@derekgauthier.bsky.social
Interested in Federal Indian Law, water law, and environmental and natural resources law.
Reposted
“If you don’t want to be called a fascist regime or secret police, stop acting like one.”
Goldman to Lyons: "You said in your opening statement that references to ICE as 'the Gestapo' or 'secret police' encourages threats against ICE agents. The problem is you have it backwards. People are simply making valid observations about your tactics, which are un-American and outright fascist."
February 11, 2026 at 4:31 AM
“If you don’t want to be called a fascist regime or secret police, stop acting like one.”
I BELIEVE IN AMERICA
I BELIEVE IN AMERICA
Yes, there are shameful things in our past and present. And yes, we have to grapple with those things to build something better. But we have aspirational greatness. And I believe in that vision and believe that vision is worth the effort. 2/2
February 9, 2026 at 5:33 AM
I BELIEVE IN AMERICA
Yo, the Constitution is cool, judges too, unless, like, I want to do something and like a judge says I can’t cause the Constitution.
There I summarized it.
There I summarized it.
Rep. Tony Gonzales: "Of course I believe in the Fourth Amendment, but ... "
February 8, 2026 at 4:02 PM
Yo, the Constitution is cool, judges too, unless, like, I want to do something and like a judge says I can’t cause the Constitution.
There I summarized it.
There I summarized it.
Look, if the, now infamous, attorney (in NY) that used AI to draft filings + his response to a show cause order, (making up an incoherent legal research and citation method at the hearing) teaches us anything: the pages of legal ethics textbooks are up for grabs.
February 8, 2026 at 9:55 AM
Look, if the, now infamous, attorney (in NY) that used AI to draft filings + his response to a show cause order, (making up an incoherent legal research and citation method at the hearing) teaches us anything: the pages of legal ethics textbooks are up for grabs.
Reposted
For example: if 84% of people already agree that scientific research aimed at advancing knowledge is usually a worthwhile investment over time...
Why are you so sure that the real problem is that people "just don't know enough about why research matters"
www.pewresearch.org/science/2026...
Why are you so sure that the real problem is that people "just don't know enough about why research matters"
www.pewresearch.org/science/2026...
February 7, 2026 at 2:26 AM
For example: if 84% of people already agree that scientific research aimed at advancing knowledge is usually a worthwhile investment over time...
Why are you so sure that the real problem is that people "just don't know enough about why research matters"
www.pewresearch.org/science/2026...
Why are you so sure that the real problem is that people "just don't know enough about why research matters"
www.pewresearch.org/science/2026...
Reposted
Oregon update: Judge Kasubhai's opinion dismissing all of DOJ's claims for Oregon's voter data is out.
Like the California decision, it questions DOJ's honesty about why it wants states' voter data. That's now 2 federal judges raising credibility concerns.
Read it here: go.wisc.edu/yj2j42 18/
Like the California decision, it questions DOJ's honesty about why it wants states' voter data. That's now 2 federal judges raising credibility concerns.
Read it here: go.wisc.edu/yj2j42 18/
February 6, 2026 at 3:24 AM
Oregon update: Judge Kasubhai's opinion dismissing all of DOJ's claims for Oregon's voter data is out.
Like the California decision, it questions DOJ's honesty about why it wants states' voter data. That's now 2 federal judges raising credibility concerns.
Read it here: go.wisc.edu/yj2j42 18/
Like the California decision, it questions DOJ's honesty about why it wants states' voter data. That's now 2 federal judges raising credibility concerns.
Read it here: go.wisc.edu/yj2j42 18/
Reposted
"Prosecutor Fired After Voicing Frustration With Immigration Caseload," @NYTimes reports. www.nytimes.com/2026/02/04/u...
February 5, 2026 at 8:54 AM
"Prosecutor Fired After Voicing Frustration With Immigration Caseload," @NYTimes reports. www.nytimes.com/2026/02/04/u...
I think it’s hard to describe US business as anything other than highly concentrated and thus not decentralized. It also seems like states (and their endless political subdivisions) are fairly resilient
The US was supposed to be more resilient to autocracy because its Constitution, administrative state, and civil society (mostly business) decentralized authority. But this decentralization may have actually made civil society institutions easier to extort one by one.
One might interpret the Washington Post news as consistent with my ongoing claim that our legacy institutions, once thought to be the bulwark of civil society, will not save our democracy. They are simply too vulnerable to the extortion leveled by the ruling regime.
