Jody Freeman

Hey everyone. I'm moving to Blue Sky. Please join me there 👇🏻 @jodyfreeman.bsky.social Planning to fight the good fight: push back on climate and environmental rollbacks; defend democracy and the rule of law; insist on competent government.

Advice to my students on scary cabinet picks: Realize you are being trolled. Some truly awful, beyond the pale, cuckoo bananas nominees are Trojan Horses for the real nominee, who will seem less bad by comparison (but might be more competent and so more dangerous). Just. Wait.

For those interested in POTUS's power to make recess apptmts here's a plain English explainer of the Supreme Court's decision in Noel Canning (striking down Obama's recess apptmts to the NLRB but still favoring fairly broad presidential recess power): scotusblog.com/2014/06/court-…

On Trump naming Zeldin to head EPA: no doubt EPA is ground zero for deregulatory agenda but rollbacks won't be easy. Biden climate rules are supported by strong records & can't be waived away. Look for budget cuts & efforts to weaken/sideline expert staff. Legal battles to come.

Am I the only one thinking @PeteButtigieg should Chair the DNC? Or @MitchLandrieu? We need a next level communicator, organizer, fundraiser, framer of the issues and unapologetic pugilist for the Trump era. Aren't they with their skills the ones to energize the mid term comeback?

Those agencies help to provide us bedrock health, safety, and consumer protections and to enforce some limits on the excesses of an unfettered private market. Doing these things is a necessary, defensible, and proper role for government. Which is why we must work to preserve it.

On Trump's plan to dismantle the administrative state- we wrote about this in the first Trump Term: there are limited ways to constrain a determined president who wants to kneecap agencies & effectively "decompetence" government. harvardlawreview.org/wp-content/upl…

1/2The reason this matters is not because we Democrats just love big government but because a modern 21st cent. economy & society depends on a competent federal bureaucracy staffed w professional public servants to protect our most fundamental rights & act in the public interest

5. Law & legal institutions are more important than ever. 6. Stoking fear & powerlessness is the game plan of extremists in every society. Don't give into it. Resist. Internally & externally summon your brave self. 7.  Take a breath. Grieve. Seek to understand. Then do the work.

1/2 My message: 1. Being on the losing side of an election is extremely disappointing.  2. This is part of what it means to live in a democracy.  3. The work now is to seize agency not give in to fear.  4. Nothing is inevitable. Politics continues. Find avenues to have impact.

Idea: what if the Democrat climate message could be "build baby build" to counter "drill baby drill" since climate change is fundamentally an infrastructure challenge and we need to build solar, wind, batteries + transmission & storage at scale. Build stuff! Jobs! Growth! 😊

Much to admire in Tim Walz's climate agenda & what he accomplished with partners in MN. Message to the base is that climate will be a priority and approach will be inclusive. Benefits of climate action for all should be explained in terms of jobs and public health! Walz can help!

Swing voters say they worry about Project 2025 but don't know what's in it. I say emphasize things that will matter to people: banning access to medication women need; eliminating DHS; using military for law enforcement; enforcing Christian family values. buzzfeed.com/michaelabramwe…

For folks disappointed about climate progress in Biden admin one thing is clear: Rs will be EGREGIOUS on this issue. Not a single R voted for the IRA + Trump would try to claw $ back. And read Project 2025's EPA chapter - a truly sweeping plan to weaken agency + roll regs back.

For those interested in the Supreme Court's recent rulings and how they could affect climate change, here is a good conversation hosted by @robinsonmeyer on Shift Key with me and the excellent @nicholas_bagley: podcasts.apple.com/us/podcast/wha…

Whoops sorry meant @AndrewMergen not the other guy. 😊

Sharing an encouraging piece by colleagues @Andymergen1 & Sommer Engles who argue that agency and DOJ staff should keep doing their critical work despite Supreme Court setbacks. yalejreg.com/nc/the-world-g…

Sharing new CleanLaw Podcast feat. me & @AndrewMergen on the Supreme Court's administrative law cases: Loper, Ohio, Jarkesy & Corner Post - we go thru each one & discuss implications. They pose serious challenges,yes, but agencies should keep at it we say. eelp.law.harvard.edu/2024/07/cleanl…

Well worth a read: several of my fabulous colleagues comment on the Supreme Court's momentous term including the destructive administrative law cases and the shocking immunity decision.   hls.harvard.edu/today/evaluati…

Today my nephew texted me and asked: "Aunt Jo. What’s the point of the Supreme Court if everything is always 6-3 / just party lines?" I'm a law professor and I try hard to give the Justices the benefit of the doubt...but that question is getting harder and harder to answer.