Andrew Selbst
@aselbst.bsky.social
UCLA Law Prof. Focused on law, tech, and justice. Posting is mostly rage at fascists, their journalist enablers, and feckless Dems who need to retire. Sometimes I even post about things people call me an expert in. He/him. http://ssrn.com/author=1328346
Larry Summers was legitimately one of the least surprising possible elites on the Dem side of the aisle (supposedly) who could have shown up in the Epstein emails.
Is there a single person surprised that 1) he was chummy with Epstein or 2) tried to fuck grad students?
Is there a single person surprised that 1) he was chummy with Epstein or 2) tried to fuck grad students?
November 16, 2025 at 5:47 PM
Larry Summers was legitimately one of the least surprising possible elites on the Dem side of the aisle (supposedly) who could have shown up in the Epstein emails.
Is there a single person surprised that 1) he was chummy with Epstein or 2) tried to fuck grad students?
Is there a single person surprised that 1) he was chummy with Epstein or 2) tried to fuck grad students?
Even before the Epstein emails, wasn’t it abundantly clear that any supposed liberal organization that works with Larry Summers is just instantly discredited based on his views alone?
November 16, 2025 at 5:44 PM
Even before the Epstein emails, wasn’t it abundantly clear that any supposed liberal organization that works with Larry Summers is just instantly discredited based on his views alone?
Reposted by Andrew Selbst
The Supreme Court made up the "major questions doctrine," under which the Court gets extra powers when things are a Big Deal and what's a Big Deal is up to the Justices.
Why not make up a new "signature policies" rule where a president can put things beyond the court's reach, like a franchise tag.
Why not make up a new "signature policies" rule where a president can put things beyond the court's reach, like a franchise tag.
Bessent on tariffs: "This is one of President Trump's signature policies, and traditionally the Supreme Court does not interfere with a president's signature policy."
November 16, 2025 at 5:38 PM
The Supreme Court made up the "major questions doctrine," under which the Court gets extra powers when things are a Big Deal and what's a Big Deal is up to the Justices.
Why not make up a new "signature policies" rule where a president can put things beyond the court's reach, like a franchise tag.
Why not make up a new "signature policies" rule where a president can put things beyond the court's reach, like a franchise tag.
It’s too bad the MQD was never anything other than a made up vehicle for deregulatory (more cynically/accurately, Republican) wins at the Supreme Court.
In this post, I explain why the major questions doctrine provides additional reason to reject Trump's claims of sweeping detention/deportation power under the Alien Enemies Act, which he claims is triggered by illegal migration and drug smuggling: reason.com/volokh/2025/...
The Alien Enemies Act and the Major Questions Doctrine
The Trump administration's claims that illegal migration and drug smuggling qualify as an "invasion" or a "predatory incursion" under the Alien Enemies Act go against the major questions doctrine.
reason.com
November 16, 2025 at 5:36 PM
It’s too bad the MQD was never anything other than a made up vehicle for deregulatory (more cynically/accurately, Republican) wins at the Supreme Court.
Great. Just fucking great.
“As of today, von der Leyen’s political majority will be the right and far-right only, with devastating repercussions for the EU’s economy, society, and democratic foundations, enabling the US administration to double down on its influence over the EU”
This week marked a major milestone in the EU - the shattering of the cordon sanitaire against the far right in the European Parliament.
Here's my summary of what happened, what it means, and what's next:
Here's my summary of what happened, what it means, and what's next:
November 16, 2025 at 5:06 PM
Great. Just fucking great.
Reposted by Andrew Selbst
My latest on the AI bubble in finance: 6 charts that tell the story in ways that are hard to put into words.
1. U.S. data-center build-out. Notice the explosion in 2025. That's the permitting gold rush happening now. Would be shocking if 1 in 20 of these get built, but they factor into projections.
1. U.S. data-center build-out. Notice the explosion in 2025. That's the permitting gold rush happening now. Would be shocking if 1 in 20 of these get built, but they factor into projections.
November 16, 2025 at 2:44 PM
My latest on the AI bubble in finance: 6 charts that tell the story in ways that are hard to put into words.
1. U.S. data-center build-out. Notice the explosion in 2025. That's the permitting gold rush happening now. Would be shocking if 1 in 20 of these get built, but they factor into projections.
1. U.S. data-center build-out. Notice the explosion in 2025. That's the permitting gold rush happening now. Would be shocking if 1 in 20 of these get built, but they factor into projections.
Reposted by Andrew Selbst
This memo is almost an admission of legal *vulnerability* for those carrying out bombings.
“It signals fear that what they’re doing is illegal and that they could possibly be subject to criminal action under US law and international law,” Rep Adam Smith tells me. 4/
newrepublic.com/article/2032...
“It signals fear that what they’re doing is illegal and that they could possibly be subject to criminal action under US law and international law,” Rep Adam Smith tells me. 4/
newrepublic.com/article/2032...
