The End Of An Era: Stroock Dissolves After Nearly 150 Years – Above the Law

(Image
via
Getty)



Ed.
note
:
Welcome
to
our
daily
feature, Quote
of
the
Day
.


I
am
extremely
pleased
by
the
outcome
of
this
process,
which
facilitated
creditor
recoveries
substantially
exceeding
those
usually
achieved
in
a
law
firm
liquidation.
The
dedication
of
Stroock’s
winddown
team,
the
diligence
of
the
Firm’s
former
partners
in
supporting
the
collection
of
accounts
receivable
and
the
good
faith
participation
in
the
process
by
the
overwhelming
majority
of
Stroock’s
creditors
allowed
us
to
complete
the
winddown
and
dissolution
of
a
law
firm
in
only
26
months
and
helped
to
maximize
the
value
ultimately
delivered
to
creditors.



— Gary
Polkowitz,
a
Senior
Managing
Director
at
Teneo,
the
global
CEO
advisory
firm,

commenting

on
the
completion
of
the

winddown
and
formal
dissolution

of
Stroock
&
Stroock
&
Lavan.
Polkowitz
served
as
the
nearly
150-year-old
firm’s
liquidation
manager,
and
as
of
December
31,
2025,
Stroock
agreed
to
settlements
with
creditors
holding
over
99%
of
unsecured
claims.
Final
distributions
have
now
been
made
to
all
creditors,
who
received
55.50%
of
their
agreed
claims.





Staci
Zaretsky
 is
the
managing
editor
of
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to email her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

FIFA 2026, Politics, And The Law: What Sepp Blatter’s Warning Really Means For The World Cup In America – Above the Law

(Photo
by
Isabelle
Ouvrard/SEPA.Media
/Getty
Images)

Every
World
Cup
arrives
with
controversy.
That
is
part
of
the
tournament’s
DNA.
Host
nations
worry
about
stadium
readiness.
Fans
argue
about
ticket
prices.
Security
planners
lose
sleep.

What
feels
different
this
time
is
that
the
warning
is
not
coming
from
activists
in
the
stands
or
lawmakers
in
host
cities.
It
is
coming
from
the
top
of
the
sport’s
old
establishment.


Former
FIFA
president
Sepp
Blatter
is
now
publicly
backing
calls
for
fans
to
stay
away
from
matches
in
the
United
States
in
2026
.
He
echoed
comments
from
Swiss
lawyer
and
longtime
FIFA
reform
figure
Mark
Pieth,
who
said
in
a
newspaper
interview
that
supporters
should
consider
watching
from
home
and
that
visitors
might
face
aggressive
immigration
treatment
on
arrival.

Add
in
fresh
criticism
from
officials
within
Germany’s
soccer
federation,
new
travel
bans
affecting
fans
from
several
qualified
countries,
and
outrage
over
nearly
$9,000
list
prices
for
the
final
at
MetLife
Stadium,
and
the
legal
stakes
around
this
tournament
become
impossible
to
ignore.

The
United
States
is
not
just
hosting
a
sporting
event
next
summer.
Along
with
Canada
and
Mexico,
it
is
hosting
one
of
the
largest
temporary
international
migrations
in
modern
history.
Millions
of
people
will
cross
borders
to
attend
matches.
That
turns
immigration
law,
administrative
discretion,
security
policy,
consumer
protection,
and
even
tort
liability
into
part
of
the
tournament
infrastructure.

Let’s
start
with
the
travel
bans,
because
they
cut
closest
to
the
heart
of
fan
access.

Reports
that
supporters
from
Senegal,
Ivory
Coast,
Iran,
and
Haiti
may
be
barred
unless
they
already
hold
visas
raise
immediate
questions
about
how
immigration
policy
intersects
with
mega
events.
Legally,
the
federal
government
has
wide
latitude
to
regulate
entry
into
the
country.
Courts
have
repeatedly
upheld
presidential
authority
in
this
area
when
national
security
rationales
are
asserted.

But
FIFA
tournaments
operate
on
a
different
plane
than
ordinary
tourism.
Host
agreements
typically
include
promises
that
fans,
teams,
and
officials
will
be
able
to
enter
the
country
for
the
event
subject
to
standard
security
screening.
When
whole
categories
of
supporters
are
excluded
based
on
nationality,
that
tension
becomes
acute.

From
FIFA’s
perspective,
this
is
not
simply
a
political
headache.
It
is
potentially
a
contractual
one.
Host
country
agreements
often
commit
governments
to
facilitating
visas
for
accredited
participants
and
visitors.
If
those
commitments
are
perceived
as
hollow,
FIFA
and
its
partners
face
reputational
risk
and
possible
disputes
with
sponsors
and
broadcasters
who
paid
for
a
truly
global
spectacle.

