David Noll

@david.noll.org

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Law prof at Rutgers

Pre-order VIGILANTE NATION: https://www.simonandschuster.com/books/Vigilante-Nation/Jon-Michaels/9781668023235

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David Noll

Here's a guest link to an opinion piece the NYT published today that is actually worth your time and attention: Gettysburg’s Lost Cause Problem www.nytimes.com/2024/07/04/o...

Opinion | Gettysburg’s Lost Cause Problemwww.nytimes.com The site of the battle is hallowed ground, but it is littered with Confederate propaganda.

Just in time for July 4, my colleague Sarah Swan has posted her stunning new paper (forthcoming in Yale Law Journal) on police suing people they are supposed to protect. papers.ssrn.com/sol3/papers....

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But what if they were official acts?

SAO PAULO (AP) — Brazil's federal police indict ex-President Bolsonaro for money laundering and criminal association, source confirms.

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The New York Times Crisis of Confidence: badly shaken in the wake of bad editorial decisions, many are calling for the paper to resign.

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Relevant to that NYT piece that's going around...if your vote didn't still matter, they wouldn't be trying everything to convince you it was worthless.

He voted in both 2020 and 2022.

I have done some thinking about procedure that is created on the fly (www.nyulawreview.org/issues/volum...) and, while it's inevitable in many contexts, people really don't like it. A huge advantage of doing things by the book is that you don't have to defend your procedures. They just are. /1

Sticking with Biden or running Harris would be *far* less risky than dedicating two of the next four months to Democrat infighting, followed by an unprecedented delegate voting process and dubious chances of even getting on the ballot. Knowing this shit is supposed to be these people's job

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"On the other side of honesty is the possibility of change. For me, telling the truth is the most hopeful form of patriotism...It is the truest form of patriotism, a love that isn’t complacent, one that demands more than crumbs from justice’s table."

Happy 4th - gifting this to all of you who quit NYTimes. I'm hanging on. www.nytimes.com/2024/07/04/o...

Opinion | Loving America Means Expecting More From Itwww.nytimes.com On the other side of honesty is the possibility of change.

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So DC water is out, which sucks, but on a positive note I got really into the DC water supply in 2022 and this is a great time to bring out fun facts The water's out because they found turbidity at Dalecarlia Reservoir west of the city, where DC has gotten much of its water supply since the 1850s

everything would be fine if people just went to minor league baseball

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Could you show us the actual words in the Constitution that say the president is immune from criminal law?

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jesus christ i thought this was real

The largely silent ad, which will reportedly air in battleground states across the country, features a sequence of headshots depicting politicians, former Trump White House officials, journalists, and seemingly random average Americans with big red X’s over their faces.

New Trump Ad Shows Montage Of People He’ll Kill If Electedwww.theonion.com PHOENIX—Following this week’s landmark Supreme Court ruling granting presidents broad immunity against criminal prosecution for official acts, Donald Trump’s campaign released an ad Wednesday that con...

[stares]

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Fellas, this is the only woman who thinks a Cybertruck looks good

This is the only BlueSky starter pack you need!

Clearly I enjoyed myself at Monday's Supreme Court event at Georgetown Law (democracy is in crisis, and also, if you don't laugh you'll cry) To learn about where we are & where we can go from here, check out the full event, available now on CSPAN! www.c-span.org/video/?53668...

"If prisoners in federal custody were allowed to challenge their detainment based on alleged political persecution, the effect on the President's duties to conduct foreign affairs, direct the military, and take care that the laws are faithfully executed would be immediate and calamitous." /1

I can't get over this one.

The Constitution says that in cases of impeachment, "the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law." It does not except the president. But what impeachable offenses aren't covered by the new doctrine of immunity?

They have been brought up in a milieu in which the illegitimacy of anything touched by the Warren or Burger courts is taken for granted. For them, torching a few decades of precedent is just a day at the office.

The sheer breadth of Bruen, Trump, Dobbs, and Chevron is just mind blowing....and it seems pretty clear that even the conservative justices who voted for those opinions don't really understand exactly how far-reaching they are.

The one silver lining in Trump v. US is that the majority opinion is so sloppy and imprecise that it will be simple to limit. But to do that, we need a new court. Until then, lower courts should aggressively adopt the narrowest readings possible.

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In other Heritage Foundation news:

I sure hope all the Dems calling for Biden to step aside have gamed out the fuckery that the Heritage Foundation is planning www.notus.org/2024-electio...

"Don't worry, if the president imprisons his political enemies, you can still get a writ of habeas corpus." "But to prove that's why you've been imprisoned requires proof of..." "Presidential motive!" "And under Trump v US, presidential motive is..." "Inadmissible!"

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David Noll

“just somewhat unchecked”

don't know if anyone else has noticed this but I've heard getting a writ of habeas corpus is a little bit difficult these days

someone who is literally on the Hart & Wechsler casebook saying habeas corpus is the answer

constitutional lawyers use your fucking brain challenge www.politico.com/news/2024/07...

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People have let themselves believe they in particular would be fine as long as they live in the right states, where everyone votes the right way, and practices just the right type of politics.

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Team Trump admitting the immunity bullshit was just to slow walk the case and didn't in a million years expect to win it tells you just how fucked we are

‘It’s Like Christmas’: Team Trump Stunned by Massive Supreme Court Immunity Winwww.rollingstone.com Conservatives are planning to use the Supreme Court’s immunity decision to help them implement Trump’s extreme policy agenda, sources say.

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I really did not want to write this but in the end had no choice. danieldrezner.substack.com/p/the-codger...

The Codger-in Chiefdanieldrezner.substack.com In the wake of last Thursday's debate, Biden's staffers and supporters are starting to paint a picture. As the curator of the Toddler-in-Chief thread, this picture is disturbing.

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David Noll

This is one of the most dystopian signs I've ever seen. Republicans are quickly turning this country into an unrecognizable freakshow.

Pro-tip: When suing a law school for racial discrimination, don't use someone infamous for his gratuitous use of the N-word in the classroom as your comparator.

A lawsuit filed against Northwestern University opened a new front in the legal battle against affirmative action, alleging that its law school hires less-qualified people of color and women over White men for faculty positions in violation of federal anti-discrimination laws.

Lawsuit: Northwestern’s law school is biased against White men in hiringwapo.st The lawsuit, filed by a prominent attorney, alleges the university’s law school gives hiring preference to women and people of color.

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"Whether it be bribery, fraud, assassination, or a coup, the president is entitled to immunity for all offenses committed during working hours Monday through Friday."

Supreme Court Rules Trump Has Immunity For Any Crime Committed Between 9 And 5www.theonion.com WASHINGTON—In a partial victory for the former president, the Supreme Court ruled this week that Donald Trump has immunity for any crime committed between the hours of 9 a.m. and 5 p.m. during his tim...