Joey Fishkin
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fishkin.bsky.social
Joey Fishkin
@fishkin.bsky.social
Law prof @ UCLA. I study equality and oligarchy.
Most recent book @ https://anti-oligarchy.com
Reposted by Joey Fishkin
So, in the alternative, the SG argues that even if the Court holds that I'm right that "the regular forces" means the standing military, the courts nevertheless must presume Trump has already determined that the military would be "unable" to ensure law execution ... [4]
November 12, 2025 at 3:33 PM
And no troops waiting for a paycheck—and no schemes where a billionaire steps in to pay troops directly (one of the most bonkers policy proposals in all of American history, whose major problems have been obvious for literally thousands of years).

Unsurprisingly, didn't happen. Now Jan 31 it can't.
November 12, 2025 at 7:26 AM
Yes, fair enough.

I've gotten some results (i.e. replies, occasionally a correction) from journalists, but I have my own small platform in that I'm a professor who is viewed as an expert on some things.

There are MANY ways to accomplish these goals; bugging journalists is just one of many.
November 10, 2025 at 6:21 PM
Senators stuck in the DC/media matrix can and should hear it constantly from *other candidates* that they're doing it wrong. Other candidates are among the people with megaphones.

(Perhaps it gets a little extra bite when the candidate is your own daughter.)
Democrats Are So Angry, One Senator Faces Blowback From Her Daughter
www.nytimes.com
November 10, 2025 at 6:16 PM
This is the kind of question everyone with a megaphone needs to hear about 7 million times more often than they do now.

Not just the Senators themselves. The people who could ask the Senators this question and the people those people read and hear from and so on and so on...
Schumer's a coward. Shaheen & co. soiled themselves. Yes, yes to all of it. But why don't Murkowski, Tillis, & company even get asked questions? Why do we have zero expectation of them? Journalists don't even bother trying. We have accepted Murc's Law as a constitutional provision. It's maddening.
These 5 people could caucus with the Democrats, giving them a majority & firmly opposing the fascism, any time. It might be nice for an enterprising journalist to ask them why they keep not doing this every day as the crimes & corruption continue & John Thune refuses to fulfill his oath of office.
November 10, 2025 at 6:04 PM
Reposted by Joey Fishkin
Schumer's a coward. Shaheen & co. soiled themselves. Yes, yes to all of it. But why don't Murkowski, Tillis, & company even get asked questions? Why do we have zero expectation of them? Journalists don't even bother trying. We have accepted Murc's Law as a constitutional provision. It's maddening.
These 5 people could caucus with the Democrats, giving them a majority & firmly opposing the fascism, any time. It might be nice for an enterprising journalist to ask them why they keep not doing this every day as the crimes & corruption continue & John Thune refuses to fulfill his oath of office.
🚨 The Senate votes 52-48 to overturn President Trump's 50 percent tariffs on Brazil. 5 GOP Senators break ranks to vote against Trump: Collins ME, McConnell KY, Murkowski AK, Paul KY, and Tillis NC.
November 10, 2025 at 5:52 PM
This is exactly our world, and it makes it the weird obligation of Dem partisans to inform their representatives about reality.
The fact that many Democratic Senators are profoundly trapped in an unreal matrix of DC-media assumptions is a disaster on an epic scale. But it’s also an opportunity.

You have to wait years to primary most Senators, but you can fight to change those assumptions now.

Let me explain…
November 10, 2025 at 5:43 PM
Trump and many Senate Democrats seem to me to share the problem that they live in an extremely mediated bubble, impervious to what is happening.

The difference is that Trump at least understands this (he has no pretensions of caring about reality), and so he bullies the media accordingly.
November 10, 2025 at 5:32 PM
The good news is: this process is working. @ezraklein.bsky.social has one of the larger megaphones in the business and he definitely is part of the way there.

But the column still reflects media assumptions that Trump—TRUMP!—is an implacable force as opposed to an utter follower, easily influenced.
like this is basically it, the melts melted under pressure
November 10, 2025 at 5:28 PM
So yes—@runforsomething.net, support primary challengers, and campaign.

ALSO work to change the media diet that our confused leaders—some of whom we are stuck with well past January 2029—consume.

It's exhausting, it's an unfair burden, etc., but it's where we are.
Right, the answer isn't to abandon the party to these weasels.

The answer is to flood the party with people who will take it over and transform it.
Hey, a lot of people are talking about changing affiliation from Democratic to Independent.

Let me tell you why you shouldn’t do that in Colorado.

One of the main ways to get a primary challenge candidate on a ballot is to caucus for your party. You need to be registered as a Dem to caucus.
November 10, 2025 at 5:01 PM
That possibility is consistent with what I'm saying here. They know they need D partisans to turn out, and they think, incorrectly, that those D partisans out of touch (since the partisans' assumptions are so different from the reasonable things they hear every day). But they do want their votes.
November 10, 2025 at 4:54 PM
Possibly what they learned was they listened to Politico/Axios/Fox/X/the networks for a few weeks and realized that "when will the Democrats cave" was the only question people were asking, ergo they'd better cave, because no one else was going to be an adult and do it.
The fact that many Democratic Senators are profoundly trapped in an unreal matrix of DC-media assumptions is a disaster on an epic scale. But it’s also an opportunity.

You have to wait years to primary most Senators, but you can fight to change those assumptions now.

Let me explain…
November 10, 2025 at 4:47 PM
Reposted by Joey Fishkin
So it’s just hard to explain this as a strategic decision at all. Instead it looks like what they learned was their own unwillingness to see people harmed by the shutdown and their own lack of leadership, not anything about strategy
November 10, 2025 at 4:42 PM
To be concrete about this: we need a D trifecta willing to enact major changes in January 2029 if we want to preserve this democracy.

Some of the Senators who will need to vote for a filibuster carveout for that are _not facing election_ before then.

So their assumptions need to change.
November 10, 2025 at 4:44 PM