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Bonus 187: Previewing the Tariffs Cases
The Solicitor General's substantive defenses of President Trump's tariffs are remarkably weak, but there's still a reason why *these* were the first…
Nov 4
•
Steve Vladeck
118
19
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187. "Regular Forces" and the Insurrection Act
The supplemental briefing order in the Illinois National Guard case provides an obvious way for the Court to block President Trump's deployments to…
Nov 3
•
Steve Vladeck
175
26
Bonus 186: Me on the OT2024 Trump Cases
In a new paper, I argue that the justices' behavior in Trump-related emergency applications can best be viewed as protecting the Court's supremacy, as…
Oct 30
•
Steve Vladeck
157
77
186. When Can States Prosecute Federal Officers?
Stephen Miller claims that ICE officers have "immunity" for anything they do while enforcing immigration law. Even as an argument about *state* criminal…
Oct 27
•
Steve Vladeck
243
43
185. The State of Play in the National Guard Cases
It's hard to keep track of the whirlwind of litigation surrounding President Trump's unprecedented deployments of federalized National Guard troops…
Oct 23
•
Steve Vladeck
262
49
Bonus 184: The Costs of a Quiescent Congress
Many Supreme Court decisions limiting judicial review have held out the existence of political checks as a viable alternative. Each day brings new…
Oct 23
•
Steve Vladeck
156
29
184. The Massive Stakes of Trump v. Illinois
The Trump administration's 29th emergency application—to let it deploy federalized National Guard troops in Chicago on a profoundly dubious factual…
Oct 20
•
Steve Vladeck
264
35
Bonus 183: Martin v. Mott
The Trump administration claims Justice Story's 1827 ruling establishes the President's unreviewable power to decide when domestic use of the military…
Oct 16
•
Steve Vladeck
140
21
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