Pat Sobkowski

@pjsobkowski.bsky.social

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Prof., Marquette University Department of Political Science. American Political Development, Constitutional Law, Administrative Law. #polisky

📍Milwaukee, WI

https://patsobkowski.com/

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Apropos of nothing: Justice Thomas wrote a concurrence in Trump v. US, arguing that the special prosecutor is unconstitutional. See (pp. 54-60 of PDF): supremecourt.gov/opinions/23pdf…

It’s pretty funny that people are blaming the Democrats for rhetoric when GOP congresspersons are literally airing ads of them shooting guns at “woke” objects, etc.

Recent finds.

There is no way we avoid a second Trump term.

We adopted Abe today! “With MEOWlice toward none.”

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Pat Sobkowski

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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Pat Sobkowski

Reply to

Blake Emerson

Ooh hey what if! What if you actually need courts for things and that's WHY we need court reform?? www.liberalcurrents.com/restoring-ou...

Restoring Our Courtwww.liberalcurrents.com Judicial review is essential to our democracy, and that is why court reform is so important.

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Pat Sobkowski

Saying someone is presumptively immune from prosecution then barring the introduction of evidence of their mental state is a neat trick.

The text matters, say the high lords of the court.

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Pat Sobkowski

Thread 🧵 on the immunity decision. Roberts basically creates 3 big boxes to analyze Presidential immunity claims. 1. Absolute immunity—Core executive power (firing of executive branch officers, pardons) —the president cannot be prosecuted for this—ever. Trump pressuring DOJ officials=immune.

Another important point: the majority says conduct that is protected (immune) cannot be used as evidence in another prosecution for unprotected conduct.

basically making a coup legal as long as you discuss it with your vice president. moreover, this way of argumentation that ignores obvious context and treats all reasoning like we're in a law school seminar is just straight-up gaslighting.

The tiers of presidential immunity: "core" executive powers/functions: absolute Official acts: presumptive immunity Unofficial acts: no immunity For a court that praises formalism, this test is... not that.

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Pat Sobkowski

This is the actual, original article The Imperial Supreme Court. Accept no imitations from the New York Times, which decided to take the title and idea without attribution (after turning down my op ed with the same title, no less) harvardlawreview.org/forum/vol-13...

The Imperial Supreme Court - Harvard Law Reviewharvardlawreview.org The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the...

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Pat Sobkowski

After last week's developments in administrative law and the presidential election, I fear the "existential challenge to the administrative state" is accelerating. Check out my forthcoming paper in the Georgetown Law Journal on the developments and how to respond. papers.ssrn.com/sol3/papers....

THE EXISTENTIAL CHALLENGE TO THE ADMINISTRATIVE STATEpapers.ssrn.com A set of constitutional claims today strikes at the heart of the administrative authority of the federal government. Claims regarding administrative policymakin

We’re adopting this little guy soon. His name shall be Abe.

Genius article.

And here's the article itself www.yalelawjournal.org/article/the-...

The Accountable Bureaucratwww.yalelawjournal.org An elected leader’s control may seem essential to bureaucratic accountability. But the administrative state itself better secures accountability’s core values. As this empirical study shows, complemen...

I also made a constitutional law starter pack. I tried to not double-count administrative law pack members so more people get included! Cc, again: @joshuajfriedman.com go.bsky.app/MDDmJYL

Constitutional Lawbsky.app Join the conversation

I made an administrative law starter pack! Give us a follow if you want to read more about how governance works! Cc: @joshuajfriedman.com go.bsky.app/GpfKupZ

Administrative Lawbsky.app Join the conversation

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Pat Sobkowski

Read Dave, who has managed to muster the clarity that I could not this morning

Typed up my notes on last night's Presidential debate. What a mess. It wasn't fatal. But it wasn't nothing either. open.substack.com/pub/davekarp...

Debate notesopen.substack.com It was a bad night. But at least its over. ...Right?

The link is broken. Ugh. Here it is: www.yalejreg.com/nc/chaos-and...

I wrote something on Loper Bright and the overruling of Chevron for Yale JReg. The essay builds on some themes that I articulated in an essay after Biden v. Nebraska last year (link in comments.) A short 🧵 yalejreg.com/nc/chaos-and-c…

yalejreg.com

Chaos and Chevron in the Backyard, by Patrick J. Sobkowski - Yale Journal on Regulationwww.yalejreg.com Today, the Supreme Court decided Loper Bright Enterprises v. Raimondo which overruled Chevron v. NRDC. John Roberts, writing for a 6-3, ideologically divided court, held that Chevron Deference is not ...

yalejreg.com

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Pat Sobkowski

Yes, but I have been thinking about how right Thomas Keck was back in *2004*. press.uchicago.edu/ucp/books/bo...

The Most Activist Supreme Court in Historypress.uchicago.edu When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them ...

Keep an eye out for something from me elaborating on this argument.

Last year, nearly to the day, I argued that the MQD is a less radical substitute for the nondelegation doctrine on Yale JReg. www.yalejreg.com/nc/of-major-...

Of Major Questions and Nondelegation, by Patrick J. Sobkowski - Yale Journal on Regulationwww.yalejreg.com My goal in this essay is to explain why the Major Questions Doctrine (MQD) has become such a powerful tool to the Supreme Court’s conservative majority and why it seems to be replacing, along with the...

Last year, nearly to the day, I argued that the MQD is a less radical substitute for the nondelegation doctrine on Yale JReg. www.yalejreg.com/nc/of-major-...

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Pat Sobkowski

5th Circuit judges finding out Chevron's been overturned

Monday is the last day for SCOTUS opinions. Trump immunity, among others, coming.

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Pat Sobkowski

More like ChevrOFF deference amirite?

Overruling Chevron is nothing but a power grab.

The Supreme Court has overruled Chevron. 6-3 on ideological lines. Majority holds that deference to reasonable agency interpretations cannot be squared by the APA. www.supremecourt.gov/opinions/23p...