The word "originalism" does not appear in the Constitution. #ArbitraryAndCapricious
June 1, 2025 at 9:50 PM
The word "originalism" does not appear in the Constitution. #ArbitraryAndCapricious
"Originalism" does not appear in the Constitution.
#ArbitraryAndCapricious
#ArbitraryAndCapricious
#TheOtherOriginalism
The Preamble doesnt say what the law should be; it says what the law should do.
…in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselve…
The Preamble doesnt say what the law should be; it says what the law should do.
…in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselve…
July 27, 2024 at 6:31 PM
"Originalism" does not appear in the Constitution.
#ArbitraryAndCapricious
#ArbitraryAndCapricious
"Originalism" does not appear in the Constitution. #ArbitraryAndCapricious
He's right. "Originalism" is about stringing together a collection of words to support a predetermined outcome. There's no need for fidelity to facts, reliable description of source material, nor even logical consistency. It's one of the few tasks large language models could do.
New: Trump-appointed Judge John Bush of the 6th Circuit today in a speech to a Federalist Society chapter laid out a vision for how future AI technology could make it even easier for originalist judges to support rulings based on "history and tradition."
April 1, 2024 at 7:56 PM
"Originalism" does not appear in the Constitution. #ArbitraryAndCapricious
@legaleagle.tv | LegalEagle: "Don't Say ELON MUSK KILLED CHILDREN" | @khanna.house.gov | #USAID #RoKhanna #AIDs #Tuberculosis #Ebola #ArbitraryAndCapricious #AntiSlapLaws
www.youtube.com/watch?v=J6Zg...
www.youtube.com/watch?v=J6Zg...
Don’t Say ELON MUSK KILLED CHILDREN
YouTube video by LegalEagle
www.youtube.com
July 11, 2026 at 1:40 AM
@legaleagle.tv | LegalEagle: "Don't Say ELON MUSK KILLED CHILDREN" | @khanna.house.gov | #USAID #RoKhanna #AIDs #Tuberculosis #Ebola #ArbitraryAndCapricious #AntiSlapLaws
www.youtube.com/watch?v=J6Zg...
www.youtube.com/watch?v=J6Zg...
This is an excerpt from Judge Rufe’s ruling on the President’s House in Philadelphia.
#ArbitraryAndCapricious
#ArbitraryAndCapricious
February 20, 2026 at 10:12 PM
This is an excerpt from Judge Rufe’s ruling on the President’s House in Philadelphia.
#ArbitraryAndCapricious
#ArbitraryAndCapricious
. . . (3) the appropriate standard for judicial review of agency action under #NEPA, amount of deference due, and the prominence of the Administrative Procedure Act's #arbitraryandcapricious and harmless error standards, and . . .
December 10, 2024 at 7:02 PM
. . . (3) the appropriate standard for judicial review of agency action under #NEPA, amount of deference due, and the prominence of the Administrative Procedure Act's #arbitraryandcapricious and harmless error standards, and . . .
Respondents argue that STB's consideration of upstream development was #arbitraryandcapricious because of limiting principle (proximity to rail line) that was not tied to "reasonable foreseeability" standard.
December 10, 2024 at 4:45 PM
Respondents argue that STB's consideration of upstream development was #arbitraryandcapricious because of limiting principle (proximity to rail line) that was not tied to "reasonable foreseeability" standard.
Federal respondents say agency decisions about scope should be "filtered through" #arbitraryandcapricious standard (rather than court-articulated #NEPA specific standard?)
December 10, 2024 at 4:24 PM
Federal respondents say agency decisions about scope should be "filtered through" #arbitraryandcapricious standard (rather than court-articulated #NEPA specific standard?)
Kavanaugh again focuses on #arbitraryandcapricious standard--have courts taken an overly aggressive role in #NEPA review where they should have been more deferential, creating an incentive for agencies to do lengthy EIS? Federal respondents agree and say courts should also focus on agency action.
December 10, 2024 at 4:18 PM
Kavanaugh again focuses on #arbitraryandcapricious standard--have courts taken an overly aggressive role in #NEPA review where they should have been more deferential, creating an incentive for agencies to do lengthy EIS? Federal respondents agree and say courts should also focus on agency action.
Kavanaugh focuses on #arbitraryandcapricious review of a purely procedural statute. Petitioner says it calls for an "even lighter touch" and more deference from judges reviewing agency action.
December 10, 2024 at 3:39 PM
Kavanaugh focuses on #arbitraryandcapricious review of a purely procedural statute. Petitioner says it calls for an "even lighter touch" and more deference from judges reviewing agency action.
Questioning touches on role of Administrative Procedure Act and deference to agencies. What does #NEPA actually require, when should an agency get deference, when is agency action #arbitraryandcapricious, and when is a deficient #NEPA analysis harmless error?
December 10, 2024 at 3:27 PM
Questioning touches on role of Administrative Procedure Act and deference to agencies. What does #NEPA actually require, when should an agency get deference, when is agency action #arbitraryandcapricious, and when is a deficient #NEPA analysis harmless error?
