John Mikhail
@johnmikhail.bsky.social
Carroll Professor at Georgetown Law
https://www.law.georgetown.edu/faculty/john-mikhail/
https://www.law.georgetown.edu/faculty/john-mikhail/
Reposted by John Mikhail
Unpacking the Justice Department's arguments in the #birthright citizenship litigation.
The meaning of “domicile” and gaps in the argument.
By @martylederman.bsky.social and @johnmikhail.bsky.social
www.justsecurity.org/120152/birth...
The meaning of “domicile” and gaps in the argument.
By @martylederman.bsky.social and @johnmikhail.bsky.social
www.justsecurity.org/120152/birth...
Taking Stock of the Birthright Citizenship Cases, Part III: DOJ’s Arguments Regarding Domicile and Unauthorized Immigrants
Unpacking the Justice Department's arguments in the birthright citizenship litigation.
www.justsecurity.org
September 8, 2025 at 12:39 PM
Unpacking the Justice Department's arguments in the #birthright citizenship litigation.
The meaning of “domicile” and gaps in the argument.
By @martylederman.bsky.social and @johnmikhail.bsky.social
www.justsecurity.org/120152/birth...
The meaning of “domicile” and gaps in the argument.
By @martylederman.bsky.social and @johnmikhail.bsky.social
www.justsecurity.org/120152/birth...
Reposted by John Mikhail
FBI, DEA and other law enforcement recorded in Georgetown walking around
“There’s not much going on around here… maybe they’re practicing”
“There’s not much going on around here… maybe they’re practicing”
August 13, 2025 at 4:35 AM
FBI, DEA and other law enforcement recorded in Georgetown walking around
“There’s not much going on around here… maybe they’re practicing”
“There’s not much going on around here… maybe they’re practicing”
Reposted by John Mikhail
"This is no longer a looming hunger crisis – this is starvation, pure and simple." www.theguardian.com/world/live/2...
UN warns Gaza faces ‘starvation, pure and simple’ as child deaths mount – latest updates
Humanitarian office says 37 children have died from acute malnutrition since July, as overall toll nears 100
www.theguardian.com
August 10, 2025 at 6:30 PM
"This is no longer a looming hunger crisis – this is starvation, pure and simple." www.theguardian.com/world/live/2...
Reposted by John Mikhail
Pillard in dissent, 100% right: “The majority does an exemplary judge a grave disservice by overstepping its bounds to upend his effort to vindicate the judicial authority that is our shared trust."
August 8, 2025 at 3:55 PM
Pillard in dissent, 100% right: “The majority does an exemplary judge a grave disservice by overstepping its bounds to upend his effort to vindicate the judicial authority that is our shared trust."
Reposted by John Mikhail
would love to live in a country with a ruling class less committed to vice signaling
WASHINGTON (AP) - US Air Force says it will deny retirement pay to transgender service members being separated from the service.
August 7, 2025 at 10:50 PM
would love to live in a country with a ruling class less committed to vice signaling
Reposted by John Mikhail
“The combination of the Supreme Court’s shift to the right, both on content and in form, along with Trump’s autocratic approach, is radically altering the character and content of American government,” Tom Edsall writes.
Opinion | The Supreme Court Has Finally Found a President It Likes
Its six-member conservative majority has become a key enabler of Trump’s agenda.
nyti.ms
August 5, 2025 at 4:05 PM
“The combination of the Supreme Court’s shift to the right, both on content and in form, along with Trump’s autocratic approach, is radically altering the character and content of American government,” Tom Edsall writes.
Reposted by John Mikhail
The UN has determined that the “worst-case scenario of Famine is currently playing out in the Gaza Strip.”
Alex DeWaal and @tomdannenbaum.bsky.social call for all States to fulfill their moral, legal, and basic human imperatives now by ensuring comprehensive humanitarian action.
Alex DeWaal and @tomdannenbaum.bsky.social call for all States to fulfill their moral, legal, and basic human imperatives now by ensuring comprehensive humanitarian action.
