Jed Rubenfeld (@jed_rubenfeld) 's Twitter Profile
Jed Rubenfeld

@jed_rubenfeld

Professor @YaleLawSch, Constitutional Scholar, Lawyer, Husband to Amy, Father to Sophia and Lulu, Host — Straight Down the Middle

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linkhttp://youtube.com/@professorjedrubenfeld calendar_today18-07-2023 22:00:15

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Jed Rubenfeld (@jed_rubenfeld) 's Twitter Profile Photo

Most important lesson from the Supreme Court’s 𝘍𝘪𝘴𝘤𝘩𝘦𝘳 case: No matter what you think of Jan. 6, we cannot allow the criminal justice system to be used in brand new ways to go after political enemies.

Jed Rubenfeld (@jed_rubenfeld) 's Twitter Profile Photo

The Chevron case: Are the critics right that it's a power-grab for the judiciary? I don't think so. SCOTUS didn't seize power for the courts—it gave power to Congress.

Jed Rubenfeld (@jed_rubenfeld) 's Twitter Profile Photo

Good question, Justin. Yes, I think they are. Chevron was already so riddled with exceptions that courts were pretty much able to avoid it whenever they wanted. And the Supreme Court itself hadn't upheld an agency's interpretation of a statute under Chevron since about 2016.

Jed Rubenfeld (@jed_rubenfeld) 's Twitter Profile Photo

Interesting point, Andrew. Justice Barrett's concurrence emphasized a couple of important concessions made by the U.S. in its arguments before the Court, e.g. that federal law didn't require abortions for the treatment of mental health conditions and that religious conscience

Jed Rubenfeld (@jed_rubenfeld) 's Twitter Profile Photo

Justice Thomas's concurrence raised the issue of whether Smith's appointment might have been unlawful from the get-go. Trump's lawyers have moved to dismiss in Florida (the classified documents case) on just this ground, and you can be sure they'll emphasize Justice Thomas's

Jed Rubenfeld (@jed_rubenfeld) 's Twitter Profile Photo

Hard to know, Tgremms. Everyone likes to hammer on the usual divide between "liberal" vs. "conservative" justices. But it's worth remembering that one of the most important decisions from this Term, Trump v. Anderson--rejecting Colorado's attempt to disqualify Trump from the

The Free Press (@thefp) 's Twitter Profile Photo

On today’s Front Page from The Free Press: Olivia Reingold: Who is the Hillbilly Veep? @MCMoynihan: The FP goes live from RNC with 350,000 viewers. Eli Lake: Biden doesn’t lower the temp. @OllyWiseman: Morning No Joe. Jed Rubenfeld: Yale law prof explains classified docs

On today’s Front Page from The Free Press:

<a href="/Olivia_Reingold/">Olivia Reingold</a>: Who is the Hillbilly Veep? 
@MCMoynihan: The FP goes live from RNC with 350,000 viewers. 
<a href="/EliLake/">Eli Lake</a>: Biden doesn’t lower the temp.
@OllyWiseman: Morning No Joe.
<a href="/Jed_Rubenfeld/">Jed Rubenfeld</a>: Yale law prof explains classified docs
Jed Rubenfeld (@jed_rubenfeld) 's Twitter Profile Photo

In dismissing the Trump documents case, did Judge Cannon really rule that she did not have to follow United States v. Nixon—a Supreme Court decision from 1974? Yes she did.