#mifepristone #fda #2023rems #rems #arbitraryandcapricious #adminlaw #apa #vawd #wwha #abortion #abortionpill you know that whole thing
Decision 7/23/26:
Count I (statutory authority): SJ for Defs FDA. Plaintiffs’ motion DENIED; Defs’ cross-motion GRANTED.
Count II (arbitrary and capricious): SJ for Plaintiffs. Plaintiffs’ motion GRANTED; Defs’ cross-motion DENIED.
Counts III + IV (cons claims): Defs cross-motion denied.
Count I (statutory authority): SJ for Defs FDA. Plaintiffs’ motion DENIED; Defs’ cross-motion GRANTED.
Count II (arbitrary and capricious): SJ for Plaintiffs. Plaintiffs’ motion GRANTED; Defs’ cross-motion DENIED.
Counts III + IV (cons claims): Defs cross-motion denied.
the 2nd thing I’ve been tracking, but haven’t seen any recent news, is the #mifepristone case in the Western District of Virginia; Whole Women’s Health Alliance v. FDA. It looks like oral argument is still scheduled for tmrw, May 19 at 1pm, on the parties’ cross motions for summary judgment.
🤞🤞
🤞🤞
July 24, 2026 at 6:18 AM
#mifepristone #fda #2023rems #rems #arbitraryandcapricious #adminlaw #apa #vawd #wwha #abortion #abortionpill you know that whole thing
(in case my sarcasm is unclear, I care deeply. This is preposterous. It is also #arbitraryandcapricious so I’m expecting a court will overturn it)
November 12, 2024 at 2:09 AM
(in case my sarcasm is unclear, I care deeply. This is preposterous. It is also #arbitraryandcapricious so I’m expecting a court will overturn it)
Another Court Strikes Down Trump’s Census Citizenship Question—& this time, for also violating the enumeration clause. 👏👊❤️ #arbitraryandcapricious https://talkingpointsmemo.com/muckraker/california-census-citizenship-decision
Another Court Strikes Down Trump’s Census Citizenship Que...
A federal judge in California ruled Wednesday against the...
talkingpointsmemo.com
November 12, 2024 at 1:58 AM
Another Court Strikes Down Trump’s Census Citizenship Question—& this time, for also violating the enumeration clause. 👏👊❤️ #arbitraryandcapricious https://talkingpointsmemo.com/muckraker/california-census-citizenship-decision
Attorneys.Media - Legal Expert Interviews & Trusted Advice https://attorneys.media
#abuseofdiscretion #administrativedecisions #administrativelaw #arbitraryandcapricious #decisionmakingprocess #fairnessinlaw #JudicialReview #legalproceedings #legalstandard #rationalbasis
#abuseofdiscretion #administrativedecisions #administrativelaw #arbitraryandcapricious #decisionmakingprocess #fairnessinlaw #JudicialReview #legalproceedings #legalstandard #rationalbasis
November 23, 2025 at 7:02 PM
Attorneys.Media - Legal Expert Interviews & Trusted Advice https://attorneys.media
#abuseofdiscretion #administrativedecisions #administrativelaw #arbitraryandcapricious #decisionmakingprocess #fairnessinlaw #JudicialReview #legalproceedings #legalstandard #rationalbasis
#abuseofdiscretion #administrativedecisions #administrativelaw #arbitraryandcapricious #decisionmakingprocess #fairnessinlaw #JudicialReview #legalproceedings #legalstandard #rationalbasis
February 13, 2025 at 3:52 PM
Hey @chuckschumer.com protect & defend this law. #arbitraryandcapricious www.nbcnews.com/politics/don...
This obscure law is one reason Trump's agenda keeps losing in court
Lawsuits challenging Trump policies raise big constitutional questions, but they also rely on a law that requires the government to follow the correct procedures when changing course.
www.nbcnews.com
February 12, 2025 at 8:14 PM
Hey @chuckschumer.com protect & defend this law. #arbitraryandcapricious www.nbcnews.com/politics/don...
Why aren't #democrats fighting #felon #trump? His noms are Corrupt & Unqualified. #arbitraryandcapricious @chuckschumer.com
February 12, 2025 at 8:02 PM
Why aren't #democrats fighting #felon #trump? His noms are Corrupt & Unqualified. #arbitraryandcapricious @chuckschumer.com
Judge blasts Trump admin's student visa terminations as 'arbitrary and capricious' - ABC News #ArbitraryAndCapricious@GOP☢️
April 30, 2025 at 1:49 AM
Judge blasts Trump admin's student visa terminations as 'arbitrary and capricious' - ABC News #ArbitraryAndCapricious@GOP☢️
Tip: It's all one word, arbitraryandcapricious. Hope that helps him.
February 12, 2025 at 6:19 PM
Tip: It's all one word, arbitraryandcapricious. Hope that helps him.