Steve Vladeck argues that the Bush-McCain Torture Bill is worse than the Alien and Sedition Act — because it shields itself from judicial review.
Recent Bluessky Posts- I gather that Trump's name came off the Kennedy Center after the courts rejected the ridiculous 11th hour attempt (unhinged brief not signed by career lawyers) to block it, but the work was done behind a tarp to block the cameras. Missed opportunity to sell tickets; might have raised real money. June 13, 2026 Michael Froomkin
- There is: Reward your friends and those who pay you. Punish opponents and perceived enemies. June 13, 2026 Michael Froomkin
- Seen at MIA in the TSA departures queue, this invitation to 'self-deport' in exchange for a $1000 per person and a free flight. Although I recall reading they don't necessarily deliver. In any case a sour taste for the start of international travel. June 13, 2026 Michael Froomkin
- In a strange way you almost could admire the Trumpies' leave-no-stone-unturned approach to graft. There is really no bottom. No limit. And justice is at best slow. June 12, 2026 Michael Froomkin
- Jotwell Adlaw: Fred Jacob, Administrative Agencies & the People who Love Them, JOTWELL (June 12, 2026) (reviewing Anya Bernstein & Cristina Rodriguez, Working with Statutes, 103 Tex. L. Rev. 921 (2025)), adlaw.jotwell.com/__trashed-2/. June 12, 2026 Jotwell
This bill is our time’s Fugitive Slave Act. A gross immoral ‘compromise’ which will only bring terrible things to the nation.
Not true entirely. The Alien and Sedition Acts were passed in 1798. Marbury vs. Madison was decided in 1803. I don’t think prior to that decision that the legislature fully conceived the possibility that a law might be declared unconstitutional. Had they known, it’s not clear how the Alien and Sedition Acts would have been structured. It’s worse in the sense that knowing this is an insult to the Constitution, they put specific language in it to keep it from being reviewed.
Fotunately the US congress cannot pardon crimes in foreign jurisdictions.
Henry Kissenger has been told that he risks being tried as a war criminal if he ever leaves the US. The same will soon be true of the members of this administration.
The torture itself has been taking place in (currently unknown) foreign jurisdictions. While the Bush administration would not extradite its members they can hardly expect to rely on future administrations to have the same concerns for their skins.
Another risk that they cannot avoid is being required to testify in Congress. They will continue to tell the same half truths (i.e. lies) to the committees and perjure themselves. If they don’t perjure themselves they will incriminate themselves, see extradition.
These people are arrogant and sloppy. They have paid no attention to the law for six years. It is very unlikely that they will remember to pardon themselves for all their crimes.