Mark Nevitt

Excited to share my new article, “Sovereign Immunity in a Warming World,” is forthcoming in the Columbia Law Review and is ready to download here: papers.ssrn.com/sol3/papers.... Thanks to my @emorylaw.bsky.social colleagues for their help - feedback welcome!

@marknevitt.bsky.social and I have been shouting for months that the long-term military appropriations in the OBBA (the ones that will steal the next House's influence over federal armies by any name) are unconstitutional. Awesome to see @democracyforward.org file a complaint raising that claim.

“A bill to automatically fund the government in an appropriations lapse would end shutdowns—except the Two-Year Clause forbids funding the Army permanently.”

The "God Squad" hadn't met in 30+ years + then it showed up to exempt Gulf oil & gas drilling from the Endangered Species Act. 🐋👀 I joined @rbratspies.bsky.social, Pat Parenteau & Chinonso Anozie to unpack what happened and why Rice's whale should be very interested. www.elr.info/articles/elr...

Over at his personal blog, Emory Law Professor @matthewsag.bsky.social offers some very interesting thoughts on structuring law school exams in an era of AI and common extra-time accommodations. matthewsag.com/ai-accommoda...

If you're a rising scholar in either field, I'd love for you to consider joining us @emoryuniversity.bsky.social in beautiful Atlanta, GA. We're a collegial, ambitious faculty, and you can help shape the next chapter of legal education here. Know someone who'd be a great fit? Tag them below!

@emorylaw.bsky.social is hiring! Two positions are open to entry-level & lateral candidates who have < 6 years experience. Apply! 🔹 Assistant or Associate Professor — Civil Litigation 🔹 Assistant or Associate Professor — Tax Law 👉 Civil Litigation: lnkd.in/eaT85eh9 👉 Tax Law: lnkd.in/e7gxRSUZ

Being a "geo-bachelor" is one of the hidden sacrifices and tolls for many military families. "One in five active-duty family respondents reported choosing geographic bachelorhood at least once during their military career." www.navytimes.com/news/your-mi...

Pleased to see my article "Can the Secretary of Defense Remove Admirals from a Promotion List?" cited in this @nytimes.com Article. "It was not clear whether Mr. Hegseth had the authority to pull names off the list." www.nytimes.com/2026/06/19/u...

The end of freedom of navigation in the #StraitofHormuz? U.S. - Iran MOU states Iran will not charge vessels transiting the strait for just 60 days and then will discuss “maritime services” with Oman. Look for a fee for those “services.” The Strait was free and open for transit passage pre-war.

Really insightful article on the law of blockade and international law by the brilliant @becingber.bsky.social and @bcfinucane.bsky.social via @justsecurity.org Both have tremendous experience at State Department and deep academic expertise. 👇 www.justsecurity.org/142005/block...

"If the governing rules can be disregarded without explanation, confidence in the integrity and independence of the officer promotion system will inevitably and substantially erode." Thanks to @rgoodlaw.bsky.social and @justsecurity.org for the opportunity to write this piece.

Excited to share that has launched an #Environmental Law Concentration. With the Ted Turner Env. Law Clinic, @EmoryUniversity is among the best places in the country to study environmental law and policy. Join us! law.emory.edu/news-and-events/releases/2026/05/environmental-law-concentration.html

Citizens must be able to identify the government officials exercising authority over them. That foundational principle is now under sustained pressure. New @cnas.bsky.social commentary on militarization, immigration enforcement & the case for statutory reform. 🔗 www.cnas.org/publications...

Remarkable to read the November 2025 National Security Strategy today. Quotes: 1. "America’s historic reason for focusing on the Middle East will recede." 2. "America will ensure that the Strait of Hormuz remains open." 3. "Iran has been greatly weakened." Nonsense.

Posting via @justsecurity.org with @mblawrence.bsky.social “The Constitution’s Forgotten Term Limit on Military Power” www.justsecurity.org/136339/const...

