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219. Drunks, Lampposts, and the Birthright Citizenship Case
Efforts to backfill academic support for the birthright citizenship executive order wouldn't have been possible without a Court open to such…
Apr 6
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Steve Vladeck
262
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Bonus 218: Birthright Citizenship and the Cassandra Problem
President Trump's attempt to limit birthright citizenship may well be doomed. But that doesn't come *close* to disproving the concerns the Democratic…
Apr 2
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Steve Vladeck
224
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218. Qualified Immunity and the Shadow Docket
The Supreme Court's ruling in Zorn v. Linton illustrates the pathologies of both its current approach to qualified immunity doctrine and its willingness…
Mar 30
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Steve Vladeck
203
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Bonus 217: The Day the Supreme Court Wasn't Supreme
In 1944, Congress enacted a statute effectively giving a specific Second Circuit panel the "final and conclusive" power to resolve a landmark antitrust…
Mar 26
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Steve Vladeck
148
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217. The Virtues and Vices of "Certiorari Before Judgment"
The Supreme Court is granting certiorari "before judgment" more than ever before. That may be better than the alternatives, but is it healthy in the…
Mar 23
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Steve Vladeck
177
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Bonus 216: Shadow Docket Shadowboxing
Justice Barrett's Mirabelli concurrence is the latest example of attempts to defend the Court's behavior on emergency applications that don't…
Mar 19
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Steve Vladeck
175
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216. Taking the TPS Cases Seriously
Two emergency applications seeking to put especially cruel Trump administration immigration policies back into effect are a referendum on the judicial…
Mar 16
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Steve Vladeck
249
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Bonus 215: How I Write the Newsletter
I've received a number of questions from readers about the process involved in how I write—and decide what to write about in—the newsletter. This week's…
Mar 12
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Steve Vladeck
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