From
the
fan
side,
there
is
another
layer.
Supporters
who
buy
tickets
and
book
travel
only
to
learn
later
that
they
cannot
enter
the
country
may
turn
to
refund
claims,
insurance
disputes,
or
class
actions
against
resellers
and
tour
operators.
The
fine
print
will
matter
enormously.
So
will
disclosures
about
entry
requirements
at
the
time
of
sale.

Which
brings
us
to
pricing.

Dynamic
pricing
has
pushed
the
list
price
for
the
final
toward
levels
that
would
make
Broadway
blush.
FIFA
President
Gianni
Infantino
has
suggested
resale
markets
could
drive
them
higher
still.

There
is
nothing
inherently
illegal
about
charging
premium
prices
for
scarce
tickets.
But
once
numbers
reach
this
scale,
regulators
start
paying
closer
attention.
State
attorneys
general
routinely
police
deceptive
sales
practices,
bait-and-switch
tactics,
and
hidden
fees
in
ticketing
platforms.
Federal
agencies
watch
for
unfair
or
misleading
advertising,
especially
when
international
consumers
are
involved.

If
fans
are
paying
thousands
of
dollars
while
simultaneously
facing
uncertainty
about
entry
into
the
country,
disclosure
becomes
the
legal
pressure
point.
What
did
sellers
promise?
What
risks
were
flagged?
What
refunds
are
available
if
government
policy
changes
after
purchase?

Security
policy
is
the
next
front.

Blatter
and
Pieth’s
comments
suggest
that
arriving
fans
could
face
aggressive
questioning
or
removal
if
they
run
afoul
of
immigration
officials.
That
may
sound
dramatic,
but
large-scale
events
already
involve
enhanced
screening,
coordination
between
federal
agencies,
and
temporary
security
zones
around
venues.

The
legal
responsibility
for
what
happens
to
spectators
inside
and
around
stadiums
will
fall
on
a
complex
web
of
actors.
Federal
authorities
control
borders.
Local
police
departments
manage
crowd
control.
Stadium
operators
and
organizing
committees
oversee
private
security.
If
something
goes
wrong,
plaintiffs’
lawyers
will
be
sorting
through
who
owed
what
duty
to
whom
in
record
time.

We
saw
this
play
out
in
other
mega
events
around
the
world.
When
transportation
collapses,
when
crowd
surges
injure
spectators,
or
when
protest
responses
escalate,
lawsuits
often
follow.
For
U.S.
host
cities,
sovereign
immunity
statutes,
federal
jurisdiction
questions,
and
indemnification
agreements
will
suddenly
move
from
boilerplate
to
battleground.

Then
there
is
the
political
overlay.

Concerns
tied
to
immigration
enforcement
protests,
foreign
policy
rhetoric,
and
domestic
unrest
are
not
issues
FIFA
can
simply
wave
away
with
marketing
slogans.
When
senior
figures
in
the
international
game
float
boycott
talk,
sponsors
take
notice.
So
do
broadcasters.
So
do
host
committees
that
have
issued
bonds,
built
transit
upgrades,
and
promised
economic
windfalls.

If
attendance
dips
because
foreign
supporters
stay
home,
that
has
ripple
effects
across
municipal
budgets
and
private
contracts.
Hotels,
vendors,
and
transportation
operators
rely
on
projections
that
assume
global
participation.
Litigation
over
lost
revenue
is
not
far-fetched
if
those
projections
collapse
under
policy
shifts.

FIFA’s
response
so
far
has
been
predictably
upbeat.
Infantino
insists
that
fans
will
come
and
celebrate
together.
He
may
well
be
right.
World
Cups
have
survived
scandals
before.

But
legally
speaking,
optimism
is
not
a
strategy.

The
2026
tournament
is
testing
whether
a
sport
that
markets
itself
as
borderless
can
function
smoothly
inside
a
world
of
tightening
borders
and
polarized
politics.
Immigration
policy,
consumer
law,
public
safety
planning,
and
international
agreements
are
all
colliding
in
real
time.

For
American
hosts,
the
lesson
is
straightforward.
Transparency
matters.
Coordination
matters
more.
Clear
visa
pathways,
realistic
ticketing
disclosures,
and
visible
security
planning
are
not
public
relations
exercises.
They
are
liability
management.

For
fans,
the
message
is
equally
practical.
Read
the
entry
requirements.
Understand
refund
policies.
Know
what
insurance
actually
covers.
Do
not
assume
that
buying
a
ticket
guarantees
a
seat
in
the
stadium
if
government
rules
shift.

And
for
FIFA,
this
is
the
central
legal
question
behind
the
headlines.
When
former
presidents
and
reform
architects
warn
that
supporters
should
stay
away,
the
issue
is
no
longer
just
optics.
It
is
whether
the
legal
framework
surrounding
the
tournament
can
support
the
world’s
biggest
sporting
event
without
cracking
under
geopolitical
strain.

