Mark Joseph Stern
@mjsdc.bsky.social
Senior writer at Slate covering courts and the law. Co-host of the Amicus podcast. Dad.
Good piece about some very bad editorials, which I find more depressing than enraging. They have no apparent audience (besides Bezos) and lack basic fluency in the legal concepts they discuss. Both asinine and utterly pointless. Can someone who understands the law at least write them?
It is hard to overstate how shallow and embarrassing the Washington Post Editorial Board's analysis is whenver it tries to write about the law. They don't make arguments so much as they crank out half-assed jumbles of buzzwords that they hope will make Jeff Bezos happy. Don't care for it at all!
The Washington Post Editorial Board Is Spectacularly Awful at Legal Analysis
Since Bezos overhauled the board earlier this year, it has been very good at cranking out billionaire-friendly propaganda. It is quite bad at everything else.
ballsandstrikes.org
December 12, 2025 at 9:18 PM
Good piece about some very bad editorials, which I find more depressing than enraging. They have no apparent audience (besides Bezos) and lack basic fluency in the legal concepts they discuss. Both asinine and utterly pointless. Can someone who understands the law at least write them?
While ICE continues to torment Kilmar Abrego Garcia in Maryland, federal prosecutors in Tennessee are trying to rig his forthcoming trial by suppressing any discussion of his unlawful deportation or the suspicious favors witnesses will get in exchange for their testimony. slate.com/news-and-pol...
December 12, 2025 at 7:56 PM
While ICE continues to torment Kilmar Abrego Garcia in Maryland, federal prosecutors in Tennessee are trying to rig his forthcoming trial by suppressing any discussion of his unlawful deportation or the suspicious favors witnesses will get in exchange for their testimony. slate.com/news-and-pol...
Reposted by Mark Joseph Stern
Maybe this new blog can respond, in one of its first posts, to the argument that the term “interim docket” is a deliberately misleading attempt to minimize the (very permanent) doctrinal and real-world consequences of #SCOTUS’s rulings on emergency applications?
www.stevevladeck.com/p/177-the-no...
www.stevevladeck.com/p/177-the-no...
December 11, 2025 at 3:59 PM
Maybe this new blog can respond, in one of its first posts, to the argument that the term “interim docket” is a deliberately misleading attempt to minimize the (very permanent) doctrinal and real-world consequences of #SCOTUS’s rulings on emergency applications?
www.stevevladeck.com/p/177-the-no...
www.stevevladeck.com/p/177-the-no...
Unfortunately, under our Kavanaugh Stops regime, it is entirely rational for anyone who appears Hispanic to carry proof of citizenship at all times. The worst part is that it might not be enough: ICE/CBP keep arresting people who have proof of citizenship, refusing to accept its validity.
U.S. Latinos are now more worried about being asked to prove their legal status during their daily activities (43% today vs. 31% in March), and roughly 1 in 5 have changed their daily routines because of it.
December 11, 2025 at 4:33 PM
Unfortunately, under our Kavanaugh Stops regime, it is entirely rational for anyone who appears Hispanic to carry proof of citizenship at all times. The worst part is that it might not be enough: ICE/CBP keep arresting people who have proof of citizenship, refusing to accept its validity.
This is really incredible. The government's battle to deport Abrego Garcia has apparently been based on a lie from the start. Not even the "gang affiliation" lie or the "human smuggling" lie, but the more basic assertion that he was ordered to be deported in the first place.
🚨Judge Xinis finds that, incredibly, Mr. Abrego Garcia was never ordered deported in 2019. She notes that every since this saga began all the way back in March, the government has NEVER been able to produce any evidence that the immigration judge actually issued a removal order.
December 11, 2025 at 4:16 PM
This is really incredible. The government's battle to deport Abrego Garcia has apparently been based on a lie from the start. Not even the "gang affiliation" lie or the "human smuggling" lie, but the more basic assertion that he was ordered to be deported in the first place.
Is it worth pointing out the foundational legal errors in this editorial or should I simply disregard the rage-bait? www.washingtonpost.com/opinions/202...
Opinion | Pam Bondi’s welcome woke rollback
The Justice Department rescinds regulations encouraging racial preferences.
www.washingtonpost.com
December 11, 2025 at 3:38 PM
Is it worth pointing out the foundational legal errors in this editorial or should I simply disregard the rage-bait? www.washingtonpost.com/opinions/202...
Reposted by Mark Joseph Stern
BREAKING: Judge Xinis orders ICE’s release of Kilmar Abrego Garcia “immediately.”
December 11, 2025 at 3:34 PM
BREAKING: Judge Xinis orders ICE’s release of Kilmar Abrego Garcia “immediately.”