November 15, 2025 at 12:29 PM
This memo is almost an admission of legal *vulnerability* for those carrying out bombings.
“It signals fear that what they’re doing is illegal and that they could possibly be subject to criminal action under US law and international law,” Rep Adam Smith tells me. 4/
newrepublic.com/article/2032...
“It signals fear that what they’re doing is illegal and that they could possibly be subject to criminal action under US law and international law,” Rep Adam Smith tells me. 4/
newrepublic.com/article/2032...
Reposted by Andrew Selbst
Trump's illegal murders in the Caribbean just got worse. An internal DOJ memo on the bombings says the victims are waging war on the US, but per NYT, it extensively cites the WH's *own claims* to this effect as evidence!
It gets even darker than that. 1/
(new piece)
newrepublic.com/article/2032...
It gets even darker than that. 1/
(new piece)
newrepublic.com/article/2032...
Trump Boat Bombings Take Dark, Unnerving Turn with Leaked Memo Stunner
A new Trump administration memo argues that those carrying out the boat attacks can’t be prosecuted. Why? Because the administration says so!
newrepublic.com
November 15, 2025 at 12:07 PM
Trump's illegal murders in the Caribbean just got worse. An internal DOJ memo on the bombings says the victims are waging war on the US, but per NYT, it extensively cites the WH's *own claims* to this effect as evidence!
It gets even darker than that. 1/
(new piece)
newrepublic.com/article/2032...
It gets even darker than that. 1/
(new piece)
newrepublic.com/article/2032...
Reposted by Andrew Selbst
I mean you literally aren’t but it’s fine
November 15, 2025 at 3:18 AM
I mean you literally aren’t but it’s fine
Reposted by Andrew Selbst
I should have started even earlier with the caption of the case: not UC, but AAUP, v Trump et al.
The @aaup.org and UC faculty associations, unions etc representing huge numbers of UC employees brought this suit.
The UC itself maintains its mysterious strategy of standing very, very still & quiet.
The @aaup.org and UC faculty associations, unions etc representing huge numbers of UC employees brought this suit.
The UC itself maintains its mysterious strategy of standing very, very still & quiet.
November 15, 2025 at 3:36 AM
I should have started even earlier with the caption of the case: not UC, but AAUP, v Trump et al.
The @aaup.org and UC faculty associations, unions etc representing huge numbers of UC employees brought this suit.
The UC itself maintains its mysterious strategy of standing very, very still & quiet.
The @aaup.org and UC faculty associations, unions etc representing huge numbers of UC employees brought this suit.
The UC itself maintains its mysterious strategy of standing very, very still & quiet.
Reposted by Andrew Selbst
BREAKING: In AAUP et al v. Trump (wall-to-wall union lawsuit challenging the administration’s unlawful use of TItle VI to reshape the University of California system), the faculty and staff of the UC system WON!!!
We were granted our preliminary injunction! @aaup.org
We were granted our preliminary injunction! @aaup.org
November 14, 2025 at 11:55 PM
BREAKING: In AAUP et al v. Trump (wall-to-wall union lawsuit challenging the administration’s unlawful use of TItle VI to reshape the University of California system), the faculty and staff of the UC system WON!!!
We were granted our preliminary injunction! @aaup.org
We were granted our preliminary injunction! @aaup.org
Reposted by Andrew Selbst
the only thing democrats should be saying today is “the entire republican party is engaged in a coverup of the most notorious child sex trafficking ring in world history”
November 12, 2025 at 2:08 PM
the only thing democrats should be saying today is “the entire republican party is engaged in a coverup of the most notorious child sex trafficking ring in world history”
I remain convinced that the thing that broke Congress was banning pork in the Obama era. Without a supermajority, you need something not aligned w party positions to get people to break ranks and giving Congresspeople goodies for their jurisdiction was it.
I guess we never really tried bribes tho
I guess we never really tried bribes tho
This hidden provision is so crooked and selfish, it doesn't even apply to US Representatives. Just US Senators.
Look at this new outrage. To open govt, we're retroactively letting 8 Senators sue for $500K each over having had their J6 phone toll records looked at. www.nytimes.com/2025/11/10/u...
November 11, 2025 at 1:16 AM
I remain convinced that the thing that broke Congress was banning pork in the Obama era. Without a supermajority, you need something not aligned w party positions to get people to break ranks and giving Congresspeople goodies for their jurisdiction was it.
I guess we never really tried bribes tho
I guess we never really tried bribes tho
Yeah, this makes sense to me too. It’s still infuriating.
I scribbled down all my shutdown-related intrusive thoughts and put them in a blog post.
open.substack.com/pub/davekarp...
open.substack.com/pub/davekarp...
The Shutdown Surrender
I just... I mean... Whatever.
open.substack.com
November 10, 2025 at 5:45 PM
Yeah, this makes sense to me too. It’s still infuriating.