The
World
Cup
has
always
claimed
to
unite
nations
for
90
minutes
at
a
time.
In
2026,
the
courts,
regulators,
and
border
officials
may
end
up
shaping
that
promise
just
as
much
as
the
players
on
the
pitch.





Michael
J.
Epstein
,
a
Harvard
Law
School
graduate,
is
a
trial
lawyer
and
managing
partner
of 
The
Epstein
Law
Firm,
P.A.,
 a
law
firm
based
in
New
Jersey.

New Year, New Shingle: Why 2026 Is The Year To Bet On Yourself – Above the Law

Has
the
thought
of
starting
a
law
firm
ever
crossed
your
mind? 

There
are
plenty
of
reasons
for
starting
your
own
law
firm,
whether
you
want
to
focus
more
on
one
practice
area
or
you’re
ready
to
be
your
own
boss.

If
you’re
curious
about
going
out
on
your
own,
this
checklist
from
our
friends
at
8am
will
help
you
get
started.


Sign
up
here
to
get
started!

  

What Does Your Paycheck Look Like? – Above the Law

We’re
collecting
information
for
our

annual
law
firm
compensation
report

and
need
your
help.

If
you
are
a
lawyer
at
a
firm
with
fewer
than
250
attorneys
and
haven’t
yet
taken
our
compensation
survey,
please


click
here

to
do
so
now. 

The
survey
is
open
to
solo
practitioners
as
well
as
attorneys
at
midsize
and
small
law
firms.

The
survey
is

completely
anonymous

and
won’t
take
more
than
a
few
minutes
of
your
time. 


What Does OpenAI and Anthropic’s Healthcare Push Mean for the Industry? – MedCity News

This
month,
two
of
the
hottest
AI
companies
in
San
Francisco
announced
a
major
push
into
healthcare

moves
that
experts
say
were
not
only
inevitable,
but
also
timely
and
high-stakes.

These
AI
rivals
— 

Anthropic

and

OpenAI
,
the
makers
of
the
widely
used
large
language
models
Claude
and
ChatGPT,
respectively

unveiled

new
suites
of
tools

for
healthcare
organizations
and
everyday
consumers.
These
moves
reflect
a
shift
in
how
patients
are
accessing
medical
guidance

one
that
experts
agree
is
simultaneously
expanding
access
to
information
while
raising
new
questions
about
trust
and
control. 


What
these
healthcare
expansions
could
mean
for
startups

Anthropic
and
OpenAI’s
healthcare
buildouts
are
forcing
startups
across
the
health
tech
market
to
reassess
where
they
truly
have
defensible
advantages,
one
investor
pointed
out. 

Kamal
Singh,
senior
vice
president
at

WestBridge
Capital
,
thinks
consumer
wellness
and
nutrition
startups
are
the
most
vulnerable,
saying
that
these
types
of
broad,
chat-based
platforms
are
likely
to
be
commoditized. 

Startups
offering
nutrition
or
wellness
advice
without
deep
specialization
now
face
weakened
value
propositions

given
that
Claude
and
ChatGPT
have
massive
distribution
and
habitual
usage,
he
pointed
out.
Some
examples
include
apps
like

Noom
,

Fay

and

Zoe
.

Others
will
probably
remain
insulated

or
even
strengthened

depending
on
how
robust
their
models
are,
Singh
said.
In
his
view,
companies
focused
on
specialized
clinical
areas,
such
as
chronic
disease
management,
will
be
far
more
resilient
to
large
tech
incumbents
entering
the
space. 

These
types
of
companies
rely
on
deep
patient
data,
longitudinal
insights
and
disease-specific
expertise

capabilities
that
we
still
don’t
know
if
general
purpose
tech
companies
will
be
able
to
replicate
at
scale,
Singh
remarked.

He
also
pointed
to
care
coordination
and
care
management
as
areas
where
startups
can
maintain
an
edge,
particularly
when
they
combine
AI
with
human
clinicians.
Rather
than
competing
directly
with
large
language
models,
Singh
believes
startups
should
differentiate
by
prioritizing
outcomes
and
delivering
end-to-end
care
experiences.

Another
emerging
battleground
is
AI-driven
primary
care.
Singh
said
this
category
sits
between
consumer
wellness
and
specialized
medicine

sophisticated
enough
to
resist
full
commoditization,
but
still
vulnerable
to
pressure
from
popular
AI
platforms. 

“On
the
startup
side,
you
don’t
really
have
any
winners
yet

there
are
a
couple
of
companies
like
Counsel
Health,
who
are
kind
of
inching
towards
that
goal,
but
these
announcements
make
it
a
very
interesting
dynamic
there,”
he
declared.


