Josh Chafetz

@joshchafetz.bsky.social

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Agnes Williams Sesquicentennial Professor of Law and Politics, Georgetown Law: https://www.law.georgetown.edu/faculty/josh-chafetz/

Author, most recently, of _Congress's Constitution_: https://www.amazon.com/dp/0300248334/

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Has anyone called dibs on STARMER UND DRANG yet?

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Josh Chafetz

On this July 4, please pause to remember that one of the colonists’ complaints in the Declaration was that the Crown was paying its judges.

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Josh Chafetz

this case against biden's resignation makes sense. i do think that if biden decides to step away from reelection, he should explicitly say that he is doing this because House Republicans are too corrupt to confirm a replacement for Harris.

1/ I'm agnostic as to whether Biden should withdraw from the race. It's a genuinely tough question IMO. But I have clarity on one thing: He should absolutely not step down as president. If Harris becomes President, the Vice Presidency is empty. Under the 25th Amendment ...

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Josh Chafetz

This is the thing.

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Josh Chafetz

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The best argument against Biden resigning.

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Josh Chafetz

No, States Would Not Be Forced to Keep Biden on the Ballot If He’s Not the Democratic Party’s Nominee from the DNC electionlawblog.org?p=144245

No, States Would Not Be Forced to Keep Biden on the Ballot If He's Not the Democratic Party's Nominee from the DNC #ELBelectionlawblog.org I have been seeing stories like this and this citing to a Heritage memo saying that in some states it would be hard for Democrats to list someone other than Biden on the ballot if Democrats nominate s...

on the plus side, though, season 3 of Barbecue Showdown drops tomorrow

Reminiscent of how, after 120 years, the first time women and/or people of color won more American Rhodes Scholarships than white men, we were treated to a WSJ editorial about how this was proof that the scholarships were no longer about merit.

this entire crusade against diversity in hiring and admissions is based on the supposition that all white men are necessarily more qualified than any nonwhite person or woman who might be considered for the job. like, this lawsuit more or less states that outright.

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

If you think unanimous decisions in the Supreme Court are proof that it's "law" not "politics," wait till I tell you about the prevalence of unanimous consent in the Senate!

1/ At some point every year in teaching Con Law--not just recently but for as long as I've been doing it--some student will play out the thread of "and then what if's" to the point where I say, "Well, it depends on whom the military would support in that situation."

Moreover, if the president then fails to set you free, you’d be entitled to another court order that says he’s a very naughty boy but the Founders didn’t want us to ruffle a hair on his naughty little head.

What a time to be alive!

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Josh Chafetz

This well-read little buddy was hanging out behind the Jefferson Building of the Library of Congress on my walk into work today!

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Josh Chafetz

Reply to

Rachel Shelden

Roberts' Court is as powerful as any Supreme Court has ever been. And it has spent the past few years accumulating even more power, as many scholars like @joshchafetz.bsky.social have argued: papers.ssrn.com/sol3/papers.... 3/

The New Judicial Power Grabpapers.ssrn.com The judges are out of control. While judicial institution-building is nothing new in American history, the John Roberts-helmed judiciary has engaged in a remark

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Josh Chafetz

Whether you agree as to whether this is the most dangerous Court since Taney's (the case @kevinmkruse.bsky.social makes here) there's another key point about the comparison: Taney's Court had only a fraction of the power and authority over American politics & society that Roberts' Court does 1/

I've seen enough -- this is the most radical, dangerous, arrogant, out-of-control Supreme Court in American history, and it needs to be treated as such. open.substack.com/pub/kevinmkr...

The Radical Roberts Courtopen.substack.com The current Supreme Court of the United States has just cemented its place in history as the most radical Supreme Court ever. For a century and a half, that dishonor has gone to the antebellum court l...

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Josh Chafetz

I wrote this opinion piece for Bloomberg Law about how to help Congress respond to Loper Bright and other decisions. More staff and capacity, new procedures, etc. Regardless of specifics, just sneeringly saying, “Congress, do your job” is not the answer. And courts shouldn’t diss Congress. ⚖️

Congress Needs to Take These Steps to Shore Up Chevron Responsenews.bloomberglaw.com William & Mary Law’s Aaron-Andrew Bruhl says the end of agency deference opens a door for Congress to advance statewide districts and and improve procedures to fill policy gaps.

I say this advisedly and based on repeated sampling since 1997: the cheese fries at Yorkside Pizza in New Haven are a wonder of the modern world.

what is he even doing

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Reply to

Taniel

Recapping: —Great night for far-right. Big surges all around France. Can win next week, but nothing certain. —Left bloc 2nd. But not great for them: stable since 2022, not what they need to win overall. —Macronists 3rd, will fall A LOT. But got just enough to still make many runoffs.

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Josh Chafetz

Reply to

Greg Sargent

I don’t know where I stand on “Biden should step aside.” I think there is one way to get this right — Biden delivers a national address as president stating that he believes his highest duty is defending the Constitution and the best way to do this is to step aside and hand the baron to Harris.

Ah, that sweet freedom that comes once you accept that you’ve already stained the shirt you’re wearing this evening …

My Acela made it all the way from Washington to … slightly north of Baltimore before “mechanical problems” have us just sitting here. 😢

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Josh Chafetz

BREAKING: The Supreme Court rejects Steve Bannon’s request to stay out of prison pending any remaining appeals of his contempt of Congress conviction. He is due to report to prison for a four-month sentence by Monday.

But of course even a perfectly clear delegation now has to navigate the MQD-as-clear-statement-rule gamut, as well.

This is usually sold as “Congress doesn’t understand issues enough to write statutes clearly giving authority to regulators,” but that’s not true. It’s perfectly easy to write clear broad delegations of power. But they aren’t POLITICALLY possible. Ambiguous delegations of power, perversely, are.

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Josh Chafetz

And of course Roberts cites the asinine "province and duty" line from Marbury. *taps sign*