Schumer and all the others need to be primaried into oblivion, sent to a retirement home, and never heard from again
Great job, @schumer.senate.gov. You've changed the story from "GOP hurting millions of Americans to please unpopular, failing, delusional despot who's destroying his party" to "Dems are too weak and divided in the face of Trump's strength to take a stand and protect Americans"
November 10, 2025 at 3:43 PM
Schumer and all the others need to be primaried into oblivion, sent to a retirement home, and never heard from again
The Democrats are just the absolute *worst* at politics. No question that the Republicans were being blamed for the shutdown. It sucked a lot but at least the politics were working. Now, by caving for nothing, they invalidate all that and leave people asking what the point was? It’s now their fault.
I received this email about Democrats caving to end the shutdown from one of the SNAP recipients I spoke to:
November 10, 2025 at 3:24 PM
The Democrats are just the absolute *worst* at politics. No question that the Republicans were being blamed for the shutdown. It sucked a lot but at least the politics were working. Now, by caving for nothing, they invalidate all that and leave people asking what the point was? It’s now their fault.
Reposted by Andrew Selbst
The thing to make it about was the lawless authoritarianism. Just like last week’s elections were.
They were never going to get ACA subsidies, which is part of why it was a mistake to insist this was only about ACA subsidies and nothing else.
Sincere question: does anybody have any evidence that the GOP/WH would have eventually folded and extended the ACA subsidies if the shutdown continued?
I haven’t seen any. The President didn’t seem to feeling any pressure. No GOP Senator AFAIK expressed any concern. (Some Reps did)
I haven’t seen any. The President didn’t seem to feeling any pressure. No GOP Senator AFAIK expressed any concern. (Some Reps did)
November 10, 2025 at 6:12 AM
The thing to make it about was the lawless authoritarianism. Just like last week’s elections were.
Reposted by Andrew Selbst
How about we shut down the government for this very popular and specific goal and then, hear me out, we hold out for like a month and a half and then, ok this part is important, after a watershed election where we ran the table, ONLY THEN, fold and don't get the one thing we said we wanted.
November 10, 2025 at 2:31 AM
How about we shut down the government for this very popular and specific goal and then, hear me out, we hold out for like a month and a half and then, ok this part is important, after a watershed election where we ran the table, ONLY THEN, fold and don't get the one thing we said we wanted.
Trump pardoning the fake ejectors criminals the same day that Senate Dems cave on the shutdown for nothing but a promise to hold a vote on health care says all you really need to understand 2025 politics.
November 10, 2025 at 6:21 AM
Trump pardoning the fake ejectors criminals the same day that Senate Dems cave on the shutdown for nothing but a promise to hold a vote on health care says all you really need to understand 2025 politics.
Reposted by Andrew Selbst
Maybe pundits should spend more time in densely packed, left leaning urban areas where the "real Americans" live
November 5, 2025 at 2:51 AM
Maybe pundits should spend more time in densely packed, left leaning urban areas where the "real Americans" live
The really gratifying thing for me about NY is that more than any other politician active right now, Adams is *corrupt* in the same way Trump is corrupt, in the very traditional sense of the word.
It’s just nice to see NY telling that kind of corruption to fuck all the way off. Hope it’s a trend.
It’s just nice to see NY telling that kind of corruption to fuck all the way off. Hope it’s a trend.
November 5, 2025 at 4:42 AM
The really gratifying thing for me about NY is that more than any other politician active right now, Adams is *corrupt* in the same way Trump is corrupt, in the very traditional sense of the word.
It’s just nice to see NY telling that kind of corruption to fuck all the way off. Hope it’s a trend.
It’s just nice to see NY telling that kind of corruption to fuck all the way off. Hope it’s a trend.
I hope all the people who are leaving NY manage to book before the flights to Florida sell out from the mass exodus.
November 5, 2025 at 3:59 AM
I hope all the people who are leaving NY manage to book before the flights to Florida sell out from the mass exodus.
Reposted by Andrew Selbst
oh, and don’t EVER say we shouldn’t demand more of elected democrats. a whole lot of them need to be replaced because they’re still too scared to do the right thing. don’t fucking settle. expect more.
November 5, 2025 at 2:48 AM
oh, and don’t EVER say we shouldn’t demand more of elected democrats. a whole lot of them need to be replaced because they’re still too scared to do the right thing. don’t fucking settle. expect more.
Reposted by Andrew Selbst
Looking forward to learning all about how the right should move left to win elections tomorrow. They should maybe dye their hair pink, learn to love pronouns.
November 5, 2025 at 1:48 AM
Looking forward to learning all about how the right should move left to win elections tomorrow. They should maybe dye their hair pink, learn to love pronouns.
Reposted by Andrew Selbst
I expect to see Schumer's resignation letter on my desk in the morning.
November 5, 2025 at 2:43 AM
I expect to see Schumer's resignation letter on my desk in the morning.