Counsel
Health

is
a
virtual
care
company
that
combines
AI
with
human
physicians
to
give
users
quick,
personalized
medical
advice.

To
survive,
Singh
said
startups
in
this
space
will
need
creative
business
models,
including
hybrid
approaches
that
integrate
real
clinicians
with
AI-powered
guidance.


The
inevitable
rise
of
AI
as
healthcare’s
front
door

It
was
inevitable
that
OpenAI
and
Anthropic
would
deepen
their
presence
in
healthcare.
Trends
in
user
activity
made
this
unavoidable


hundreds
of
millions

of
people
per
week
were
turning
to
their
chatbots
to
answer
their
health-related
inquiries.

“Almost
5%
of
their
traffic
is
healthcare-related.
There
are
about
40
million
unique
healthcare
questions
asked
by
users
in
a
day.
Given
that,
it
really
does
seem
that
they’re
in
the
healthcare
business,
and
so
if
they’re
seeing
that
much
traffic
to
their
sites
related
to
healthcare,
they
had
to
increase
their
capabilities
in
that
space,”
explained
healthcare
AI
expert
Saurabh
Gombar.

So
what
did
the
Anthropic
and
OpenAI
actually
roll
out?

OpenA
launched
two
new
offerings.
One
is

ChatGPT
Health
,
a
dedicated
health
experience
within
ChatGPT
that
combines
a
user’s
personal
health
information
with
the
company’s
AI,
with
the
promise
of
helping
people
better
manage
their
health
and
wellness.
The
other
is

OpenAI
for
Healthcare
,
a
suite
of
AI
tools
designed
to
help
healthcare
providers
reduce
administrative
burnout
and
improve
care
planning. 

OpenAI
also
announced
its
acquisition
of
medical
records
startup
Torch
this
month

a
deal
that
is

reportedly
worth
$100
million
.

Anthropic
followed
with
a
healthcare
splash
of
its
own,
unveiling
a

new
suite
of
Claude
tools
.
The
company
is
releasing
new
agent
capabilities
for
tasks
like
prior
authorization,
healthcare
billing
and
clinical
trial
workflows,
as
well
as
letting
its
paid
users
connect
and
query
their
personal
medical
records
to
get
summaries,
explanations
and
guidance
for
doctor
visits.

Gombar,
the
AI
expert
mentioned
above,
believes
that
large
language
models
are
becoming
the
new
“front
door”
to
healthcare.

“The
LLMS
are
now
becoming
the
front
door
for
medical
advice
and
treatment
options,
and
the
actual
provider
is
becoming
the
second
opinion.
Because
chatbots
are
easier
to
interact
with,
and
they’re
free,
and
you
don’t
have
to
schedule
around
them,”
Gombar
stated.

Gombar
is
a
clinical
instructor
at

Stanford
Health
Care

and
chief
medical
officer
and
co-founder
of

Atropos
Health
,
a
healthcare
AI
startup
that
generates
real-world
evidence
at
the
bedside.
In
his
eyes,
tech
companies
developing
public-facing
chatbots
are
already
in
the
healthcare
business,
whether
they
formally
acknowledge
it
or
not.

This
could
fundamentally
alter
the
physician-patient
relationship.
Gombar
noted
that
clinicians
are
already
beginning
to
see
more
and
more
patients
who
arrive
already
convinced
they
need
specific
tests
or
treatments
based
on
chatbot
advice.

He
thinks
traditional
providers
have
limited
control
over
this
shift,
given
consumer
behavior
is
clearly
changing
at
a
rapid
pace.
Not
only
has
the
use
of
chatbots
like
ChatGPT
and
Claude

skyrocketed

in
the
past
couple
of
years,
but
Americans
are
also
finding
it
more
difficult
to
access
healthcare
amid

sweeping
Medicaid
cuts

and
a

worsening
labor
shortage
.


The
risks
of
chatbots
in
medicine

The
rise
of
large
language
models
in
healthcare
is
already
well
underway,
but
that
doesn’t
mean
there
aren’t
risks
involved.
Asking
for
medical
guidance
from
an
intelligent
software
program
is
very
different
than
asking
for
a
recipe

wrong
answers
can

cause
real
harm
.

Traditional
healthcare
providers
have
accountability
mechanisms

such
as
medical
malpractice
rules,
audit
trails
and
liability
protocols

while
chatbots
rely
heavily
on
disclaimers
that
say
their
outputs
should
not
be
considered
medical
advice,
Gombar
pointed
out.



However,
in
practice,
many
users
treat
chatbot
responses
as
actual
medical
advice,
often
without
cross-checking
with
other
sources
or
their
providers,
he
added.