Some key takeaways from new work with @marknevitt.bsky.social: 🚫Funding the military long term through reconciliation is unconstitutional 🚫Long-term military funding in OBBA is unconstitutional ❓Maybe ICE funding too 🚫Tapping the Judgment Fund for defense procurement contracts is unconstitutional

Thanks to @lsolum.bsky.social for highlighting “Reviving the Military’s Term Limit,” co-written with @mblawrence.bsky.social legaltheoryblog.com/2026/04/16/l... @jacklgoldsmith.bsky.social @curtbradley.bsky.social @rgoodlaw.bsky.social @bobbychesney.bsky.social @stevevladeck.bsky.social

In light of #Iran's mining the Strait of Hormuz - a reminder 1. Mining the Strait is unlawful. 2. Iran is obligated to remove mines, but cannot do so. 3. The U.S. is decommissioning its minesweepers (!) 4. NATO has minesweeping capability. @justsecurity.org justsecurity.org/133996/legal...

"Congressional Democrats aren’t guaranteed to win back committee gavels next Congress, but if they do, they will need to hit the ground running with an oversight agenda that accounts for the myriad ways the Trump administration will delay and stonewall their requests." 🔥 via @sarazdeb.bsky.social 👇

Cites to: @chrismirasola.bsky.social @jacklgoldsmith.bsky.social @mattwaxman.bsky.social @joshchafetz.bsky.social @becingber.bsky.social @stevevladeck.bsky.social @marydudziak.bsky.social @martylederman.bsky.social @casssunstein.bsky.social @sranderson.bsky.social @oonahathaway.bsky.social ⬇️

I transited the Strait of Hormuz on the USS Constellation. Even in peacetime, it was tense. Today, with #Iranian mines, Shaheed drones, and no U.S. minesweepers in theater — the situation is far bleaker than I first assessed. Via @justsecurity.org ⬇️ www.justsecurity.org/133996/legal...

New article in the Iowa Law Review - "When Climate Change Forces Flight: Legal Duties in the Age of Retreat." As climate disasters multiply, a once-unthinkable question is now urgent: when should we stop rebuilding and start retreating? @emorylaw.bsky.social ilr.law.uiowa.edu/sites/ilr.la...

Interested in the legal and operational issues in the #StraitofHormuz? I got you covered - via @justsecurity.org - draws on the work of @mikeschmitt.bsky.social @rgoodlaw.bsky.social @tessbridgeman.bsky.social and others. www.justsecurity.org/133996/legal...

Entering the chat to share that my article, Cooperative Oversight and the Separation of Powers, is forthcoming in the Emory Law Journal. Feedback welcome! Available for download @ssrn.bsky.social here: papers.ssrn.com/abstract=635...

Great article forthcoming @emorylawjournal.bsky.social on congressional oversight of the executive branch by @sarazdeb.bsky.social !

On Jan. 7, the Trump administration withdrew the U.S. from more than 60 international agreements and organizations, including the UNFCC. @marknevitt.bsky.social and Anissa Patel explore the legality of the president unilaterally terminating a Senate-ratified treaty.

An especially nice holiday video and message done by my colleagues at @emorylaw.bsky.social - well done! www.youtube.com/watch?v=Re7s...

Climate change is breaking homeowners insurance markets. Join us at #AALS2026 for a panel on the crises unfolding across the country — featuring Amy Bach, Jim Donelon, Kenneth Klein, and @marknevitt.bsky.social, moderated by @tpantin.bsky.social. 📅 Jan 6–9, New Orleans ➡️ am.aals.org/register/

I believe folks know the important work we're doing at @justsecurity.org, especially in these challenging times. But we made this short video as a reminder! We really need your support this #GivingTuesday. For tax-deductible gifts: justsecurity.org/donate/

🍂 PSA this Thanksgiving: Gas-powered leaf blowers are environmental disasters. Hour of gas blowing pollutes > a 3,900-mile car trip. My research for @theregreview.bsky.social in Martha Stewart Living @marthastewartt.bsky.social — because Martha knows better. www.marthastewart.com/leaf-blower-...

