David H. Gans

It would be only fair to the reader to say frankly in advance that the attitude of any person toward this story will be distinctly influenced by his theories of the Negro race. If he believes that the Negro in America and in general is an average and ordinary human being, who under given environment develops like other human beings, then he will read this story and judge it by the facts adduced. If, however, he regards the Negro as a distinctly inferior creation, who can never successfully take part in modern civilization and whose emancipation and enfranchisement were gestures against nature, then he will need something more than the sort of facts that I have set down. But this latter person, I am not trying to convince. I am simply pointing out these two points of view, so obvious to Americans, and then without further ado, I am assuming the truth of the first. In fine, I am going to tell this story as though Negroes were ordinary human beings, realizing that this attitude will from the first seriously curtail my audience. W. E. BURGHARDT DU BOIS Atlanta, December, 1934

I'd forgotten how hard the preface to DuBois's "Black Reconstruction" (1934) went...and am saddened by how contemporary it still feels.

"Watson v. RNC: Six Flaws in the Argument that Federal Statutes Bar Mailing Ballots Through Election Day" #ELB Richard Bernstein goes deep into statutory interpretation questions.

“Watson v. RNC: Six Flaws in the Argument that Federal Statutes Bar Mailing Ballots Through Election Day” electionlawblog.org?p=154639

Congrats Katie!

The Supreme Court's eagerness - and willingness - to just do what they want (especially on the shadow docket), notwithstanding normal legal processes & their own jurisdiction continues to be revealing.

(As does Sam Alito's manipulation/misrepresentation of the facts.)

Slavery and Birthright Citizenship All the Trump Administration's arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendmen...

"[A]ccepting the government's position [in the birthright citizenship case] would undermine the central purpose of the Citizenship Clause of the Fourteenth Amendment."
- @ilyasomin.bsky.social
Read more in @reason.com: reason.com/volokh/2026/...

CAC's @davidhgans.bsky.social 's groundbreaking new research on the forgotten story of the Black Conventions of the Reconstruction era is out now. Read more on Election Law Blog: www.theusconstitution.org/news/forgott...

The Trump administration’s executive order claiming to end birthright citizenship is unconstitutional. The text and history of the Fourteenth Amendment make that clear.

Constitutional Accountability Center and William & Mary Law School's Digital Democracy Lab invite you to AI & Constitutional Democracy at 250. Monday, March 2, 3 PM ET, virtual event. Featuring: Catherine Powell, CAC Scholar-in-Residence and Professor at Fordham Law School; Margaret Hu, Digital Democracy Lab Direct and Professor at W&M Law School. Moderator: Praveen Fernandes, CAC Vice President.

From facial recognition to fertility trackers, digital surveillance can create and replicate inequality. Join CAC VP Praveen Fernandes, Professor @catherinepowellesq.bsky.social, and Professor Margaret Hu for a virtual conversation on AI and civil rights: www.theusconstitution.org/events/ai-an...

Historians’ Amicus Brief in Trump v. Barbara Two historians and professors of legal history represented by Kendall Brill & Kelly LLP have filed a brief supporting a challenge to President Trump’s executive order purporting to end birthright citi...

« The historians’ brief — authored by Professor Martha S. Jones and Professor Kate Masur — centers on the pre–Civil War advocacy of free Black Americans for a broad and inclusive principle of birthright citizenship. » www.brennancenter.org/our-work/res...

So sorry for your loss Rick.

Hiram R. Revels, first Black person to serve in US Congress, took his seat representing Mississippi in the US Senate on this day in 1870. That state’s legislature elected him to serve remainder of a Senate term (through 3/3/1871) interrupted by the state’s secession & the Civil War.

Image: LOC.

Can't wait to read!

What's Happening To Civil Rights Under ICE? w/ David Gans Grant talks to David Gans about what we’re seeing happen to civil rights and Constitutional rights as ICE continues to occupy Minneapolis.

CAC's @davidhgans.bsky.social joined @granthermes.bsky.social to discuss ICE's "rampant disregard for constitutional safeguards." Watch now: mimsnewspod.substack.com/p/whats-happ...

ICE took their papers—and won’t give them back Immigrants are being released from detention without documents proving their status.

New: Immigrants in MN are being released from detention without their IDs, work permits, social security cards, and other key documents that prove their status to begin with
www.motherjones.com/politics/202...

ICE took their papers—and won’t give them back Immigrants are being released from detention without documents proving their status.

“If you look at the Constitution’s texts, its language is broad and sweeping, and it protects persons—whether they’re citizens or not." Read more from @davidhgans.bsky.social in @motherjones.com about the Fourth Amendment's protections for everyone: www.motherjones.com/politics/202...

ICE took their papers—and won’t give them back Immigrants are being released from detention without documents proving their status.

NEW from @julialurie.bsky.social: Immigrants in Minnesota are being released from ICE detention without the work permits, Social Security cards, licenses, and other documents that prove their status

Thanks Franita, the piece is now up on SSRN and is available here: papers.ssrn.com/sol3/papers..... Comments very much welcomed and appreciated.

Really fascinating work from my brilliant colleague David H. Gans:

Hi Michael, here's the SSRN link to download the piece: papers.ssrn.com/sol3/papers.....

Hi Jerry. Here's the SSRN link: papers.ssrn.com/sol3/papers.....

Ken Burns (@kenlburns) on Threads Today we celebrate the birthday of one of our country’s greatest scholars and activists W.E.B Du Bois. I’m looking forward to the new doc on his life and work, REBEL WITH A CAUSE. Here’s an early loo...

Celebrating the birthday of the great scholar and visionary W.E.B DuBois, whose meticulously-researched seminal work Black Reconstruction, is the essential historical account of the true story of Reconstruction and how it was destroyed.
www.threads.com/@kenlburns/p...

This important new scholarship from my @myconstitution.bsky.social colleague @davidhgans.bsky.social has the added bonus of also being incredibly interesting. It's definitely a must-read!

Thanks to everyone who expressed interest in my forthcoming @stanlrev.bsky.social piece. As promised, I have posted the current version of the piece on SSRN: papers.ssrn.com/sol3/papers..... Comments very welcome. So excited to work with Stanford's amazing editors in getting this into print.

Thanks Sarah!

Thanks Michael. It should be up on SSRN on Monday and I’m happy to share a link with you. Thanks for your interest in seeing the piece.

Thanks Jerry. I’m planning to post to SSRN on Monday and I’ll post a link then. Thanks for your interest.

This one is definitely in the queue

Honoring Eunice Hunton Carter, New York's first Black female prosecutor YouTube video by CBS New York

CAC Scholar-in-Residence @catherinepowellesq.bsky.social spoke to CBS about the legacy of Eunice Hunton Carter, New York's first Black female prosecutor and a key figure in American history. www.youtube.com/watch?v=I2aX...

Thanks so much Heidi!