Gombar
hopes
companies
like
Anthropic
and
OpenAI
move
beyond
disclaimers
and
take
greater
responsibility
for
how
their
tools
handle
medical
information.
In
the
future,
he
would
like
to
see
them
be
more
transparent
about
the
limitations
of
their
systems

including
how
often
they
hallucinate,
when
answers
are
not
grounded
in
strong
evidence
and
when
medical
evidence
itself
is
uncertain
or
incomplete.

He
also
suggested
that
large
language
models
be
designed
to
more
clearly
communicate
uncertainty
and
gaps
in
knowledge,
rather
than
presenting
speculative
answers
with
unwarranted
confidence,
he
said. 

Aside
from
accuracy,
there
are
also
concerns
related
to
data
privacy,
as

consumers’
growing
distrust

of
Big
Tech
companies
and
their
data
privacy
practices
remains
an
ongoing
issue.

Anthropic
said
that
its
new
health
products
are
designed
with
strict
safeguards
around
user
consent
and
data
protection.

“Users
give
express
consent
to
integrate
their
data
with
full
information
about
how
Anthropic
protects
that
data
in
our
consumer
health
data
privacy
policy.
Anthropic
does
not
train
on
user
health
data.
Period.
We
also
protect
sensitive
health
data
from
inadvertent
sharing
to
other
integrated
model
context
protocols
by
requiring
user
consent
to
each
integration
in
conversations
where
integrated
health
data
is
being
discussed.
Users
can
disconnect
the
integration
any
time
in
settings,”
an
Anthropic
spokesperson
explained
in
an
emailed
statement.

Even
before
it
rolled
out
ChatGPT
Health,
OpenAI
had
been
building
user
data
protections
across
ChatGPT,
including
permanent
deletion
of
chats
from
OpenAI’s
systems
within
30
days
and
training
its
models
not
to
retain
personal
information
from
user
chats,
a
company
spokesperson
said
in
a
statement.

For
its
new
consumer
health
offering,
OpenAI
has
added
more
encryption
protections,
as
well
as
isolated
the
chats
to
keep
health
conversations
and
memory
protected
and
compartmentalized.
Conversations
in
ChatGPT
Health
are
not
used
to
train
its
foundation
models,
the
spokesperson
said.

As
for
OpenAI’s
new
platform
for
healthcare
providers,
customers
will
have
full
control
over
their
data.
When
clinicians
enter
patient
information,
for
example,
it
will
stay
within
the
organization’s
secure
workspace
and
will
not
be
used
for
model
training. 


Making
AI
work
for
clinicians
and
patients

By
releasing
tools
for
consumers
as
well
as
for
healthcare
providers,
OpenAI
is
signaling
that
it
understands
consumers
have
different
needs
and
goals
than
hospitals.
Patients
want
general
guidance
and
convenience,
while
providers
need
accurate,
actionable
information
that
can
be
safely
integrated
into
the
clinical
record,
noted
Kevin
Erdal,
senior
vice
president
of
transformation
and
innovation
services
at

Nordic
,
a
health
and
technology
consultancy.

When
deploying
new
large
language
models,
he
recommended
hospitals
watch
out
for
shadow
workflows. 

“Clinicians
may
start
informally
relying
on
patient-generated
summaries
or
AI-assisted
interpretations
without
clear
standards
for
validation
or
documentation.
If
no
one
validates
where
patient-reported
information
came
from,
or
oversees
how
that
information
is
reviewed,
incorporated
or
rejected,
risk
quietly
accumulates,”
Erdal
said.

When
it
comes
to
Anthropic
and
OpenAI’s
consumer-facing
healthcare
tools,
the
biggest
risk
isn’t
misinformation
so
much
as
missing
context,
he
remarked.

“Context,
intent
and
reasoning
can
live
in
a
chat
while
the
clinical
record
captures
only
the
outcome,
weakening
care
continuity
and
the
trust
between
patient
and
provider,”
Erdal
stated.

This
gap
in
context
underscores
why
consumer-facing
chatbots
are
ill-suited
for
clinician
use.

For
hospitals
and
other
providers,
Erdal
thinks
the
right
response
to
the
rise
of
consumer-facing
healthcare
AI
is
integration.

“It
will
look
like
health
systems
accepting
that
these
tools
already
exist,
and
designing
responsible
ways
to
absorb
their
output
without
fragmenting
care.
The
bar
is
continuity,
and
the
patient/provider
relationship
is
what’s
at
stake,”
he
declared.

If
consumer-facing
AI
models
help
patients
walk
into
healthcare
interactions
more
informed
and
better
prepared,
but
then
their
providers
are
unprepared
to
integrate
that
into
the
healthcare
conversation
in
a
thoughtful
or
deliberate
way,
access
to
healthcare
information
improves
while
trust
drops
off,
Erdal
explained.

