A sensible, cautious, and careful opinion. It will probably drive Trump nuts.
A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
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Recent Bluessky Posts- Seems to me there ought to be a problem if large numbers of women whose married names didn't match their birth names will need to get a passport in order to vote, and that passport will come with a partisan portrait. www.thebulwark.com/p/exclusive-... April 29, 2026 Michael Froomkin
- Sad to learn that Barney Frank has entered hospice. Unfortunate he turned against the party's left, his natural allies, later in his career. April 29, 2026 Michael Froomkin
- If anything this post understates the case for the transparent idiocy of the new Comey indictment. I really wonder what the people who signed it think they are doing, and how they got that way. I sure hope I never see any former law student of mine in such a position. April 28, 2026 Michael Froomkin
- Not gonna lie: you couldn't pay me to watch it*, but I'm enjoying some of the commentary. *OK maybe, but it would cost a lot. April 28, 2026 Michael Froomkin
- Powell take note. April 28, 2026 Michael Froomkin
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stretching the third party standing doctrine to its outermost limits. i.e. equating the fact that schools have standing for students in some situations to schools having standing for aliens
10:1 the standing part of the decision holds up. States own universities, their universities have pled loss of specific students and employees, that is enough for direct standing. The third party stuff is needed for other parts of the order, but if the court correctly characterized the precedents it is not odd either.
I only thought that the third party standing analysis was odd, because I think there is a difference between students that are citizens being represented by a school when the students lack standing and aliens being represented by a school when the aliens lack standing…but not going to take a bet against you, even at 10:1…