Excellent stuff from @sifill.bsky.social. "The assault on the 14th Amendment has not generated the kind of moral panic that politicians, journalists, and tech bros successfully created over their claims of First Amendment abuses several years ago..."
sherrilyn.substack.com/p/is-it-too-...
sherrilyn.substack.com/p/is-it-too-...
December 11, 2025 at 3:33 PM
Excellent stuff from @sifill.bsky.social. "The assault on the 14th Amendment has not generated the kind of moral panic that politicians, journalists, and tech bros successfully created over their claims of First Amendment abuses several years ago..."
sherrilyn.substack.com/p/is-it-too-...
sherrilyn.substack.com/p/is-it-too-...
Reposted by Mark Joseph Stern
NEW (but deja vu): Texas and Florida are suing the FDA over its approval and regulation of the abortion drug mifepristone. The states are asking Judge Reed O'Connor to declare the 25yo approval unlawful and yank mife from the market—but judges can't do that
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
![screenshot of complaint in a lawsuit
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
THE STATE OF FLORIDA and THE STATE OF TEXAS, by and
through their Attorneys General,
Plaintiffs,
v.
U.S. FOOD AND DRUG ADMINISTRATION; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; MARTIN A. MAKARY, M.D., M.P.H., in
his official capacity as Commissioner of Food and Drugs, U.S. Food and
Drug Administration; RICHARD PAZDUR, M.D., in his official capacity as Director, Center for Drug Evaluation and Research, U.S. Food
and Drug Administration; and ROBERT F. KENNEDY, JR., in his official capacity as Secretary, U.S. Department of Health and Human Services,
Defendants.
Case No. ______________
COMPLAINT
1. The United States Food and Drug Administration (FDA) is responsible
for “protect[ing] the public health by ensuring that . . . drugs are safe and effective.”21 U.S.C. § 393(b)(2)(B).
2. Yet the FDA’s approval and deregulation of abortion drugs have placed women and girls in harm’s way](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:4fdfjfnhhyeo4hsmoxpeazsg/bafkreiad4xu6gssl7uhp2x6zz2vomvxl6rkftyopu46yzghz7wcbtxu73i@jpeg)
December 10, 2025 at 6:48 PM
NEW (but deja vu): Texas and Florida are suing the FDA over its approval and regulation of the abortion drug mifepristone. The states are asking Judge Reed O'Connor to declare the 25yo approval unlawful and yank mife from the market—but judges can't do that
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Reposted by Mark Joseph Stern
Judiciary watchdog group Fix the Court has filed a judicial misconduct complaint against Judge Emil Bove over his attendance at the Trump event last night.
fixthecourt.com/wp-content/u...
fixthecourt.com/wp-content/u...
December 10, 2025 at 6:05 PM
Judiciary watchdog group Fix the Court has filed a judicial misconduct complaint against Judge Emil Bove over his attendance at the Trump event last night.
fixthecourt.com/wp-content/u...
fixthecourt.com/wp-content/u...
Federal prosecutors tried to charge a guy with a felony because he closed a door a Border Patrol agent and it lightly scraped the agent's leg.
(Grand jury said NOPE)
(Grand jury said NOPE)
wait, can we take a moment to look at the purported injury to USBP Agent 1's leg lmao
December 10, 2025 at 4:58 PM
Federal prosecutors tried to charge a guy with a felony because he closed a door a Border Patrol agent and it lightly scraped the agent's leg.
(Grand jury said NOPE)
(Grand jury said NOPE)
Reposted by Mark Joseph Stern
I think this is probably a new era of grand jury practice where there is communal awareness of abusive policing.
The GJ just doesn't believe the state.
I'm not an expert on the history of grand juries, but my sense is that this is the first time we are seeing that phenomenon at scale.
The GJ just doesn't believe the state.
I'm not an expert on the history of grand juries, but my sense is that this is the first time we are seeing that phenomenon at scale.
JUST IN: Assistant U.S. Attorney Jeffrey Snell just confirmed, at the prodding of U.S. Magistrate Judge Keri Holleb Hotaling, that this motion for dismissal followed a "no bill" from a grand jury.
That means the grand jury refused to indict.
That means the grand jury refused to indict.
U.S. prosecutors in Chicago are dropping another case tied to Operation Midway Blitz, "without prejudice."
It's USA v. Nathan Griffin. Below is the motion, followed by excerpts from the complaint.
The feds don't say why they're dropping it, but they had until today to secure an indictment.
It's USA v. Nathan Griffin. Below is the motion, followed by excerpts from the complaint.
The feds don't say why they're dropping it, but they had until today to secure an indictment.
