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Daniel Sharfstein

@danielsharfstein

Vanderbilt law prof, American legal history, property, federal Indian law, author of THUNDER IN THE MOUNTAINS and THE INVISIBLE LINE

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25.08.2023
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Latest posts by Daniel Sharfstein @danielsharfstein

The fundamental mistake that the conservative legal movement made in looking at the Warren Court was assuming that it was all power and zero parts persuasion, so all they had to do was capture the institution. They were, I think, half right, but that other half is very important.

11.03.2026 12:18 πŸ‘ 983 πŸ” 170 πŸ’¬ 30 πŸ“Œ 10

SCOOP: Federal judiciary approves new Supreme Court defender office to help represent indigent defendants at #SCOTUS.

Its full-time director will serve as a counterweight to the U.S. solicitor general in federal criminal cases. The first will be former Kagan clerk and SG atty Ashley Robertson.

10.03.2026 16:58 πŸ‘ 1228 πŸ” 266 πŸ’¬ 5 πŸ“Œ 50
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Whistleblower claims ex-DOGE member says he took Social Security data to new job The Social Security inspector general’s office is investigating allegations that the former DOGE engineer took sensitive data on a thumb drive in a major potential security breach, said people familia...

Whistleblower complaint says the DOGE engineer "told another colleague, who refused to help him upload the data because of legal concerns, that he expected to receive a presidential pardon if his actions were deemed to be illegal."
www.washingtonpost.com/politics/202...

10.03.2026 19:03 πŸ‘ 142 πŸ” 81 πŸ’¬ 5 πŸ“Œ 5
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It’s nearly impossible to lose Grenell, but Ogles pulled it off.

09.03.2026 23:45 πŸ‘ 5096 πŸ” 981 πŸ’¬ 213 πŸ“Œ 49
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Please read @billmckibben.bsky.social on the toxic oil clouds the Iran war is now generating:

billmckibben.substack.com/p/a-dark-and...

09.03.2026 18:53 πŸ‘ 59 πŸ” 22 πŸ’¬ 6 πŸ“Œ 3

These poor kids. This family did nothing wrong except believe in the United States.

08.03.2026 20:54 πŸ‘ 999 πŸ” 307 πŸ’¬ 17 πŸ“Œ 3

Major news: A @nytimes.com story today reports on developments in our lawsuit, filed with @modernlanguage.bsky.social and @acls1919.bsky.social, opposing the illegal dismantling of the NEH.

The article covers newly released discovery in the case.

Here’s what discovery confirmed:

🧡(1/7)

07.03.2026 20:20 πŸ‘ 91 πŸ” 55 πŸ’¬ 3 πŸ“Œ 6

Every day Pete Hegseth confesses to war crimes in front of the whole world.

05.03.2026 23:24 πŸ‘ 216 πŸ” 34 πŸ’¬ 10 πŸ“Œ 3
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Analysis Suggests School Was Hit Amid U.S. Strikes on Iranian Naval Base

Even if it is a "mistake," it can still be a war crime. A person who acts recklessly in causing disproportionate civilian deaths can be found to have acted β€œwilfully” and thus responsible for a war crime.

Read "'Mistakes' in War": papers.ssrn.com/sol3/papers....

www.nytimes.com/2026/03/05/w...

07.03.2026 14:22 πŸ‘ 89 πŸ” 37 πŸ’¬ 2 πŸ“Œ 6
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How Elon Musk’s Sci-Fi Hyperloop Failed Before his misadventures in government efficiency, Musk promised to revolutionize commuting with a subway that would speed passengers between DC and Baltimore in a matter of minutes. The project was a...

A year long investigation into the Hyperloop found …

β€œThe truth was far simpler, far dumber, and far more prescient: Musk and his lieutenants truly had no idea what they were doing.”

washingtonian.com/2026/02/12/h...

07.03.2026 16:24 πŸ‘ 1468 πŸ” 549 πŸ’¬ 74 πŸ“Œ 123

We built the United Nations, with all its flaws, with the hope of never having World War II again and we're going to have to build a new set of multilateral institutions with the hope of never having Donald J. Trump again

07.03.2026 19:21 πŸ‘ 529 πŸ” 98 πŸ’¬ 10 πŸ“Œ 6

As a former federal district court law clerk, I have to say it is quite a reversal from the norm when a pro se attorney is calling out briefing missteps made by the U.S. Attorney's Office.

07.03.2026 03:12 πŸ‘ 55 πŸ” 11 πŸ’¬ 2 πŸ“Œ 0

No career lawyers on the brief, typically a sign that the arguments therein are indefensible

06.03.2026 23:59 πŸ‘ 144 πŸ” 29 πŸ’¬ 4 πŸ“Œ 1

An original Nashville sit-in member, along with Diane Nash, James Bevel, and John Lewis. Trained in non-violence by James Lawson. At age 21, he signed a will before the Freedom Rides, knowing he could die.

May his soul be at peace, and may we all have such courage in the face of oppression.

05.03.2026 23:25 πŸ‘ 1951 πŸ” 549 πŸ’¬ 10 πŸ“Œ 5
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Happy birthday, Ghana. The country's independence in 1957 marked marked a new era in the history of the continent and the world - a Second Emancipation, one might say.

06.03.2026 13:53 πŸ‘ 50 πŸ” 13 πŸ’¬ 2 πŸ“Œ 2
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ICE detains reporter Estefany RodrΓ­guez in Nashville - Nashville Banner Reporter Estefany RodrΓ­guez, detained by ICE with no arrest warrant, may face deportation. Her attorneys seek immediate review of the legality of her case.