Time Has Run Out: Mass Starvation in Gaza and the Global Imperative
It is time for comprehensive, full-spectrum, sustainable, and coordinated humanitarian action. States globally must act without delay on that imperative.
www.justsecurity.org
July 30, 2025 at 1:19 PM
The UN has determined that the “worst-case scenario of Famine is currently playing out in the Gaza Strip.”
Alex DeWaal and @tomdannenbaum.bsky.social call for all States to fulfill their moral, legal, and basic human imperatives now by ensuring comprehensive humanitarian action.
Alex DeWaal and @tomdannenbaum.bsky.social call for all States to fulfill their moral, legal, and basic human imperatives now by ensuring comprehensive humanitarian action.
Reposted by John Mikhail
Honored that my book is on the longlist for this year’s Cundill History Prize.
www.cundillprize.com/news/the-202...
www.cundillprize.com/news/the-202...
The 2025 Cundill History Prize Longlist | Cundill Prize
The jurors have chosen 15 exceptional titles to be longlisted for the 2025 Cundill History Prize.
www.cundillprize.com
July 28, 2025 at 4:18 PM
Honored that my book is on the longlist for this year’s Cundill History Prize.
www.cundillprize.com/news/the-202...
www.cundillprize.com/news/the-202...
Reposted by John Mikhail
"While Sudan’s crisis continues to escalate, it has received limited coverage in international media, and Sudan’s humanitarian collapse raises a difficult question: Why is the world ignoring Sudan?
Part of the answer lies in global attention fatigue"
#Sudan
Part of the answer lies in global attention fatigue"
#Sudan
The armed conflict in Sudan seems to be one of the world's most forgotten civil wars. The reigning silence surrounding this conflict plunges the population into daily turmoil.
Sudan is bleeding in silence: A humanitarian crisis the world cannot ignore
The armed conflict in Sudan seems to be one of the world's most forgotten civil wars. The reigning silence surrounding this conflict plunges the population into daily turmoil.
globalvoices.org
July 28, 2025 at 8:25 PM
"While Sudan’s crisis continues to escalate, it has received limited coverage in international media, and Sudan’s humanitarian collapse raises a difficult question: Why is the world ignoring Sudan?
Part of the answer lies in global attention fatigue"
#Sudan
Part of the answer lies in global attention fatigue"
#Sudan
Reposted by John Mikhail
The final contribution to the Balkinization symposium on my new book *The Oldest Constitutional Question* is by Prof. John Mikhail of Georgetown. You can find it here:
balkin.blogspot.com/2025/07/why-...
@johnmikhail.bsky.social
Sometime soon, I'll post a response to all the symposium essays.
balkin.blogspot.com/2025/07/why-...
@johnmikhail.bsky.social
Sometime soon, I'll post a response to all the symposium essays.
Balkinization: Why Did the Framers Enumerate Congressional Powers?
A group blog on constitutional law, theory, and politics
balkin.blogspot.com
July 21, 2025 at 12:51 AM
The final contribution to the Balkinization symposium on my new book *The Oldest Constitutional Question* is by Prof. John Mikhail of Georgetown. You can find it here:
balkin.blogspot.com/2025/07/why-...
@johnmikhail.bsky.social
Sometime soon, I'll post a response to all the symposium essays.
balkin.blogspot.com/2025/07/why-...
@johnmikhail.bsky.social
Sometime soon, I'll post a response to all the symposium essays.
Reposted by John Mikhail
It's out!
The Dangerous Rise of "Dual-Use" Objects in War
Coauthored with @mararevkin.bsky.social and @azmatzahra.bsky.social.
We show that the targeting of dual-use objects over the last several decades has placed civilians at great risk.
papers.ssrn.com/sol3/papers....
The Dangerous Rise of "Dual-Use" Objects in War
Coauthored with @mararevkin.bsky.social and @azmatzahra.bsky.social.
We show that the targeting of dual-use objects over the last several decades has placed civilians at great risk.
papers.ssrn.com/sol3/papers....
June 30, 2025 at 12:04 PM
It's out!
