Time of year when lawyer licensure reform is hot topic. Let's start with some fundamental questions for those in charge of licensure, which are the states qua states. Why do they leave the essential matters to NCBE? That organization's power is 100% derivative of state power/1 2/power typically exercised by state high court, but practically delegated to bar authorities. NCBE has no legislative, administrative, or constitutional authority such that they "own" bar licensure. Moreover, they are a monopoly. No one else produces a set of exam questions/2

Thread on constitutional challenges to the two important vaxx mandates of today, Biden administration & LA Unified School District. Preface: Anyone who claims dead certainty about what fed courts, and maybe ultimately SCOTUS, will do is presumptuous. Complex dynamics at play,/1 2/doctrinally and politically. But still . . . national vaccine mandate is on very solid ground. Connects to classic sources of nat'l authority, in that it applies to workers & businesses under state control. Medicaid nexus re health care mandate is arguably a bit more/2

Of allies, opponents, and enemies: a thread. As expected, @NCBEX will formally oppose (through a "motion to postpone") #Resolution10G at tomorrow's @ABAesq house of delegates meeting. This is in blatant disregard to the interests and passionate voices of our grads; and also in/1 2/disregard of the many organizations, from across the country & representing BIPOC, disabled, LGBTQ, diverse young lawyers, etc. Their own interests, however one defines them ($$), Trump the interests of this generation of new lawyers. For those who say "no big deal; this/2

Juxtaposing strong statements by state bars & lawyer groups, including @ABAesq, with the lack of serious action, or frankly sustained attention, to access to justice raises squarely the question of whether bar leadership will ever practice what they preach./1 2/Lots of preaching, occasional resolutions, but where is the action? BIPOC communities suffer disproportionately from the lack of access to justice system, civil & admin. (Crim justice is a separate, but profound matter in its own right). Housing, family issues, incl custody &/2

Re Acosta lawsuit, haven't seen a written decision, but Judge K's ruling very narrow. Limited to the issue of fed regs/APA and maybe also due process. 1st amendment elements will continue on in the lawsuit, with a mighty band of media folks providing support/1 2/but 1A issue still strikes me as a hard one. Trump lawyer puts all the eggs in the basket of unlimited discretion to not engage with reporters in press conference setting. Not a crazy argument (although terrible policy). If Infowars reporter wriggled himself into press/2