December 10, 2025 at 4:49 PM
I think this is probably a new era of grand jury practice where there is communal awareness of abusive policing.
The GJ just doesn't believe the state.
I'm not an expert on the history of grand juries, but my sense is that this is the first time we are seeing that phenomenon at scale.
The GJ just doesn't believe the state.
I'm not an expert on the history of grand juries, but my sense is that this is the first time we are seeing that phenomenon at scale.
Reposted by Mark Joseph Stern
If we get through this, we’re gonna owe a lot of it to the mysterious alchemy of the grand jury process.
JUST IN: Assistant U.S. Attorney Jeffrey Snell just confirmed, at the prodding of U.S. Magistrate Judge Keri Holleb Hotaling, that this motion for dismissal followed a "no bill" from a grand jury.
That means the grand jury refused to indict.
That means the grand jury refused to indict.
U.S. prosecutors in Chicago are dropping another case tied to Operation Midway Blitz, "without prejudice."
It's USA v. Nathan Griffin. Below is the motion, followed by excerpts from the complaint.
The feds don't say why they're dropping it, but they had until today to secure an indictment.
It's USA v. Nathan Griffin. Below is the motion, followed by excerpts from the complaint.
The feds don't say why they're dropping it, but they had until today to secure an indictment.
December 10, 2025 at 4:35 PM
If we get through this, we’re gonna owe a lot of it to the mysterious alchemy of the grand jury process.
FIRE is suing on behalf of Monica Meeks, a veteran and Tennessee state employee who was fired for criticizing Charlie Kirk on Facebook following his murder. Argues that "her termination was unlawful retaliation for her protected expression" and demands reinstatement.
www.thefire.org/research-lea...
www.thefire.org/research-lea...
December 10, 2025 at 4:36 PM
FIRE is suing on behalf of Monica Meeks, a veteran and Tennessee state employee who was fired for criticizing Charlie Kirk on Facebook following his murder. Argues that "her termination was unlawful retaliation for her protected expression" and demands reinstatement.
www.thefire.org/research-lea...
www.thefire.org/research-lea...
Democrats—if they take back the House—already needed to launch an investigation into Bove’s egregious criminal conduct on Trump’s behalf before his confirmation to the 3rd Circuit. But they should also look into his brazen partisanship, which obviously violates the judicial Code of Conduct.
Via MS NOW: Emil Bove is in attendance at Trump’s speech in Pennsylvania tonight.
December 10, 2025 at 1:00 AM
Democrats—if they take back the House—already needed to launch an investigation into Bove’s egregious criminal conduct on Trump’s behalf before his confirmation to the 3rd Circuit. But they should also look into his brazen partisanship, which obviously violates the judicial Code of Conduct.
Reposted by Mark Joseph Stern
Bove, perhaps more than most of the recently appointed ideologues, seems to revel in giving the finger to the principle that judges ought to avoid both impropriety *and the appearance* of impropriety.
Via MS NOW: Emil Bove is in attendance at Trump’s speech in Pennsylvania tonight.
December 10, 2025 at 12:56 AM
Bove, perhaps more than most of the recently appointed ideologues, seems to revel in giving the finger to the principle that judges ought to avoid both impropriety *and the appearance* of impropriety.
Reposted by Mark Joseph Stern
the first and only impeachment proceeding against a supreme court justice was over excessive partisanship fyi
Via MS NOW: Emil Bove is in attendance at Trump’s speech in Pennsylvania tonight.
December 10, 2025 at 12:00 AM
the first and only impeachment proceeding against a supreme court justice was over excessive partisanship fyi
NY allowed religious exemptions from school vaccine mandates.
It spurred a measles outbreak, so the state passed a law ending the exemption.
Parents + schools + 22 red states asked SCOTUS to strike down the law and restore the exemption.
It appears … QUITE interested.
slate.com/news-and-pol...
It spurred a measles outbreak, so the state passed a law ending the exemption.
Parents + schools + 22 red states asked SCOTUS to strike down the law and restore the exemption.
It appears … QUITE interested.
slate.com/news-and-pol...
December 9, 2025 at 11:53 PM
NY allowed religious exemptions from school vaccine mandates.
It spurred a measles outbreak, so the state passed a law ending the exemption.
Parents + schools + 22 red states asked SCOTUS to strike down the law and restore the exemption.
It appears … QUITE interested.
slate.com/news-and-pol...
It spurred a measles outbreak, so the state passed a law ending the exemption.
Parents + schools + 22 red states asked SCOTUS to strike down the law and restore the exemption.
It appears … QUITE interested.
slate.com/news-and-pol...
