Jamie Fox

@whatlawfoxsays.bsky.social

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Law professor. A skeptic, not a cynic. https://www.stetson.edu/law/faculty/home/james-fox.php

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Parties matter because they don't just express what their members believe, parties *shape* the people who identify with them. No one is born with a desire to emit bloodthirsty cheers in support of building a police state capable of deporting 50% of the nation's agricultural workforce. That's learned

Just gotta say @jbouie.bsky.social is one of the best - and def the most historically informed and smart - op-ed writers I have ever read. And I am old. And his social media posts are a delight. He makes the public sphere so much better wherever he engages with it.

Great Seth Coltar thread - Happy 4th!

In good, Declaration of Independence form, the Heritage Foundation has not only declared their support for a 2nd American Revolution in the form of Trump 2.0, they are also assembling a long list of grievances, er, enemies to explain why that revolution is justified. newrepublic.com/post/183015/...

Team Trump Is Creating Blacklist of Enemies in Federal Governmentnewrepublic.com Worried about Republicans’ Project 2025? Meet Project Sovereignty 2025.

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Jamie Fox

Some Robert Cover to consider in light of some recent decisions

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Jamie Fox

There are two elements to the immunity decision that are particularly extreme in a way that many will miss: (1) motive is irrelevant and (2) immune acts are not just excluded from prosecution, they’re excluded from evidence. /1

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Jamie Fox

Reading Loper Bright is maddening but Kagan (sadly, in dissent) is so good.

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Jamie Fox

"agencies have no special competence in resolving statutory ambiguities. Courts do." ❌ "The Framers anticipated that courts would often confront statutory ambiguities and expected that courts would resolve them by exercising independent legal judgment." ❌ This is a fictional rendering of history.

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Jamie Fox

Compare what section 1512(c) actually says with how Roberts describes it at the beginning of Fischer.

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Jamie Fox

I mean, after Trump reinstates Schedule F, the executive agencies really *won't* have any special expertise to draw on, so the Roberts court is just planning ahead.

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Jamie Fox

Importing this @volts.wtf thread from the bad place. It opens with a link to a piece that used official data to establish that yes, crime rates are indeed very much down recently. But here’s the thing, Project 2025’s Trump 2.0 promises to destroy that world in which we can “know” things like this.

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Jamie Fox

Bars in Texas and Florida - states that had declared victory over the virus and reopened their businesses - are abruptly ordered closed down amid huge spikes in infections. The virus, which initially hit worst in the Northeast, is now surging across the South and West. There is still no vaccine.

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Jamie Fox

The founding fathers: checks and balances The Supreme Court: checks

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Jamie Fox

DeSantis has arbitrarily removed/replaced more elected Democrats from office than any modern Florida governor as a means of usurping the rights of voters in blue districts. Then they attempt to disguise themselves as Democrats to retain office in low-turnout local elections.

Some context: DeSantis had removed the sheriff from office in this county, replacing him with the current sheriff. Initially a Republican, new sheriff switched parties to run as a Dem in this blue area. (And DeSantis called him one of his favorite Dems.) boltsmag.org/broward-sher...

Florida Sheriff Backtracks on Reform to Stop Arrests for Minor Traffic Offensesboltsmag.org Gregory Tony, a DeSantis appointee, restricted Broward County deputies’ ability to cite people instead of jailing them. His Democratic primary in August may decide the policy’s future.

🙄

President Biden's age "may be nothing but a number," our critic Jason Farago writes. "But the perception of his age has become desperately entangled with cultural connotations of elderliness, formed over centuries, handed down to us through religion and literature and art."

Age and the Image of Capacitywww.nytimes.com President Biden’s toughest opponent may not be his predecessor. It is the cultural meaning, built up through centuries, that we assign to being old.

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Jamie Fox

In 1895, the Supreme Court made a terrible mistake and invalidated the income tax. Americans overturned this with the 16th Amendment. But one SCOTUS justice is laying the groundwork to repeat the same mistake again! @mjsdc.bsky.social has the story in a great Slate piece— slate.com/news-and-pol...

This Clarence Thomas Dissent Reveals His Favorite Tactic for Constitutional Mayhemslate.com Justice Clarence Thomas is a master at the art of bogus history.

It’s time we accept the fact that we have a 2-2-1-1-1-1-1 Court

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Jamie Fox

Now would be a good time to ask Trump about how he understands the role historically high rates of immigration played in fostering the economic growth of the McKinley era….hahahaha, who TF am I kidding?

Whoa

Skull with Burning Cigarette, 1885 https://botfrens.com/collections/46/contents/13795

Highly recommend this Fintan O’Toole piece on Shakespeare’s tragedies. www.nybooks.com/articles/202...

No Comfort | Fintan O’Toolewww.nybooks.com As we encounter Shakespeare’s tragedies it becomes terrifyingly clear that we are not in a moral universe of comeuppances and rewarded virtues.

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Jamie Fox

"The new anti-university rhetoric . . . is the language of an international pro-authoritarian movement opposed to centers of learning that model liberal-democratic values." 1/3 www.insidehighered.com/opinion/view...

Tracing the roots of anti-university rhetoric (opinion)www.insidehighered.com Bradford Vivian writes that growing anti-university sentiment can be traced to pro-authoritarian movements abroad.

Thoughtcrime.

Stetson has a podcast with our faculty. I had the pleasure of doing one recently talking about constitutional history and other topics. My audio pick-up was not the best but I think most of it comes through okay. Thx to Daniel O'Keefe for great hosting! sites.libsyn.com/403544/25-hi...

Real Cases: A Legal Podcast: #25: History, the Law, and Constitutional Consciousnesssites.libsyn.com How did free African Americans before the Civil War regard the Constitution, freedom, and citizenship in a republic that excluded them from political participation? In the latest episode of Real Cases...

Link to ND Fla ruling overturning parts of Florida's ban on gender-affirming care. storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

100%

I think dem TV ads this fall should show some relatively lengthy clips of the worst of Jan 6. I suspect a lot of Trump voters have never watched the footage or seen the bad clips.

If you fly one of these upside down, is that saying the same thing as flying the US flag right side up?

National Review has introduced Alito flags. They’re very real. Each costs $197. www.nationalreview.com/2024/06/intr...

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Jamie Fox

I would never, never be able to find this much grace in myself.

June 14th is going to be lit this year.