Helpful article in today's @nytimes.com highlights the legal authorities behind the 5 (!) domestic military deployments currently underway or pending in American cities. @cnas.bsky.social @brennancenter.org @lizagoitein.bsky.social @rgoodlaw.bsky.social www.nytimes.com/interactive/...

“The Caribbean Strikes and the Collapse of Legal Oversight in U.S. Military Operations” By @seharrison7.bsky.social and @marknevitt.bsky.social www.justsecurity.org/123172/carib...

Interested in the ways that the Caribbean (and Pacific) drug strikes are unlawful? @justsecurity.org has 15 Articles (!) from experts @becingber.bsky.social @bcfinucane.bsky.social @martylederman.bsky.social @seharrison7.bsky.social @mikeschmitt.bsky.social www.justsecurity.org/120753/colle...

Terrific to team up with @seharrison7.bsky.social on this and thanks to @rgoodlaw.bsky.social and @tessbridgeman.bsky.social for edits!

In light of Trump’s decision to send CA National Guard to Oregon, I’m re-upping this piece from @cnas.bsky.social on the troubling scenario of sending outside NG to another state against its will. While the statute is different, the core concern remains. www.cnas.org/publications... challenge

“Every morning, landscaping companies deploy these gigantic beasts across the city, strapped to workers’ backs like dystopian World War II-era flamethrowers. The enemies are Atlanta’s leaves, and the blowers are determined to disrupt Zoom calls, infants’ naps, and the tranquility of your home.”

Via @justsecurity.org on the drug vessel strike. "Labeling these groups . . . does not authorize the use of military force or trigger the military rules that apply in armed conflict." @bcfinucane.bsky.social @rgoodlaw.bsky.social @tessbridgeman.bsky.social www.justsecurity.org/119985/label...

Interesting footnote in Judge Breyer's decision on use of the military in California - Chief Bovino of Homeland Security criticized Army General Sherman for his reluctance to use the military in MacArthur Park, "questioning Sherman’s loyalty to the country." @brennancenter.org @justsecurity.org

Great analysis, as always via @josephanunn.bsky.social @sreynolds.bsky.social of the @brennancenter.org brain trust!

"The Trump administration is pursuing a maximalist legal approach in deploying the military . . . DC may well be a dry run for even greater reliance on the military to be deployed domestically." cc @stevevladeck.bsky.social @lizagoitein.bsky.social @chrismirasola.bsky.social

In light of WV #National Guard ordered to DC, I'm re-upping this Article via @cnas.bsky.social, calling for reform of a particular statute - 32 USC 502f that is being used as the *likely* legal basis for the deployment. @josephanunn.bsky.social @lizagoitein.bsky.social www.cnas.org/publications...

Join us in beautiful #Atlanta, Georgia!

@lizagoitein.bsky.social @josephanunn.bsky.social @stevevladeck.bsky.social and I have been arguing for reforming the #DC #National Guard, which is "outdated and dangerous." Re-upping two articles via @justsecurity.org: www.justsecurity.org/79971/2022-u... www.justsecurity.org/74098/why-d-...

If EPA repeals its endangerment finding, the basis for industry’s fervent wish to displace state climate litigation is gone. You CANNOT have it both ways. See: journals.library.wustl.edu/lawreview/ar...

Bob Percival and I wrote this in 2019 in the Washington University Law Review in anticipation of the endangerment finding going away.

Via @lawfaremedia.org some takeaways from the #Texas floods - - Improve #climate risk information - Invest in adaptation measures before disaster strikes - Resource the #CoastGuard and emergency first responders -Retreat when necessary -Fully Fund Science

Honored to be named as part of the @justsecurity.org Editorial Team. Extremely grateful to @rgoodlaw.bsky.social and the Just Security team for taking a chance on me over the years to get my thoughts out on climate change, national security, and use of the military domestically!