At
a
deeper
level,
OpenAI
and
Anthropic’s
healthcare
push
reflects
a
broader
shift
in
the
healthcare
industry.

The
question
is
no
longer
whether
AI
will
become
part
of
the
patient
journey

it’s
clear
that
the
shift
is
already
underway.
The
real
question
is
who
will
control
it,
who
will
be
accountable
for
it,
and
how
much
influence
it
will
have
over
decisions
that
were
once
firmly
in
the
hands
of
clinicians.

Experts
agree
that
the
companies
that
adapt

by
integrating
AI
thoughtfully,
strengthening
trust
and
clarifying
responsibility

may
help
build
a
more
accessible
healthcare
system.
Those
that
don’t
may
find
themselves
left
behind.


Photo:
Pakorn
Supajitsoontorn,
Getty
Images

Morning Docket: 01.28.26 – Above the Law

*
Kirkland
drama
reveals
that
when
the
bell
rings,
private
equity
clients
trump
litigation
clients.
[Financial
Times
]

*
Lawyer
representing
the
agent
who
killed
Renee
Good
drops
out
of
GOP
race
for
governor,
says
ICE
has
gone
too
far.
[WSJ]

*
ABA
convenes
with
a
hefty
agenda.
[ABA
Journal
]

*
A
look
at
how
Minnesota
firms
are
dealing
with
the
disruption
brought
on
by
ICE’s
operation.
[American
Lawyer
]

*
As
Minnesota
situation
worsens,
congresswoman
attacked
at
town
hall
meeting,
sprayed
with
unknown
substance.
[CSPAN]

*
State
lawmakers
look
for
avenues
to
bring
local
charges
against
federal
agents
who
commit
crimes.
[Reuters]

*
New
York
considers
legalizing
dancing.
[Lowering
the
Bar
]

Maine Plane Crash Claims Lives – See Also – Above the Law

An
Attempted
Take-Off
Turns
Tragic:
We
send
our
condolences
to
their
family
and
friends.
Trump
Administration
Leaves
Transportation
Regulation
Up
To
AI:
No
way
this
will
pan
out
well.
Bush-Appointed
Judge
Benchslaps
ICE:
He
got
so
fed
up
that
ICE
followed
the
court
order!
Torts
Professor
Doesn’t
Let
History
Of
Being
Wrong
Stop
Him:
Nor
will
he
let
history
get
in
the
way
of
his
trash
birthright
citizenship
take.
Judge
Tells
Government
To
“Be
Serious”
About
West
Wing
Demolition
Justification:
And
it
was
seriously
funny!
Mind
Your
Parents:
Everyone
benefits
when
parental
leave

actually

supports
working
parents!

Bush-Appointed Federal Judge To ICE: Comply With Court Courts. ICE: You’ve Got Us There! – Above the Law

Federal
judges
are
not
known
for
flying
off
the
handle.
Which
is
why,
when
a
federal
judge
announces
that
his
patience
is
at
an
end,
everyone
should
probably
sit
up
straight.

Enter
Judge
Patrick
Schiltz,
Chief
of
the
District
of
Minnesota,
a
George
W.
Bush
appointee
who
has
apparently
reached
the
“I
am
absolutely
done
with
this”
stage
of
dealing
with
the
Trump
administration’s
approach
to
immigration
enforcement.
In
a
sharply
worded
order,
Schiltz
took
the
“extraordinary
step”
of
ordering
the
Todd
Lyons,
acting
director
of
Immigration
and
Customs
Enforcement,
to
personally
appear
in
court
to
explain
why
he
should
not
be
held
in
contempt.

See,
it
turns
out
judges
don’t
love
litigants
ignoring
court
orders.
The
order
stems
from
ICE’s
arrest
of
a
man
earlier
this
month
and
placed
in
immigration
detention.
On
January
14,
Judge
Schiltz
ordered
the
government
to
provide
the
detainee
with
a
bond
hearing
within
seven
days.
He
was
very
clear
about
the
stakes.
If
the
government
failed
to
comply,
the
man
was
to
be
immediately
released.

But
the
government
went
and
pulled
a
Bartleby
the
Scrivener
and
preferring
not
to
do…
anything
about
the
court’s
order.

Schiltz
did
not
mince
words
about
what
this
represents.
He
noted
that
the
administration
has
developed
an
“unfortunate
habit”
of
ignoring
court
orders
literally
dozens
of
times
in
immigration
cases
during
the
course
of
ICE’s
occupation
of
Minnesota.
Time
and
again
courts
have
issued
directives
and
the
government
has
just
shrugged.

All
of
which
is
why
Schiltz
wrote,
“The
Court’s
patience
is
at
an
end.”

