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Jon Weinberg

@jonweinberg

Law professor. Speaks Japanese a little. Terrible figure skater. Thinks immigration is good, actually. Was “Abolish ICE” before it was cool.

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14.08.2023
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Latest posts by Jon Weinberg @jonweinberg

Right. The point of my post — and I apologize if this was already screamingly obvious to you — was that Lizard was joking about something that actually existed, not about a scenario he made up

07.03.2026 20:44 👍 2 🔁 0 💬 1 📌 0

Lizard is joking about Sealand. james.grimmelmann.net/files/articl...

07.03.2026 20:24 👍 1 🔁 0 💬 1 📌 0

Possibly using as a source someone who got it from Brimelow (or got it from someone who got it from him). But Brimelow seems to be where it started

05.03.2026 23:43 👍 1 🔁 0 💬 0 📌 0

Also, she's not in fact Jewish. Grim is picking up on a story started by Peter Brimelow (!), who confused her with a different person with the same name.

05.03.2026 23:11 👍 1 🔁 0 💬 1 📌 0

Not to mention that the right of noncitizens not to be deported without due process (much less sent without due process to a torture prison from which nobody had ever been released) is way more clearly established than the unconstitutionality of those maps

03.03.2026 17:31 👍 1 🔁 0 💬 0 📌 0

We had state-level prohibition laws as early as the 1850s, and the Supreme Court upheld them in Mugler v. KS (1887). We had to amend the constitution to do it nationally.

02.03.2026 18:25 👍 15 🔁 0 💬 0 📌 0

I can make predictions. Doesn’t mean I’m confident in them

27.02.2026 15:33 👍 4 🔁 0 💬 0 📌 0

Prediction: Unanimous in result, but some number of Justices taking the position that they needn’t decide the constitutional issue because challengers win on statutory grounds. (I wrote one of the briefs making the statutory argument.)

27.02.2026 15:08 👍 10 🔁 0 💬 2 📌 0

What’s with the non-chronological list and leaving out four of the last five years? (I’m fine with the takeaway, but the quoted data presentation is awful)

26.02.2026 14:57 👍 1 🔁 0 💬 0 📌 0
Preview
Jewish identity and belief Religion is not central to the lives of most U.S. Jews. Even Jews by religion are much less likely than Christian adults to consider religion to be very

www.pewresearch.org/religion/202...

24.02.2026 22:28 👍 0 🔁 0 💬 0 📌 0

This last caveat is important: Techitat ha-meitim is "canonical" for the orthodox who make up 9% of U.S. Judaism. But a Pew Research survey broke out "Jews by religion" from "Jews of no religion," and even within the former group, only 1/3 believed in the God of the Bible. So what's canonical?

24.02.2026 22:25 👍 1 🔁 0 💬 2 📌 0

The problem here isn't that; it's the Court's 6-3 opinion in Garland v. Aleman Gonzalez (2022), stripping the courts of the power to order class-wide injunctive relief in immigration detention cases. Otherwise, class certification would have gotten us past the bar on nationwide injunctions

23.02.2026 22:18 👍 4 🔁 0 💬 0 📌 0

The problem with Slotkin isn’t that “purity voters would stay home” and we’d lose; it’s that after we win, we’d be stuck with a VP who voted for the anti-immigrant Laken Riley Act and couldn’t bring herself just now to sign a brief supporting birthright citizenship

23.02.2026 14:02 👍 1 🔁 0 💬 0 📌 0

@reichlinmelnick.bsky.social is amazing. Another person who does terrific work is @austinkocher.com

23.02.2026 00:36 👍 2 🔁 0 💬 1 📌 0
Preview
Login - Identity Digital Registrar Portal

The city doesn’t think that ICE’s building its own treatment plant will do the job. www.socialcirclega.gov/Home/Components/News/News/241/16

20.02.2026 21:39 👍 0 🔁 0 💬 0 📌 0

Here's the brief that Linus Chan, Doug Jensen and I just filed in the birthright citizenship litigation in the Supreme Court on behalf of 216 Members of Congress.
www.supremecourt.gov/DocketPDF/25...

