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Sam J. Merchant

@sammerchant.bsky.social

760 followers 330 following 300 posts

Law Prof: Con Law, Crim Pro, Sentencing, Habeas at Minnesota Law

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Sam J. Merchant @sammerchant.bsky.social · Nov 13

Plug for my book, Revolution in Redline! (February 2025) In it I trace the ideas that led to the Founding Documents, then show drafts of those documents in "redline" and show the drafters debates over the documents. It's a concise and accessible way for students and scholars to explore the Founding.

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Sam J. Merchant @sammerchant.bsky.social · 1d

“Don’t say that about Article III.”

Sam J. Merchant @sammerchant.bsky.social · 1d

Enjoyed workshopping a piece at Georgetown Law today, and thank you Michael Klarman for commentary!

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Sam J. Merchant @sammerchant.bsky.social · 2d

He’s right.

(Stuff you can say when you are term limited…)

Sam J. Merchant @sammerchant.bsky.social · 3d

AG Drummond and Stitt are on separate islands. I doubt they ever really even talk. With Drummond running for Gov, joining this isn’t surprising.

Sam J. Merchant @sammerchant.bsky.social · 3d

Here I try to break down this controversial sentence without getting distracted by shiny objects.

CrimProf Blog @crimprof.bsky.social · 3d

Sam J. Merchant posts "Sentencing Transgender Assassins of Supreme Court Justices."

On the sentencing of Sophie Roske, who planned to assassinate Brett Kavanaugh... and why sentencing is hard.

crimprof.blog/sentencing-t...

Sentencing Transgender Assassins of Supreme Court Justices – Crimprof Blog

crimprof.blog

Sam J. Merchant @sammerchant.bsky.social · 3d

Need a new Enlightenment, focused on only believing true things. (I’m not optimistic.)

Reposted by Sam J. Merchant

CrimProf Blog @crimprof.bsky.social · 4d

Sam Merchant posts "Explained: Sean 'Diddy' Combs Sentenced to 50 Months in Prison."

Unpacking one of the most high-profile applications of the Federal Sentencing Guidelines in years.

crimprof.blog/explained-se...

Explained: Sean “Diddy” Combs Sentenced to 50 Months in Prison – Crimprof Blog

crimprof.blog

Sam J. Merchant @sammerchant.bsky.social · 3d

Sam J. Merchant @sammerchant.bsky.social · 5d

Federal judges (really, their law clerks) using AI, resulting in fake citations. I’d support guidance from the Judicial Conference: At least right now, no sentence, phrase, or word should be AI generated in a court order or opinion.

news.bloomberglaw.com/product/blaw...

Bloomberg Law

news.bloomberglaw.com

Sam J. Merchant @sammerchant.bsky.social · 6d

I analyze the Sean "Diddy" Combs federal sentencing proceeding.
crimprof.blog/explained-se...

Explained: Sean “Diddy” Combs Sentenced to 50 Months in Prison – Crimprof Blog

crimprof.blog

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Reposted by Sam J. Merchant

Minnesota Law @umnlawschool.bsky.social · 10d

Prof. Sam Merchant was quoted by @nytimes.com about the length of sentence that rapper Sean Combs will receive at a hearing this Friday, saying that while guidelines often act as an “anchor” in sentencing, judges have significant leeway when deciding a defendant’s ultimate punishment.
z.umn.edu/ar8c

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Sam J. Merchant @sammerchant.bsky.social · 11d

I hope the Court backs away from the goofy obsession with founding-era analogs and at most focuses on founding-era principles (analogs being some potential indicia of principles but are not at all dispositive).

Sam J. Merchant @sammerchant.bsky.social · 11d

"Wake up, babe, new @nicholasbednar.bsky.social article just dropped." [Genuinely me this morning.]

Lawfare @lawfaremedia.org · 13d

Unless the Senate acts, the government will shut down midnight on Wednesday.

@nicholasbednar.bsky.social evaluates OMB Director Russ Vought's plan to use this shutdown as a springboard for permanent federal workforce cuts.

Reductions in Force During Shutdowns

The Trump administration plans to use the pending shutdown as justification for additional RIFs.

www.lawfaremedia.org

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Sam J. Merchant @sammerchant.bsky.social · 17d

Yep, something is up.

Sam J. Merchant @sammerchant.bsky.social · 26d

I’ve been wanting to write this exact piece (a common feeling I have with Tani’s work).

Sam J. Merchant @sammerchant.bsky.social · 26d

Oh, no I just meant in general. I haven’t seen that kind of takedown on this, I think for fear of extrajudicial killing, it being 2025. “He was with Venezuelan drug dealers.”

Sam J. Merchant @sammerchant.bsky.social · 26d

Alex O’Connor is in the ballpark (though much younger).

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Sam J. Merchant @sammerchant.bsky.social · Aug 27

Our drift from Thomas Paine:
“The word ‘republic’ means the public good, or the good of the whole, in contradistinction to the despotic form, which makes the good of the sovereign, or of one man, the only object of the government.”

Sam J. Merchant @sammerchant.bsky.social · Aug 26

Interesting but it doesn’t capture the reality that Platonists (I think?) actually seek objective truths in good faith. Not sure that maps onto how many judges use originalism…

Sam J. Merchant @sammerchant.bsky.social · Aug 26

I was recently thinking about a piece on AI at sentencing and was pondering a footnote describing my exact use and offering the one or two deep research reports to anyone who asked. AI really hasn’t been that helpful to me other than occasionally identifying a relevant book or article.

Sam J. Merchant @sammerchant.bsky.social · Aug 23

avalon.law.yale.edu/18th_century...

www.abrahamlincolnonline.org/lincoln/spee...

Avalon Project - Journals of the Coninental Congress - The Articles of Association; October 20, 1774

avalon.law.yale.edu

Sam J. Merchant @sammerchant.bsky.social · Aug 23

It reminds of the Articles of Association (1774) (which Lincoln credits in his First Inaugural as "forming" the "Union").
Clause 8: "We will . . . encourage frugality, economy, and industry . . and will discountenance and discourage every species of extravagance and dissipation."

David Mack @davidmackau.bsky.social · Aug 8

no but this is crazy

before and after of the Oval Office covered in tacky gold

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Sam J. Merchant @sammerchant.bsky.social · Aug 20

Sam J. Merchant @sammerchant.bsky.social · Aug 19

“Come make $35k per year, with 80 students per class. Free Bible* included!”

*Trump Bible.

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Sam J. Merchant @sammerchant.bsky.social · Aug 18

Honored to be appointed to the U.S. Sentencing Commission‘s Advisory Group on Research and Data Practices. This group combines sentencing scholars with experts from other fields to inform criminal sentencing policies and practices.

www.ussc.gov/about/news/p...

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