February 5, 2026 at 8:00 AM
I think it’s hard to describe US business as anything other than highly concentrated and thus not decentralized. It also seems like states (and their endless political subdivisions) are fairly resilient
It’s really hard to watch something you care about crumble in front of you. And I care about the rule of law. But I know we can course correct because people in this country care about the rule of law, and care enough about each other to see it through.
I don't know when I last read something like the transcript out of Minnesota, so I spent the evening putting this together.
www.lawdork.com/p/the-minnes...
www.lawdork.com/p/the-minnes...
February 5, 2026 at 7:32 AM
It’s really hard to watch something you care about crumble in front of you. And I care about the rule of law. But I know we can course correct because people in this country care about the rule of law, and care enough about each other to see it through.
Reposted
Just experienced the most intense tear gassing of my life by federal officers outside the ICE facility in Portland where marchers gathered. There was no fast exit as they indiscriminately threw loads of gas and flash bangs. Children were in the crowd screaming. @oregoncapitalchronicle.com
February 1, 2026 at 12:50 AM
Just experienced the most intense tear gassing of my life by federal officers outside the ICE facility in Portland where marchers gathered. There was no fast exit as they indiscriminately threw loads of gas and flash bangs. Children were in the crowd screaming. @oregoncapitalchronicle.com
Reposted
The unitary executive exception to Artice I, Section 8.
Trump on his multiple suits against the federal government: "I'm supposed to work out a settlement with myself ... We could make it a substantial amount, nobody would care, because it's gonna go to numerous, very good charities."
February 1, 2026 at 2:55 AM
The unitary executive exception to Artice I, Section 8.
Reposted
In Printz v. United States, #SCOTUS held that the Constitution bars the federal government from forcing or otherwise compelling local or state governments to enforce federal law.
The liberal squish who wrote the majority opinion in that case? Justice Antonin Scalia:
tile.loc.gov/storage-serv...
The liberal squish who wrote the majority opinion in that case? Justice Antonin Scalia:
tile.loc.gov/storage-serv...
January 28, 2026 at 1:41 PM
In Printz v. United States, #SCOTUS held that the Constitution bars the federal government from forcing or otherwise compelling local or state governments to enforce federal law.
The liberal squish who wrote the majority opinion in that case? Justice Antonin Scalia:
tile.loc.gov/storage-serv...
The liberal squish who wrote the majority opinion in that case? Justice Antonin Scalia:
tile.loc.gov/storage-serv...
What’s funny (peculiar and haha) about the interview is Epstein simultaneously asserts that the judgment of an expert should be questioned but questioning his (non-expert) judgment is disrespectful. And his righteous indignation blinds him to the fact of demanding humility despite being a dilettante
Best read (if at all) after refreshing one's recollection about the rants in his interview with Isaac Chotiner www.newyorker.com/news/q-and-a...
January 28, 2026 at 12:39 PM
What’s funny (peculiar and haha) about the interview is Epstein simultaneously asserts that the judgment of an expert should be questioned but questioning his (non-expert) judgment is disrespectful. And his righteous indignation blinds him to the fact of demanding humility despite being a dilettante
Reposted
I’ve never seen anything quite like Chief Judge Schiltz’s letter to Chief Judge Colloton.
(The Eighth Circuit has since denied DOJ’s application, but didn’t acknowledge any of its … ridiculous … behavior.)
(The Eighth Circuit has since denied DOJ’s application, but didn’t acknowledge any of its … ridiculous … behavior.)
A magistrate judge found no probable cause to support arrest warrants for 5 people involved in the St. Paul church protest.
DOJ appealed to the 8th Cir.
That appeal led to this remarkable letter from the Chief Judge of the Minnesota district court…
storage.courtlistener.com/recap/gov.us...
DOJ appealed to the 8th Cir.
That appeal led to this remarkable letter from the Chief Judge of the Minnesota district court…
storage.courtlistener.com/recap/gov.us...
January 24, 2026 at 8:20 PM
I’ve never seen anything quite like Chief Judge Schiltz’s letter to Chief Judge Colloton.
(The Eighth Circuit has since denied DOJ’s application, but didn’t acknowledge any of its … ridiculous … behavior.)
(The Eighth Circuit has since denied DOJ’s application, but didn’t acknowledge any of its … ridiculous … behavior.)