19.02.2026 23:11 👍 2 🔁 0 💬 0 📌 0

100 years ago, the “Immigration Bureau” was part of the Labor Dept. In 1919-20, Assistant Sec'y of Labor Louis Post stood alone against anti-“Red" hysteria & blocked thousands of deportations. So J Edgar Hoover smeared him and tried to get him impeached. Post won. Victories are possible

16.02.2026 16:03 👍 1 🔁 0 💬 0 📌 0

I worked for the federal government (briefly) in the Olden Days, and people in EOP were treated as speaking for the President, bc if push came to shove the President would probably back them up, and it wasn’t in your interest to put that to the test

04.02.2026 16:55 👍 1 🔁 0 💬 0 📌 0

Even without any explicit remedies, people are often more reluctant to break explicit rules they’ve agreed to in an official-looking signed document than they are to disrespect norms

02.02.2026 15:02 👍 1 🔁 0 💬 0 📌 0
Preview
"Instead of thinking about what (or where) a border is, ask: what does a border do?" Listen to my wide-ranging interview with Eleanor Goldfield at Project Censored. I explain how we can use big ideas from political geography to make sense of the state of immigration enforcement.

@austinkocher.com asks the right questions at austinkocher.substack.com/p/instead-of...

27.01.2026 21:13 👍 2 🔁 1 💬 0 📌 0

8 USC 1373 limits states’ abilities to tell their employees not to cooperate with immigration enforcement

26.01.2026 15:55 👍 2 🔁 0 💬 1 📌 0

17” of snow? You knew the job was dangerous when you took it, I guess

26.01.2026 15:47 👍 1 🔁 0 💬 0 📌 0

OP throwing a little shade on UM there . . .

26.01.2026 15:01 👍 1 🔁 0 💬 1 📌 0
Redirecting...

An anthem for this moment of grief: Charles Yang (last year) singing A Change is Gonna Come. www.facebook.com/watch/?v=959...

25.01.2026 18:52 👍 0 🔁 1 💬 0 📌 0

But the catch will be the one we’ve already seen re granting asylum to white South Africans: No significant number of them will want to come.

19.01.2026 17:22 👍 1 🔁 0 💬 0 📌 0

There are ways for TX and FL to accommodate both "more skills training" and "fewer legal services for poor people," but they're unlikely to involve support for law school clinical education as it exists today. I expect rules favoring more externships, fewer clinics.

18.01.2026 21:57 👍 1 🔁 0 💬 0 📌 0

Badger Cath., Inc. v. Walsh (CA7 2010): ("A litigant who tries to evade a federal court's judgment—and a declaratory judgment is a real judgment, not just a bit of friendly advice—will come to regret it."). (2/2)

05.01.2026 21:22 👍 1 🔁 0 💬 0 📌 0

As to that, see Castillo v. Noem, No. CV-25-04867 (D. Ariz. (1/2/2006), responding to USG's argument that the order doesn't count because it provided declaratory rather than injunctive relief: "[A]s federal-government litigants, respondents' arguments . . . may be seriously flawed. See . . .
(1/x)

05.01.2026 21:22 👍 1 🔁 0 💬 1 📌 0

It can’t be overemphasized that part of the *reason* there are this many cases is because the Administration has directed immigration judges not to abide by the Maldonado Baptista nationwide class action order rejecting its position

05.01.2026 15:13 👍 1 🔁 0 💬 1 📌 0

Lawyers often tend to manage cognitive dissonance by coming to believe the positions they take as advocates. So there’s a conflict between the advocacy role and that of the prof as researcher; different people manage that conflict differently. (I’m a TT prof who does clinical and pro bono advocacy.)

04.01.2026 19:31 👍 4 🔁 0 💬 0 📌 0