The Dangerous Rise of "Dual-Use" Objects in War
Coauthored with @mararevkin.bsky.social and @azmatzahra.bsky.social.
We show that the targeting of dual-use objects over the last several decades has placed civilians at great risk.
papers.ssrn.com/sol3/papers....
The Dangerous Rise of "Dual-Use" Objects in War
Coauthored with @mararevkin.bsky.social and @azmatzahra.bsky.social.
We show that the targeting of dual-use objects over the last several decades has placed civilians at great risk.
papers.ssrn.com/sol3/papers....
Reposted by John Mikhail
Unprecedentedly strong intervention by ICRC. “Palestinians, she says, have been stripped of human dignity. International humanitarian law is being hollowed out. What is happening in Gaza, she says, surpasses any acceptable legal, moral and humane standard” www.bbc.co.uk/news/live/cv...
Gaza worse than hell on Earth, Red Cross chief tells BBC as aid centres close for day - live updates
The president of the ICRC tells the BBC's international editor Jeremy Bowen Palestinians have been stripped of human dignity.
www.bbc.co.uk
June 4, 2025 at 11:07 AM
Unprecedentedly strong intervention by ICRC. “Palestinians, she says, have been stripped of human dignity. International humanitarian law is being hollowed out. What is happening in Gaza, she says, surpasses any acceptable legal, moral and humane standard” www.bbc.co.uk/news/live/cv...
Reposted by John Mikhail
“What we need is for UNICEF and its humanitarian partners to be allowed to do our jobs.”
Read UNICEF Executive Director Catherine Russell’s op-ed in @nytimes.com on the urgent need to regain safe, sustained aid access to Gaza at scale. ⬇️
Read UNICEF Executive Director Catherine Russell’s op-ed in @nytimes.com on the urgent need to regain safe, sustained aid access to Gaza at scale. ⬇️
Opinion | Children in Gaza Are Starving. Let the U.N. Do Its Job.
www.nytimes.com
May 29, 2025 at 3:12 PM
“What we need is for UNICEF and its humanitarian partners to be allowed to do our jobs.”
Read UNICEF Executive Director Catherine Russell’s op-ed in @nytimes.com on the urgent need to regain safe, sustained aid access to Gaza at scale. ⬇️
Read UNICEF Executive Director Catherine Russell’s op-ed in @nytimes.com on the urgent need to regain safe, sustained aid access to Gaza at scale. ⬇️
Reposted by John Mikhail
Focusing on eight examples from the government’s recent briefs, @johnmikhail.bsky.social argues that the Trump administration’s position misrepresents the history around #birthright #citizenship.
www.justsecurity.org/110212/birth...
www.justsecurity.org/110212/birth...
Birthright Citizenship and the DOJ’s Misuse of History in its Briefs
Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.
www.justsecurity.org
April 18, 2025 at 12:52 PM
Focusing on eight examples from the government’s recent briefs, @johnmikhail.bsky.social argues that the Trump administration’s position misrepresents the history around #birthright #citizenship.
www.justsecurity.org/110212/birth...
www.justsecurity.org/110212/birth...
Reposted by John Mikhail
The United States government arrested Rumeysa Ozturk for writing an op-ed, then defamed her with outright lies.
I encourage you to read and share the sworn affidavits linked below by the faculty and students who know her best.
She must be freed immediately.
www.documentcloud.org/documents/25...
I encourage you to read and share the sworn affidavits linked below by the faculty and students who know her best.
She must be freed immediately.
www.documentcloud.org/documents/25...
April 14, 2025 at 2:22 AM
The United States government arrested Rumeysa Ozturk for writing an op-ed, then defamed her with outright lies.
I encourage you to read and share the sworn affidavits linked below by the faculty and students who know her best.
She must be freed immediately.
www.documentcloud.org/documents/25...
I encourage you to read and share the sworn affidavits linked below by the faculty and students who know her best.
She must be freed immediately.
www.documentcloud.org/documents/25...
