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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…
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Steve Vladeck
60
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…
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Steve Vladeck
42
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…
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Steve Vladeck
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…
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Steve Vladeck
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…
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Steve Vladeck
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…
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Steve Vladeck
21
183. The Missing Defenses of the Court's Behavior
Rather than knocking down straw men or attacking their critics, the justices (and their defenders) would do well to explain why the sharpest criticisms…
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Steve Vladeck
56
Bonus 182: Damages as a (Missing) Deterrent
It's worth reflecting on how different things might look right now if federal officers—or the federal government itself—faced a meaningful specter of…
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Steve Vladeck
28
182. Closing the Book on OT2024
As the October 2025 Term officially begins, it's worth taking a moment to highlight the record-setting—and revealing—final statistics for how the…
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Steve Vladeck
15
181. Courts and Domestic Use of the Military
In response to adverse judicial rulings, the President's advisers and supporters are claiming courts lack the power to halt domestic use of the…
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Steve Vladeck
26
Bonus 180: "Domestic Terrorism" and NSPM-7
The Trump administration is hoping no one notices that, although federal law *defines* "domestic terrorism," it provides no special authorities against…
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Steve Vladeck
28

September 2025

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