Professor @Harvard_Law. Historian of democracy—local, industrial, constitutional.

Cambridge, MA
Joined February 2009
In-person and Virtual: Celebration of Life for Lani Guinier mvtimes.com/things-to-do-4-2…
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✊🏾✊🏼✊🏿BREAKING: Today we are unionizing the United States Congress.
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Niko Bowie retweeted
Elections and Congress are the motors of our democracy. When one or both are broken, citizens lose faith that their vote matters, that Congress is listening, and they become less likely to engage in our democracy and look to alternatives.
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Niko Bowie retweeted
This EO contains important, incremental steps (many of which my co-authors and I have advocated for), but it’s disappointing that this fairly tepid EO took two weeks to come out. The Biden Admin has shown no sense of urgency about this crisis.
This Court has made it clear it will not protect the rights of women. I will. That’s why today I'm signing an Executive Order to protect access to reproductive health care.
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Niko Bowie retweeted
Check out my analysis of the Supreme Court’s West Virginia v. EPA decision last week gutting the EPA’s regulatory authority, with a focus on the consequences that the decision could have for broader executive agency policymaking—and labor policy in particular.
The Supreme Court's "major questions doctrine" is a powerful deregulatory tool. It's already been used to limited federal agencies' ability to fight climate change. Here's why it spells bad news for labor too: onlabor.org/41535-2/
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All workers deserve a union, and that includes lawyers. We can't wait for "Unionizing Legal Workplaces" at #PPP22, where we'll be covering topics including why your legal workplace should unionize, the nitty gritty of how to make it happen, and what to expect after you win.
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Niko Bowie retweeted
A+ @MondaireJones on @mehdirhasan talking about including jurisdiction stripping in bills that SCOTUS would strike down. He proposed it for voting rights in the past & will do so for abortion protection next. EVERY Democratic in office should be on board.
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I’m looking forward to this
It has been 80 years since Cambridge's charter was formally reviewed. I am excited to share that a review process is officially underway with the announcement of the Charter Review Committee members. cambridgema.gov/Departments/…
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Read our new piece on #CastroHuerta’s context. Tribes resisted similar state power grabs in the 1830s & won a #SCOTUS case declaring state law had no force on tribal land. States defied the ruling and the Trail of Tears was the result. This is about power. washingtonpost.com/opinions/…
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Seems like now would be a good time for Congress to flex its Article I, Section IV powers & require all states to elect their congressional delegations through proportional representation, thus rendering gerrymandering irrelevant. nytimes.com/2022/06/30/us/po…
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Niko Bowie retweeted
i'm proud we get to publish this article, by @yeargain: it's on what all 50 state constitutions, and the territorial constitutions, say about abortion. These texts, and the judges interpreting them, are so critical. Here's your state-by-state guide: boltsmag.org/state-constitut…
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Niko Bowie retweeted
THREAD: This is the third in a series of long threads about the institutional symbiosis between “elite” law schools and elite legal institutions, particularly the judiciary. It's a series I felt compelled to draft in light of recent events and SCOTUS decisions. 🧵1/25
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Niko Bowie retweeted
Let's be clear: the Court can talk all it like about the alleged democratic deficiency of administrative agencies (although: pot, kettle), but this is fundamentally a Congress-disempowering doctrine. It makes it nearly impossible for Congress to pass laws accomplishing its goals.
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Over the past year, the Court has shot down the EPA’s power to regulate climate change, OSHA’s power to set vaccine mandates, and HHS’s power to set eviction moratoria—all on the theory Congress has to predict precisely what future emergencies the Court will consider “major.”
Here is the Court citing it’s recent, terribly reasoned shadow docket opinions on Covid-19 regulations to limit EPA’s authority on climate change.
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Anything the Biden administration does to respond to last week’s Dobbs decision will likely meet the same fate. If Congress doesn’t do something about it, it’s hard to think of a doctrine that gives the Court more discretion to strike down any agency action it doesn’t like.
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Kavanaugh has a habit of adding wild and baseless claims to his opinions as if deadpan fact. Before today my go-to example was 2020, when he said something like ‘We all know the Constitution allows the US to do whatever the hell it wants to noncitizens abroad. See the Preamble.’
SCOTUS achieved today what white supremacists tried with termination: “Indian country is part of the State, not separate from the State… as a matter of state sovereignty, a State has jurisdiction over all of its territory, including Indian country.” supremecourt.gov/opinions/21…
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That was from US AID v. Alliance for Open Society. Just a completely made up “bedrock” claim with huge consequences followed by a string cite to unsupportive material.
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In today’s case, everything between the “to begin with” and “to be sure” is a HUGE claim that effectively abandons landmark precedent that treated Native nations as protected by treaties and beyond state power. But the claim is so cavalier.
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