Mark Tushnet
@marktushnet.bsky.social
Emeritus professor of constitutional law, including free expression and comparative constitutional law. Still trying to stay intellectually active.
Even if the premise is true the conclusion doesn’t follow: The advice is to refuse an illegal order, which by his premise you won’t ever get, so the advice is to obey the orders you receive.
November 23, 2025 at 9:38 PM
Even if the premise is true the conclusion doesn’t follow: The advice is to refuse an illegal order, which by his premise you won’t ever get, so the advice is to obey the orders you receive.
Meanwhile, try the Supreme Betrayal podcast by Mark Tushnet and Mike Seidman, on RSS feed, Spotify, and Apple Podcasts😀.
November 21, 2025 at 2:26 AM
Meanwhile, try the Supreme Betrayal podcast by Mark Tushnet and Mike Seidman, on RSS feed, Spotify, and Apple Podcasts😀.
Reporting indiates that this is a direct 15th amendment case, not a VRA sec. 2 case. So why wd Callais be relevant? (Not to deny that Brennan's rule of five might operate)
November 18, 2025 at 8:23 PM
Reporting indiates that this is a direct 15th amendment case, not a VRA sec. 2 case. So why wd Callais be relevant? (Not to deny that Brennan's rule of five might operate)
2/ But see Youngstown, though maybe not a “signature program."
November 16, 2025 at 6:28 PM
2/ But see Youngstown, though maybe not a “signature program."
2/ Mostly seeming successes that turned out to fail, but at least 1 seeming failure that turned out OK. Despite the editor’s hopes, no generalizations whatever seem available—except maybe that outsiders don’t do much help even when well-motivated, which they aren’t always.
November 6, 2025 at 8:21 PM
2/ Mostly seeming successes that turned out to fail, but at least 1 seeming failure that turned out OK. Despite the editor’s hopes, no generalizations whatever seem available—except maybe that outsiders don’t do much help even when well-motivated, which they aren’t always.