The Supreme Court is hearing arguments right now in a case engineered by the GOP to strike down a longstanding campaign finance law that prevents megadonors from bribing politicians for favors by laundering the money through political parties.
Guess how it'll go. slate.com/news-and-pol...
Guess how it'll go. slate.com/news-and-pol...
The Supreme Court Is Poised to Revive a Key Feature of Nixon-Era Corruption
The justices will hear arguments on Tuesday in NRSC v. FEC, a case cooked up by the GOP itself.
slate.com
December 9, 2025 at 3:32 PM
The Supreme Court is hearing arguments right now in a case engineered by the GOP to strike down a longstanding campaign finance law that prevents megadonors from bribing politicians for favors by laundering the money through political parties.
Guess how it'll go. slate.com/news-and-pol...
Guess how it'll go. slate.com/news-and-pol...
The conviction that a "unitary executive" guarantees "democratic accountability" is more like a civic religion or folkloric superstition than a constitutional theory. Federalist Society true-believers drill it into their acolytes and teach them never to question it, but it's fundamentally nonsense.
the unitarian notion of accountability is, in general, very strange as it holds that a single election — the president’s reelect — is more democratically accountable than the rolling process of democratic assent produced by legislative elections and congressional oversight.
December 9, 2025 at 2:32 PM
The conviction that a "unitary executive" guarantees "democratic accountability" is more like a civic religion or folkloric superstition than a constitutional theory. Federalist Society true-believers drill it into their acolytes and teach them never to question it, but it's fundamentally nonsense.
Will be discussing this case more on @11thhourmsnow.bsky.social soon!
Who would ever voluntarily choose to live under the demented monarchical plutocracy our Supreme Court is creating for Trump? How is this a remotely rational way to structure a government?
slate.com/news-and-pol...
slate.com/news-and-pol...
December 9, 2025 at 4:02 AM
Will be discussing this case more on @11thhourmsnow.bsky.social soon!
Reposted by Mark Joseph Stern
Trump's attempts to deploy the National Guard into California and Oregon are a bridge too far for THE GWB JUDGE WHO AUTHORED THE TORTURE MEMOS...
...to which baby Trump 2.0 judge, just weeks into the job, says nuh-uh!
cdn.ca9.uscourts.gov/datastore/op...
...to which baby Trump 2.0 judge, just weeks into the job, says nuh-uh!
cdn.ca9.uscourts.gov/datastore/op...
December 9, 2025 at 2:34 AM
Trump's attempts to deploy the National Guard into California and Oregon are a bridge too far for THE GWB JUDGE WHO AUTHORED THE TORTURE MEMOS...
...to which baby Trump 2.0 judge, just weeks into the job, says nuh-uh!
cdn.ca9.uscourts.gov/datastore/op...
...to which baby Trump 2.0 judge, just weeks into the job, says nuh-uh!
cdn.ca9.uscourts.gov/datastore/op...
Reposted by Mark Joseph Stern
The best reading of this article: Trump is going to use FDA to restrict medication abortion, but he wants to wait until after the midterms so the Republicans don't experience blowback. But that just makes the midterms more important. www.bloomberg.com/news/article...
FDA Slow Walking a Long-Awaited Abortion Pill Safety Study
The Food and Drug Administration has delayed a promised review of safety data for the abortion drug mifepristone at Commissioner Marty Makary’s request to put it off until after the midterm elections,...
www.bloomberg.com
December 8, 2025 at 11:20 PM
The best reading of this article: Trump is going to use FDA to restrict medication abortion, but he wants to wait until after the midterms so the Republicans don't experience blowback. But that just makes the midterms more important. www.bloomberg.com/news/article...
Who would ever voluntarily choose to live under the demented monarchical plutocracy our Supreme Court is creating for Trump? How is this a remotely rational way to structure a government?
slate.com/news-and-pol...
slate.com/news-and-pol...
December 8, 2025 at 11:48 PM
Who would ever voluntarily choose to live under the demented monarchical plutocracy our Supreme Court is creating for Trump? How is this a remotely rational way to structure a government?
slate.com/news-and-pol...
slate.com/news-and-pol...
This one is speaking to me today
Every legal story now is either
Ancient Circuit Judge Delivers Crystal Clear 100 Page Rebuke To Trumpist Overreach
or
In Unsigned Shadow Docket Decision, 6-3 Majority Declares Trump Can Hunt People For Sport
Ancient Circuit Judge Delivers Crystal Clear 100 Page Rebuke To Trumpist Overreach
or
In Unsigned Shadow Docket Decision, 6-3 Majority Declares Trump Can Hunt People For Sport
December 8, 2025 at 9:28 PM
This one is speaking to me today