Steven D. Schwinn

No relation, but avid cyclist. Jazz pianist in another life. Married up; adore my kids. Honored and lucky to teach constitutional law at U. Illinois Chicago Law

[Steven D. Schwinn @sschwinn]

Fifth Circuit lifts administrative stay, again halting enforcement of S.B. 4, at least for now. More here:
https://t.co/0jcoCpPQa5

[Steven D. Schwinn @sschwinn]

#SCOTUS today fell for a Fifth Circuit gambit and allowed Texas to enforce its own immigration policy:
https://t.co/Najyei2Ai8

[Steven D. Schwinn @sschwinn]

#SCOTUS'll hear oral arguments tomorrow on whether Biden Administration officials violated free speech by encouraging social media to moderate false and misleading content. Here's my argument preview:
https://t.co/WyZ5gnYbnv
@abapubliced @UICnews @uiclaw

[Alex Aronson @alexaronson]

Paul Clement arguing to overturn Chevron and dismantle the American administrative state, invoking Alito’s “egregiously wrong” standard from Dobbs. Basically constitutional law now is just whatever the Federalist Society decides is “right.”

[Steven D. Schwinn @sschwinn]

@steve_vladeck @UChicagoLaw Awesome! Congratulations! What a treat for all of us in Chicago!

[Steven D. Schwinn @sschwinn]

Check out @jbouie on Harlan's dissent in Plessy:
"As Harlan knew, a colorblind Constitution could do as much or more to preserve a hierarchical and unequal society as laws designed for that purpose."
https://t.co/odgojkyqRy

[Steven D. Schwinn @sschwinn]

Another excellent piece on MQD in @YaleJREG, this one by @KexelChabot:
"A new clear-statement requirement for spending laws would swing the wrecking ball in another direction and result in even more doctrinal upheaval."
https://t.co/DRNgJrYbgy

[Steven D. Schwinn @sschwinn]

@LeahLitman on Moore v. Harper:
"One of the TBD issues is whether the Court will adopt an anti-novelty version of the independent state legislature idea, which could thwart democracy, the development of the law, and the promise of state courts and state constitutions."

[Steven D. Schwinn @sschwinn]

🧵👇🏽

[Julian Davis Mortenson @jdmortenson]

Been thinking about what the gun cases tell us about the abortion and LGBTQ speech cases. It's not great.

Both Dobbs and 303 Creative create serious analytical problems for other areas of civil rights law. Some supporters recognize those problems and agree they'd be bad. 1/

[Steven D. Schwinn @sschwinn]

Check out @CarolineMCorbin on 303 Creative 👇🏼

[Steven D. Schwinn @sschwinn]

🧵👇🏼

[Jed Shugerman @jedshug]

The Major Question Doctrine is Purposivism, not Just Anti-Deference: a thread.
Barrett's Student Debt concurrence tried to defend the MQD as textualism, but fumbled into the opposite.
Color-coding & annotating her opinion, p. 5-16:
Red = textualism
Blue = unwitting purposivism

[Steven D. Schwinn @sschwinn]

@PJSobkowski @beau_baumann Yes! Excellent, @beau_baumann!
Barrett’s move here seems big because it she is offering them a story about the MQD that’s designed to sit more comfortably with textualism. . . . That’s not to say that this context-based rebrand does much better.
https://t.co/4WUSgbc1yu

[Steven D. Schwinn @sschwinn]

Check out @PJSobkowski's trenchant analysis of MQD:
Instead, the MQD allows Roberts and the conservatives to curb administrative power without busting out the big guns of constitutional invalidation.

[Pat Sobkowski @PJSobkowski]

I’ve got an essay up on @YaleJREG this morning.

Of Major Questions and Nondelegation, by Patrick J. Sobkowski

Short thread w/ thoughts: 1/6

https://t.co/6zYsXf5V8o

[Steven D. Schwinn @sschwinn]

#SCOTUS is primed to take yet another huge swipe at administrative agencies next Term.

[Constitutional Accountability Center (CAC) @MyConstitution]

"Next term is going to be a huge one at #SCOTUS for cases involving the administrative state." - @BrianneGorod https://t.co/HNBbGNC1nM 1/2

[Constitutional Accountability Center (CAC) @MyConstitution]

More from @BrianneGorod: "These cases all represent challenges that are part of a long-running, multifaceted conservative attack on the administrative state, & nothing less than the ability of the federal gov't to function effectively is at stake." https://t.co/HNBbGNC1nM 2/2

[Steven D. Schwinn @sschwinn]

@PJSobkowski Very nicely done! Best I've seen on MQD in Biden v. NE!

[Steven D. Schwinn @sschwinn]

🧵👇🏽

[Steven D. Schwinn @sschwinn]

The incomparable @jbouie on the Declaration:
"The story of the changing meaning of the Declaration should be a reminder, however, that we had more than one founding — and far more than just one set of founders."
https://t.co/GjKMSyzOXO

[Janai Nelson @JNelsonLDF]

The greatest form of patriotism is the willingness to use your talents to perfect a country that was founded on your oppression. #July4th

Frederick Douglass: “The Meaning of July Fourth for the Negro”
https://t.co/JaNuGz6QdG