He just doesn’t get it. It has nothing to do with one cite or another.
Law professors should not offer themselves as subject matter experts to the Supreme Court when the thoroughness of the work belies the claim of having special insight.
Inexplicably skipping over 100 years of history is bad.
Feb 4, 2026 21:39Note, he doesn’t actually engage with the substantive questions unless it benefits him.
He’s wrong on safe conducts.
He’s wrong to jump over a century.
He’s wrong to not address expulsions.
He’s wrong to not explain whether he did archival work or why he didn’t feel it methodologically needed.