Hauling
the
head
of
a
federal
agency
into
court
is
not
something
judges
do
lightly.
But,
as
Schiltz
put
it,
“the
extent
of
ICE’s
violation
of
court
orders
is
likewise
extraordinary,
and
lesser
measures
have
been
tried
and
failed.”

What
makes
this
moment
especially
striking
is
who
Schiltz
is
not.
He
is
not
a
Democratic
appointee
itching
for
a
fight.
He
is
not
a
new
judge
trying
to
make
a
name.
He
is
a
two-time
Antonin
Scalia
clerk
and
a
George
W.
Bush-era
conservative
jurist
who
appears
to
have
had
just
about
enough
of
an
executive
branch
that
treats
court
orders
as
optional
suggestions.

Schiltz
did
offer
the
administration
an
off-ramp.
Lyons
can
avoid
this
entire
mess
if
the
government
simply
complies
with
the
original
order
and
releases
the
detainee.
TL;
DR
version:
respect
the
authority
of
the
court
and
this
all
goes
away.

And
ICE
blinked.
According
to
reports,
the
government
has
released
the
detained
man.

Wonder
if
this
newfound
conciliatory
tack
will
extend
to
the
“dozens”
of
other
orders
the
government
is
flouting.

Read
the
full
order
below.




Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

Torts Professor Who Botched COVID Prediction Suddenly Expert On Birthright Citizenship – Above the Law

Richard
Epstein
is
back
and
as
opinionated
as
ever.
Or
maybe,
more
accurately,
“as
willing
to
share
his
opinion
as
ever
regardless
of
expertise.”

The
NYU
Law
professor
who
famously

predicted
that
only
500
Americans
would
die
of
COVID-19

and
then


adjusted

his
estimate
to
5000

when
that
didn’t
pan
out
and
then
just
shrugged
and
stopped
talking
about
it
when
his
amateurish
dabbling
in
public
health
theory
ended
up
being
off
by
hundreds
of
thousands
more.
The
intellectual
gadfly
just
flitted
on
to
another
subject
rather
than
grapple
with
being
profoundly
and
embarrassingly
wrong.
Tragically,

the
White
House
reportedly
took
Epstein’s
baseless
ramblings
at
face
value
,
delaying
a
proper
response
to
COVID
on
the
pseudoscientific
ramblings
of
a
neophyte.

A
few
years
later,

Epstein
enthusiastically
applauded
the
death
of

Chevron
,
allowing
judges
to
use
their
law
school
degrees
to
second-guess
scientists
and
engineers.
Truly
inspiring
to
see
how
much
someone
can
achieve
without
a
sense
of
irony.

Or
shame
as
the
case
may
be.

In
any
event,
he’s
back
with
a
Supreme
Court
amicus
brief
backing
up
one
of
Donald
Trump’s
pet
constitutional
law
theories:
that
the
guarantee
of
birthright
citizenship
enshrined
in
the
Fourteenth
Amendment
doesn’t
really
say
that.
To
be
clear,
Epstein’s
not
an
expert
in
this
field,
but
he
views
his
own
law
degree
as
a
sort
of
academic
“stayed
at
a
Holiday
Inn
Express
last
night”
allowing
him
to
weigh
in
and
enjoy
presumptive
credibility
without
any
of
the
heavy
lifting
involved
in
going
out
and
engaging
with
experts.

NYU
Law
Prof.
Richard
Epstein
has
submitted
his
amicus
brief
to
the
United
States
Supreme
Court
on
birthright
citizenship.
He
has
no
expertise
in
this
area
and
has
never
done,
as
far
as
I
know,
any
substantial
work
on
the
history
of
the
common
law
dating
back
to
early
modern
and
pre-modern
England.



Anthony
Michael
Kreis
(@anthonymkreis.bsky.social)


2026-01-27T18:24:49.571Z

The
birthright
citizenship
fight
bears
a
lot
of
similarities
to
Trump’s
effort
to
seize
Greenland.
Both
are
topics
that
absolutely
no
one
was
talking
about
until
Trump
took
them
up,
but
now
generate
a
whole
industry
of
sycophantic
support.
For
roughly
a
century-and-a-half,
everyone
agreed
that
the
Fourteenth
Amendment
clearly
meant
what
it
said
about
birthright
citizenship.
Indeed,
Richard
Epstein
never
thought
anything
about
the
subject
either

having
never
written
anything
even
hinting
at
it
throughout
his
career.
But
since
Trump
embraced
the
subject,
Epstein’s
written
a
whole
book
on
it!

Because
when
you’ve
been
catastrophically
wrong
about
epidemiology,
why
not
try
your
hand
at
constitutional
history?


