I've just posted on @ssrn.bsky.socialpapers.ssrn.com/sol3/papers....

I can’t believe I’ve been put in this position but this is a really incorrect framing of the concurrence. What’s worse, the misreading is getting folks to reflexively dismiss an opinion that wants to limit judges’ equitable power … which is ostensibly a lefty goal.

Jjamellebouie.netMay 24, 2024 11:54am

one thing to remember is that the central holding in plessy v. ferguson was not “segregation good” but that the constitution neither recognized social inequality as a fact in the world nor gave courts the power to remedy it. the constitution, under plessy, could neither see nor touch racism.

Clarence Thomas attacks Brown v. Board ruling amid 70th anniversary

Thomas suggests the court overreached its authority in the landmark decision.

I think my dude hedged way too much.

lpeproject.org/blog/constit...

Constitutional Politics and Dilemmas on the Left

Aziz Rana aims to free us from Constitution worship. An abiding faith in “redemptive” constitutionalism, his new book argues, has long held back liberals, progressives, and even the Left from…

lpeproject.org/blog/toward-...

Toward a New Constitutional Politics

Given the manifest flaws of the U.S. Constitution, how did Americans come to idolize this document? Aziz Rana kicks off a symposium on his new book, The Constitutional Bind, by reflecting on the path…

Appreciation post: this is one of my fav legislation pieces in recent memory.

Happy Easter 🐇🐰🐣

The Judicial War on government

The Judicial War on Government - Boston Review

The Supreme Court’s latest bid to control agencies like the EPA—and Congress itself.

Another Way to Rebut Major Questions Arguments, by Todd Phillips and Beau J. Baumann

I kind of think the preservation of the American system of government has depended on periodically forgetting the "Anti-Power Concentration Principle."