ICE has arrested and detained a Nashville journalist who reported stories critical of ICE. She’s married to a U.S. citizen and has been seeking asylum here after fleeing death threats in Colombia because of her journalism there.

They’ve already sent her to Louisiana.

05.03.2026 23:41 πŸ‘ 12435 πŸ” 7486 πŸ’¬ 296 πŸ“Œ 340
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The Reductive Rhetoric of the Iran War Americans across the political spectrum need to stop talking about Tehran in cliches.

Some thoughts on the war in Iran, by me. foreignpolicy.com/2026/03/05/i...

05.03.2026 20:40 πŸ‘ 10 πŸ” 3 πŸ’¬ 0 πŸ“Œ 0
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@raskin.house.gov (D-MD) derides the argument that it’s too late to debate whether to go to war: β€œWhat a humiliating, self-defeating argument!”

05.03.2026 03:06 πŸ‘ 66 πŸ” 24 πŸ’¬ 0 πŸ“Œ 3
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CIA working to arm Kurdish forces to spark uprising in Iran, sources say | CNN Politics The CIA is working to arm Kurdish forces with the aim of fomenting a popular uprising in Iran and the Trump administration has been in active discussions with Iranian opposition groups and Kurdish lea...

The next Forever War is here.

"The CIA is working to arm Kurdish forces with the aim of fomenting a popular uprising in Iran, multiple people familiar with the plan told CNN."

03.03.2026 22:03 πŸ‘ 1071 πŸ” 410 πŸ’¬ 188 πŸ“Œ 136

I've been in the law business for quite a while and I've never heard of something like this. I'm guessing someone didn't tell POTUS about dropping the appeal and when he found out he blew a gasket about looking weak. Gift link to NYT piece:
www.nytimes.com/2026/03/03/u...

03.03.2026 16:32 πŸ‘ 218 πŸ” 91 πŸ’¬ 20 πŸ“Œ 2

Read our #SCOTUS brief on behalf of an ideologically diverse group of scholars, including @ilyasomin.bsky.social and @amandafrost.bsky.social: www.theusconstitution.org/litigation/t...

03.03.2026 14:33 πŸ‘ 3 πŸ” 4 πŸ’¬ 0 πŸ“Œ 0
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Slavery and Birthright Citizenship All the Trump Administration's arguments for denying birthright ctizenshing to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendme...

Every argument for Trump claim that children of illegal migrants can be denied birthright citizenship would also have denied it to numerous freed slaves and their children, thus going against main purpose of 14th Amendment Citizenship Clause. See my post for reasons why: reason.com/volokh/2026/...

03.03.2026 02:54 πŸ‘ 236 πŸ” 71 πŸ’¬ 6 πŸ“Œ 1
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Law School Tells Students, 'You MUST Be Aligned Politically With President Trump,' For Summer Job - Above the Law 'GPA is not a strong factor.' No kidding.

The meritocracy!

abovethelaw.com/2026/03/law-...

03.03.2026 13:41 πŸ‘ 986 πŸ” 318 πŸ’¬ 64 πŸ“Œ 62

This thread on Alito's outrageously misrepresentation of the facts in the NY voting rights case is so damning. Alito's account was misleading to the point of falsity. And there's nothing anybody can do about it. He gets to toss around bogus claims without any consequence.

03.03.2026 14:54 πŸ‘ 1370 πŸ” 538 πŸ’¬ 46 πŸ“Œ 15
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Exclusive | Trump Administration to Drop Defense of Law Firm Sanctions The Justice Dept. plans to abandon its defense of the president’s executive orders that targeted Jenner & Block, WilmerHale, Perkins Coie, and Susman Godfrey.

Those big law firms never needed to cave but they caved. www.wsj.com/us-news/law/...

02.03.2026 22:54 πŸ‘ 1329 πŸ” 270 πŸ’¬ 61 πŸ“Œ 9

Very proud of my old colleagues at WilmerHaleβ€”and the other firms that didn't cave, and the firms that stepped up to represent them, and the lawyers at caving firms who subsequently quit.

02.03.2026 19:45 πŸ‘ 155 πŸ” 31 πŸ’¬ 3 πŸ“Œ 1
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Sign the Petition Keep the Classical Languages Major at the University of Iowa

Hi friends. As I previously noted, the U. of Iowa is planning to get rid of African American studies; Gender, Women & Sexuality Studies, & the Classical Languages majorβ€”along with others. If you wish, please sign the classics petition: www.change.org/p/keep-the-c.... I will add more as I find out.

01.03.2026 14:19 πŸ‘ 335 πŸ” 217 πŸ’¬ 9 πŸ“Œ 7
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The Gloss of War: Revisiting the Korean War’s Legacy - Michigan Law Review In war powers analysis, reliance on the interpretive method of historical practice, also called the β€œgloss of history,” has made history a technology of the forever war. This approach draws upon the h...

Rick Scott on @cnn.com: Every president since Truman has gone to war without a war declaration.
It's not a good sign that my work is relevant:
The Gloss of War: Revisiting the Korean War’s Legacy - Michigan Law Review share.google/bd3NyagMfAdL...

28.02.2026 23:59 πŸ‘ 53 πŸ” 14 πŸ’¬ 1 πŸ“Œ 0
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28.02.2026 14:27 πŸ‘ 1294 πŸ” 236 πŸ’¬ 22 πŸ“Œ 5
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Opinion | The Great Unraveling Has Begun

Today's attack on Iran is an attack on the postwar legal order. Yet again, Trump has taken an action that threatens to end an era of historic peace and return us to a world in which might makes right. The cost will be paid in human lives.

www.nytimes.com/2026/01/06/o...

28.02.2026 14:46 πŸ‘ 418 πŸ” 119 πŸ’¬ 11 πŸ“Œ 9