
December 7, 2025 at 3:11 PM
Reposted by gelbach
Who has made this 🤣
December 7, 2025 at 1:49 PM
Just won the FIFA award for Not Sleeping As Much As He Wanted To
December 7, 2025 at 3:03 PM
Reposted by gelbach
The defense is now “We were trying to commit murder, not war crimes.”
"Bradley told lawmakers that the orders he received from Hegseth were to kill the individuals on the approved target list, which included everyone on the boat, then destroy the drugs and sink the boat, those sources said."

They were civilians.
Admiral told lawmakers everyone on alleged drug boat was on a list of military targets
Adm. Frank Bradley said U.S. intelligence had identified the 11 people on the boat and determined the military was authorized to kill them as part of Trump’s campaign against alleged drug-smuggling ve...
www.nbcnews.com
December 7, 2025 at 11:54 AM
Reposted by gelbach
“Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore.“

We’ll take the Statue of Liberty & these new U.S. citizens.

You can keep Stephen Miller and Donald Trump, and their small, cruel, heartless racism.
www.wgbh.org/news/local/2...
Immigrants kept from Faneuil Hall citizenship ceremony as feds crackdown nationwide
Trump administration is pausing naturalizations for immigrants from 19 countries.
www.wgbh.org
December 7, 2025 at 4:14 AM
Reposted by gelbach
One of the many reasons for concern about the killing spree at sea is that the administration is effectively asserting a license for POTUS to kill outside the law those he labels “terrorists.”

A term this administration also applies to domestic political opponents.
December 7, 2025 at 4:52 AM
Reposted by gelbach
One interesting thing to note — all but one of these invoices were finally approved by Rob Bell, a former GOP delegate who is currently working as a VA Deputy Attorney General. Seems to lend weight to concerns that outside counsel may have been acting at direction of AG’s office.
December 7, 2025 at 4:20 AM
Reposted by gelbach
News: After 5 months, UVA has finally produced billing records from its outside counsel (McGuireWoods LLP) related to DOJ investigations. UVA spent over $1.7 million through end of August! Link to the heavily redacted invoices here: www.dropbox.com/scl/fo/ev8ke...
December 6, 2025 at 3:41 PM
Reposted by gelbach
real "If I Did It" vibes
December 7, 2025 at 4:04 AM
Reposted by gelbach
“The West Coast Health Alliance grounds its decisions in facts, data and expert consensus,” Gov. Tina Kotek said.
West Coast health experts reject RFK Jr. panel, say hepatitis B vaccines at birth should continue
“The West Coast Health Alliance grounds its decisions in facts, data and expert consensus,” Gov. Tina Kotek said.
www.oregonlive.com
December 7, 2025 at 3:00 AM
So then why did Hegseth refer to “the fog of war”
"Bradley told lawmakers that the orders he received from Hegseth were to kill the individuals on the approved target list, which included everyone on the boat, then destroy the drugs and sink the boat, those sources said."

They were civilians.
Admiral told lawmakers everyone on alleged drug boat was on a list of military targets
Adm. Frank Bradley said U.S. intelligence had identified the 11 people on the boat and determined the military was authorized to kill them as part of Trump’s campaign against alleged drug-smuggling ve...
www.nbcnews.com
December 7, 2025 at 3:42 AM
Reposted by gelbach
Can you imagine an Enlightenment rationalist like Ben Franklin or Thomas Jefferson or John Adams... thinking that this was "justice"? ... much less "fair" or "free" or what the aspirations of a Declaration of Independence entailed and aimed for? truly? ...
There is no sight that more efficiently puts the lie to immigration “court” than the common sight of children “representing themselves.” Children too small to climb into the chair, children in pajamas who don’t know where they are, children not yet old enough to speak.
Three-year-old child forced to serve as her own attorney in Tucson immigration court
More than a dozen undocumented minors were forced to make their case in front of an immigration judge as the Trump administration ramps up removal proceedings.
coppercourier.com
December 7, 2025 at 3:26 AM
Reposted by gelbach
Anyone who knows this history should know there’s no contested issue.
December 7, 2025 at 12:38 AM
Reposted by gelbach
Heartbreaking. The University of Nebraska will terminate its entire Earth science department.

One of the country's most successful and respected geology & climate programs: gone.

When ideologues & politicians are threatened by the very act of studying climate change, I wonder: who of us is next?
It's over.

Despite the fact that the academic council recommended against it, despite the fact that the program brought in more tuition than it cost, and despite the fact that Nebraskans need & deserve this expertise, Earth & Atmospheric Sciences will be cut.

www.dailynebraskan.com/news/adminis...
BREAKING: ‘This hurts’: UNL eliminates 4 programs despite faculty, student pleas
The University of Nebraska-Lincoln eliminates the Earth and atmospheric sciences 8-0, educational administration 7-1, statistics 7-1, textiles, merchandising and fashion design 7-1 programs.
www.dailynebraskan.com
December 6, 2025 at 8:40 PM
December 7, 2025 at 2:02 AM
Reposted by gelbach
EXCLUSIVE: WE RUN PRESS RELEASES AS NEWS
EXCLUSIVE: Pete Hegseth ordered the U.S. military on Sept. 2 to kill all 11 people on a suspected drug-smuggling boat because they were on an internal list of military targets, the commander overseeing the operation told lawmakers, according to multiple sources.
Admiral told lawmakers everyone on alleged drug boat was on a list of military targets
Adm. Frank Bradley said U.S. intelligence had identified the 11 people on the boat and determined the military was authorized to kill them as part of Trump’s campaign against alleged drug-smuggling vessels.
nbcnews.to
December 7, 2025 at 1:59 AM
💪
December 7, 2025 at 1:58 AM