Reposted
This sure seems more like the tyranny the Constitution is supposed to protect against than forgiving student loans.
January 24, 2026 at 5:02 PM
This sure seems more like the tyranny the Constitution is supposed to protect against than forgiving student loans.
Reposted
@nytimes.com look at what a *news*paper looks like
Tomorrow's front page of the Minnesota Star Tribune: Jan. 24, 2026
January 24, 2026 at 3:15 AM
@nytimes.com look at what a *news*paper looks like
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I'm not saying I know that Canadian PM Carney's speech today will be as epoch-defining as Churchill's Iron Curtain speech. But every American who cares about this country's place in the world should read it. This is what we've done--and are doing.
www.nytimes.com/interactive/...
www.nytimes.com/interactive/...
TRANSCRIPT: Prime Minister Mark Carney of Canada Rebukes U.S. Primacy at Davos
The Canadian leader warned that middle powers need to stand together or they’ll find themselves “on the menu.”
www.nytimes.com
January 21, 2026 at 3:46 AM
I'm not saying I know that Canadian PM Carney's speech today will be as epoch-defining as Churchill's Iron Curtain speech. But every American who cares about this country's place in the world should read it. This is what we've done--and are doing.
www.nytimes.com/interactive/...
www.nytimes.com/interactive/...
Despite Netflix and Hulu collecting data on my viewing preferences for more than a decade both remain utterly incompetent at recommending things I would enjoy watching.
January 19, 2026 at 11:06 AM
Despite Netflix and Hulu collecting data on my viewing preferences for more than a decade both remain utterly incompetent at recommending things I would enjoy watching.
Live shot of Richard seeing this post
January 17, 2026 at 11:18 AM
Live shot of Richard seeing this post
Reposted
Video message from Federal Reserve Chair Jerome H. Powell:
www.youtube.com/watch?v=KckG...
www.federalreserve.gov/newsevents/s...
www.youtube.com/watch?v=KckG...
www.federalreserve.gov/newsevents/s...
Statement by Federal Reserve Chair Jerome H. Powell
YouTube video by Federal Reserve
www.youtube.com
January 12, 2026 at 12:35 AM
Video message from Federal Reserve Chair Jerome H. Powell:
www.youtube.com/watch?v=KckG...
www.federalreserve.gov/newsevents/s...
www.youtube.com/watch?v=KckG...
www.federalreserve.gov/newsevents/s...
Reposted
Liberté, Égalité, Chardonnay
January 11, 2026 at 11:42 PM
Liberté, Égalité, Chardonnay
The phrase “cases may be referred [to the DA]” suggests careful wording because the Oregon DoJ can prosecute the case (and displace the district attorney) at the request of the Governor.
I’m not saying it should happen. I’m only pointing out existing law authorizes it, leading to careful language
I’m not saying it should happen. I’m only pointing out existing law authorizes it, leading to careful language
BREAKING NEWS: We are opening a formal investigation into the shooting involving federal agents in Portland today.
Our office will take every step necessary to ensure the rights and security of Oregonians are protected. #orpol #breakingnews
Our office will take every step necessary to ensure the rights and security of Oregonians are protected. #orpol #breakingnews
January 9, 2026 at 10:17 AM
The phrase “cases may be referred [to the DA]” suggests careful wording because the Oregon DoJ can prosecute the case (and displace the district attorney) at the request of the Governor.
I’m not saying it should happen. I’m only pointing out existing law authorizes it, leading to careful language
I’m not saying it should happen. I’m only pointing out existing law authorizes it, leading to careful language
Reposted
This is a big deal, although a lot will depend on what #SCOTUS does in the Illinois case (in which we don’t expect a ruling until the week of November 17 at the earliest).
BREAKING: Judge Immergut issues a permanent injunction against Pete Hegseth and the deployment of the National Guard to Portland.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
November 8, 2025 at 1:23 AM
This is a big deal, although a lot will depend on what #SCOTUS does in the Illinois case (in which we don’t expect a ruling until the week of November 17 at the earliest).
Reposted
if someone tells you founding era judges didn’t have a role in adjudicating military affairs, what they’re actually telling you is they don’t know anything about the 18th century
October 6, 2025 at 11:18 PM
if someone tells you founding era judges didn’t have a role in adjudicating military affairs, what they’re actually telling you is they don’t know anything about the 18th century