The
brief
itself

argues
that
“subject
to
the
jurisdiction
thereof”
in
the
Citizenship
Clause
should
be
read
to
exclude
children
of
immigrants
because
naturalization
laws
historically
required
people
to
renounce
foreign
allegiances.
Because
the
children
of
naturalized
citizens
got
to
be
citizens,
he
takes
the
leap
that
children
must
not
be
citizens
unless
their
parents
are
fully
naturalized.
Georgia
State
law
professor
Anthony
Michael
Kreis,
an
actual
constitutional
history
scholar,
explains
how
English
common
law

beyond
reading
the
Cliff’s
Notes
of
Blackstone’s
Commentaries

does
not
support
this
conclusion:

Children
born
in
the
king’s
realm
were
generally
subjects,
no
matter
the
parents’
identity.
Had
Epstein
dug
back
into
the
common
law
*before*
Blackstone,
there
are
some
good
examples
of
this
being
explained.
Instead,
he
treats
parents’
status
as
somehow
inherited
by
the
children.
He
suggests
that
Blackstone’s
articulation
tends
to
accord
with
the
brief’s
argument
that
“children
of
illegal
aliens”
are
“subject
to
a
foreign
power.”
That’s
entirely
unsupported
rubbish.

Kreis,
along
with
professors
Evan
Bernick
and
Paul
Gowder,
anticipated
and
eviscerated
precisely
this
style
of
argument
in

a
Cornell
Law
Review
piece
.
Their
assessment
of
academics
who
suddenly
discovered
anti-birthright
citizenship
arguments
is
appropriately
brutal:

Under
the
guise
of
“originalism,”
[these
scholars]
propose
an
ahistorical,
revisionist
interpretation
of
the
Fourteenth
Amendment’s
Citizenship
Clause…
Their
efforts
to
radically
redefine
the
historical
understanding
of
citizenship
are
methodologically
flawed
and
undermine
core
principles
of
constitutional
law.

More
directly:
the
arguments
are
“wildly
inconsistent
with
constitutional
text,
history,
precedent,
and
unbroken
tradition.”

Epstein’s
brief
argues
that

Wong
Kim
Ark


the
1898
Supreme
Court
case
that
explicitly
held
the
Citizenship
Clause
grants
birthright
citizenship

was
“wrongly
decided,”
citing
Chief
Justice
Roberts’s
lament
that
gay
people
can
get
married
now
for
good
measure.
Until
a
few
years
ago,
even
the
most
die-hard
conservative
legal
movement
voices
would
acknowledge
it

as
both
settled
and
obvious
.
Before
Trump’s
rise,
the
political
debate
over
birthright
citizenship
revolved
around
repealing
parts
of
the
Fourteenth
Amendment…
now
it’s
about
pretending
the
Amendment
doesn’t
really
exist
at
all.

The
Kreis,
Bernick,
Gowder
article
addresses
why
this
whole
“allegiance”
theory
peddled
by
Epstein
wouldn’t
even
accomplish
the
fundamental
purpose
of
the
Fourteenth
Amendment
here

namely,
nullifying

Dred
Scott
:

Nullifying
Dred
Scott
thus
required
a
theory
of
citizenship
that
did
not
depend
upon
any
initial
consent
on
the
part
of
enslaved
people
to
obey
U.S.
law…
Enslaved
people
were
kidnapped
and
forced
into
the
United
States;
their
consent
was
neither
sought
nor
given.

In
other
words,
the
consent-based
citizenship
theory
Epstein
champions
would
struggle
to
explain
how
the
very
people
the
Fourteenth
Amendment
was
designed
to
protect
became
citizens
at
all.

This
kind
of
fly-by-night
constitutional
theorizing
springs
from
a
troubling
historical
precedent:
the
Dunning
School
of
Reconstruction
historiography.
And
while
all
conservative,
originalist
“history”
draws
from
the
Dunning-Kruger
School,
this
Dunning
is
unrelated.
The
Dunning
School
addressed
here
involves
the
work
of
an
early
20th
century
historian
named
William
Archibald
Dunning,
who
churned
out
a
series
of
racist
interpretations
of
post-Civil
War
history
that
got
picked
up
at
the
convenience
of
bad
faith
actors
hoping
to
wish
away
Reconstruction.

At
least
that
Dunning
was
trying
to
be
a
historian,
and
not
a
tourist
crashing
the
discipline
hoping
to
rewrite
history
with
a
law
degree.

Whenever
called
upon
to
speak
about
artificial
intelligence,
I
cite
Christine
Lemmer-Webber’s
description
of
LLMs
as
mansplaining
as
a
service
.”
It’s
going
to
give
the
user
answers,
and
if
they’re
wrong…
they’re
going
to
be
very
confidently
wrong.
Maybe
we
can
expand
that
phrase
to
cover
Epstein’s
public
work.




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
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Like
A
Lawyer
.
Feel
free
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