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- The Florida process for resolving bar complaints is very slow unless dismissed immediately, so don't hold your breath for the results in this bar complaint against Lindsey Halligan. www.nytimes.com/2026/03/05/u... March 5, 2026 Michael Froomkin
- I would love to see this data disaggregated by US state. Not surprised though to see French people have a lower view of each other than the rest of Western Europe. Although whether that is due to suspicious natures or sus behavior is less obvious. March 5, 2026 Michael Froomkin
- Yes but it's warm March 5, 2026 Michael Froomkin
- Jotwell Native Peoples Law: Aila Hoss, Against Anticommandeering in Indian Law, JOTWELL (March 5, 2026) (reviewing Ann E. Tweedy, Anticommandeering & Indian Affairs Legislation, 62 Harv. J. Legis. 39 (2025)), lex.jotwell.com/against-anti.... March 5, 2026 Jotwell
- excellent deep dive into all of the ways that the Trump administration has used the federal budget to keep punishing critics and trying to bend them to his will. FWIW, this is precisely how Viktor Orban crushed the opposition in Hungary 15 years ago. The national budget is a powerful weapon. March 5, 2026 Kim Lane Scheppele
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Category Archives: Politics: US
The Holder Strategy
Usually Steve Benen is to my mind one of the most clear-sighted observers of the DC scene. Yet, in an item on Eric Holder's GOP Friends in which he correctly notes that Holder will get confirmed with votes to spare, Steve writes,
I'm struggling to wrap my head around the Republican gameplan on this. Their caucus has 41 members, and even if the GOP were to filibuster Holder's nomination, which seems unlikely, they'd lose.
Why then, he wonders, beat up on the guy?
From out here the answer seems obvious: it's a two-fer. First, the Justice Dept. is one of the bureaus that can really hurt the GOP if it starts to investigate what's been doing these past eight years. There's no harm, and much gain, to bloodying up the Attorney General as much as possible in order to attempt to diminish his credibility, and it sets up future accusations of partisanship and/or attempted payback if prosecutors get frisky.
Second, think of the TV: a well-spoken black lawyer in the dock being accused of unethical conduct. Plus, a chance to hyperventilate about links to Clinton sleaze. Might splash back on the President in some eyes? Can't hurt to try.
Posted in Politics: US
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Whither the FCC?
Harold Feld is the guy I read when I want to understand what's what in communications policy.
Here's his guide to what he calls “the terrain at the FCC”
What Next For The FCC? Beats the Heck Out of Me — So I'll Just Describe the Terrain … I can describe one thing with some certainty, the terrain at the FCC. Or, more accurately, I can describe the uncertainty around that terrain and how it will likely effect policy. In addition to the power to designate the Chairman, Obama may be looking at appointing no commissioners (very unlikely), one commissioner (reasonably likely), two commissioners (also likely), or three commissioners (unlikely). This uncertainty makes it very hard to predict what happens with the FCC next year. To add to the lack of clarity, the DTV transition occurring in February will pretty much suck up all the attention for the first two months — possibly more if it goes really badly. Add to this the significant turn over in both the House and the Senate Commerce Committees, with accompanying likely changes in staff, and you have a cloud of uncertainty powerful enough to obscure any crystal ball.
And then he does scenarios…
Posted in Politics: US
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Actual Change
Watch change happen.
Yesterday:
House: Waxman, Dingell look ahead to tomorrow's dramatic Democratic caucus vote:
Rep. Allen Boyd (D-Fla.) said on the pro-Dingell conference call that he did not think Democrats would uproot a seniority system that seldom trumps sitting chairmen. “If I was John Dingell, I'd be feeling very good right now,” Boyd said. “I can't imagine these rank-and-file caucus members replacing John Dingell as chairman.”
Today:
Waxman Defeats Dingell for Gavel – Roll Call
Rep. Henry Waxman (Calif.) has ousted Energy and Commerce Chairman John Dingell (Mich.), as Democratic lawmakers voted 137-122 Thursday morning to hand the gavel of the powerhouse panel to its second-ranking member.
Change is unimaginable to some…
Posted in Politics: US
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