Law professor. Montanan in NYC. https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=792805
James Sample
@jamessample.bsky.social
My recommendations of some of the best writing, investigations, and video - by others - from the latest [insane] week in democracy.
Understood. My point is simply that, relative to other election-related concerns, the non-seating scenario strikes me as less concerning precisely because I believe that the American people won’t allow the non-seating scenario to happen.
For the first Monday in October, @jamessample.bsky.social and I discuss Trump's absurd claim that his appointees have been disloyal. They and the Roberts Court overall have done very little to block the president's agenda. www.dorfonlaw.org/2026/10/the-...
A privilege to work with @espinsegall.bsky.social and @dorfonlaw.bsky.social on this.
"Security is a broad, vague generality, and a word that can mean anything can be made to justify anything." On the press ban, the security rationale "showed up three days later, on the morning the lawyers got involved." jamessample.substack.com/p/the-parch...
""The parchment is intact. It was never meant to be merely an exhibit." New at Who Decides Who Decides?: The Parchment vs. The Promises www.google.com/url?q=https...
@jamessample.bsky.social ⚖️with @ahylton26.bsky.social 'drops' one on Trump and his 'mob attorneys.'
@jamessample.bsky.social ⚖️with @ahylton26.bsky.social 💥breaks down the First Amendment as Trump attempts to drive the latest 5 minute news cycle. Sample goes 'in' on the classification of 'viewpoint discrimination'[opinion/perspective].
It's like Sample said, you don't need law school for this.
Only if the people, press, and courts don’t stand up to the authoritarianism. It’s up to all of us.
A quick written explainer along with my comments on MS Now more or less as the story was breaking. jamessample.substack.com/p/banned-for...
My quick turnaround analysis both on Substack and on MS Now - more or less as the story broke. Grateful if you’d share. jamessample.substack.com/p/banned-for...
Justice Alito’s mail-in-ballots dissent vs. Justice Alito’s [purported] judicial philosophies.
Legitimate question. The key here (acknowledging that it’s untested in a post-immunity ruling world) is that stock trading is manifestly private, non-Article II conduct and therefore a post-presidency prosecution *should* be available. Electing Presidents who adhere to norms would be option A.
The Missouri mess; a Virginia analogy; the unconstitutional, impracticable USPS ballot scheme; plus SCOTUS as Supreme enabler … all in [a very sped up] 1:24
$10 million of Medicaid settlement funds from a pharmaceutical services company was supposed to go to Floridians… alas.