Reposted by John Mikhail
Two-thirds of both houses of Congress could undo this whenever they want by passing a bill over Trump's veto taking all power to set tariff rates away from him. Tariffs are set by law. The Constitution gives the president no power over tariffs--only our current laws do that.
Tariffs are actually controlled by law. Trump can only raise tariffs because the current law says the president can declare an emergency and change rates. Congress could actually pass a law that repeals **all** presidential discretion on tariff rates.
A pivotal group of Senate Republicans is set to deliver a symbolic rebuke to President Trump's tariffs on Canadian products.
Support from four Republicans would give a Democratic resolution to block Trump's Canadian tariffs enough votes to pass in the Senate if all 47 Democrats also vote in favor.
Support from four Republicans would give a Democratic resolution to block Trump's Canadian tariffs enough votes to pass in the Senate if all 47 Democrats also vote in favor.
April 2, 2025 at 9:35 PM
Two-thirds of both houses of Congress could undo this whenever they want by passing a bill over Trump's veto taking all power to set tariff rates away from him. Tariffs are set by law. The Constitution gives the president no power over tariffs--only our current laws do that.
Reposted by John Mikhail
Is there a right to defy a U.S. court order provided one does so outside the bounds of the U.S.? No, says equity whiz Samuel Bray, who’s exactly the person I was hoping would weigh in on the legalities. He says it’s straight contempt.
Contempt, Equity, and the Boundaries of the United States
Equity does not stop at the water's edge
blog.dividedargument.com
March 17, 2025 at 2:59 AM
Is there a right to defy a U.S. court order provided one does so outside the bounds of the U.S.? No, says equity whiz Samuel Bray, who’s exactly the person I was hoping would weigh in on the legalities. He says it’s straight contempt.
Reposted by John Mikhail
Some of my Columbia Law School colleagues and I offer our thoughts on legal issues with the Administration's March 13, 2025 letter to our University's president, and its threat to academic freedom. balkin.blogspot.com/2025/03/a-ti...
Balkinization: A Title VI Demand Letter That Itself Violates Title VI (and the Constitution)
A group blog on constitutional law, theory, and politics
balkin.blogspot.com
March 15, 2025 at 10:03 PM
Some of my Columbia Law School colleagues and I offer our thoughts on legal issues with the Administration's March 13, 2025 letter to our University's president, and its threat to academic freedom. balkin.blogspot.com/2025/03/a-ti...
Reposted by John Mikhail
Important new book by my @UMichLaw colleague, @Richard_Primus, focusing on the Constitution’s allocations of power. You can pre-order here.
The Oldest Constitutional Question: Enumeration and Federal Power
The Oldest Constitutional Question: Enumeration and Federal Power
a.co
March 14, 2025 at 2:00 PM
Important new book by my @UMichLaw colleague, @Richard_Primus, focusing on the Constitution’s allocations of power. You can pre-order here.
Reposted by John Mikhail
An unnecessary and self-mutilating attack on scientific research.
Making America Sicker and Weaker Again
Making America Sicker and Weaker Again
🧪 The attack on science could have a generational effect. We risk losing a wave of early-career researchers to these cuts. And biomedical science in the US will be less ambitious, less competitive & lead to fewer breakthroughs. So much is at stake. My latest for @opinion.bloomberg.com (🎁 link):
NIH Cuts Create a Lost Generation of Scientists
Trump administration attacks on the National Institutes of Health mean biomedical research will become less ambitious, less competitive and result in fewer breakthroughs.
www.bloomberg.com
March 14, 2025 at 4:40 AM
An unnecessary and self-mutilating attack on scientific research.
Making America Sicker and Weaker Again
Making America Sicker and Weaker Again
“Indeed, despite its rare use, section 237(a)(4)(C) has already been found unconstitutional by a federal court” on the grounds of “‘void for vagueness,’ a violation of due process.”
Yes. And the judge who wrote that opinion was Maryanne Trump Barry - Donald Trump’s eldest sister.
Yes. And the judge who wrote that opinion was Maryanne Trump Barry - Donald Trump’s eldest sister.
An important piece by two leading experts.
Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s)
By Ahilan Arulanantham (@ahilantoolong.bsky.social) and Adam Cox (@adambcox.bsky.social)
Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s)
By Ahilan Arulanantham (@ahilantoolong.bsky.social) and Adam Cox (@adambcox.bsky.social)
Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s)
"Khalil’s case involves an assertion of government power over lawful permanent residents far beyond what we have seen in decades, if ever."
www.justsecurity.org
March 12, 2025 at 9:54 PM
“Indeed, despite its rare use, section 237(a)(4)(C) has already been found unconstitutional by a federal court” on the grounds of “‘void for vagueness,’ a violation of due process.”
Yes. And the judge who wrote that opinion was Maryanne Trump Barry - Donald Trump’s eldest sister.
Yes. And the judge who wrote that opinion was Maryanne Trump Barry - Donald Trump’s eldest sister.
Reposted by John Mikhail
This is the dark heart & power of the war on terror discourse: its capacity to magically transform political expression into terrorism, and therefore deny an entire class of speakers the right to speak. We are seeing it play out aggressively in real time right now and it is terrifying.
The larger picture, as others have pointed out, is that the Biden administration and now the Trump administration have cast anyone who defends Palestine as "pro-Hamas" and anyone who defends the rights of the people saying it as "Hamas sympathizers" which makes it much easier to justify persecution.
My fear is that the Trump administration arrested Mahmoud Khalil to make an example out of him because they’re gambling Dems won’t put their jobs and lives on the line to protect a Palestinian.
March 10, 2025 at 2:37 PM
This is the dark heart & power of the war on terror discourse: its capacity to magically transform political expression into terrorism, and therefore deny an entire class of speakers the right to speak. We are seeing it play out aggressively in real time right now and it is terrifying.
Reposted by John Mikhail
Listen this IS in fact how it’s done.
Georgetown Law Dean William Treanor responds to Acting U.S. Atty Ed Martin’s threat to refuse to hire Georgetown graduates who have taken “DEI” courses in their curriculum.
Treanor is a brilliant lawyer & constitutional scholar. Embarrassing for Martin.
Georgetown Law Dean William Treanor responds to Acting U.S. Atty Ed Martin’s threat to refuse to hire Georgetown graduates who have taken “DEI” courses in their curriculum.
Treanor is a brilliant lawyer & constitutional scholar. Embarrassing for Martin.
With his permission, I'm sharing Dean Treanor's response to Ed Martin's letter:
March 6, 2025 at 8:24 PM
Listen this IS in fact how it’s done.
Georgetown Law Dean William Treanor responds to Acting U.S. Atty Ed Martin’s threat to refuse to hire Georgetown graduates who have taken “DEI” courses in their curriculum.
Treanor is a brilliant lawyer & constitutional scholar. Embarrassing for Martin.
Georgetown Law Dean William Treanor responds to Acting U.S. Atty Ed Martin’s threat to refuse to hire Georgetown graduates who have taken “DEI” courses in their curriculum.
Treanor is a brilliant lawyer & constitutional scholar. Embarrassing for Martin.
Reposted by John Mikhail
In November, the ICC issued arrest warrants for Netanyahu & Gallant for starvation crimes. In addition to disputing jurisdiction, Israel denied the facts, claiming it has allowed sufficient humanitarian access. Several States Parties said they won’t arrest Netanyahu.
Now this. 1/2
Now this. 1/2
Israel says it is stopping the entry of all goods and supplies into Gaza
Israel says it is stopping the entry of all aid and supplies into the Gaza Strip
The prime minister's office did not elaborate on the decision but warned of “additional consequences” if Hamas does not accept what Israel says is a U.S. proposal for an extension of the ceasefire.
apnews.com
March 2, 2025 at 2:00 PM
In November, the ICC issued arrest warrants for Netanyahu & Gallant for starvation crimes. In addition to disputing jurisdiction, Israel denied the facts, claiming it has allowed sufficient humanitarian access. Several States Parties said they won’t arrest Netanyahu.
Now this. 1/2
Now this. 1/2