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190. SNAP WTF?
A very quick explainer on why Justice Jackson issued an "administrative stay" in the SNAP case late on Friday night, and on what's likely to happen next
Nov 8
•
Steve Vladeck
1,490
197
189. The Breezy Inequity of Trump v. Orr
The Supreme Court's latest grant of emergency relief to the Trump administration illustrates in technicolor the direct (and ugly) consequences of the…
Nov 7
•
Steve Vladeck
289
93
188. Five Questions About "Extrajudicial Killings"
There is no obvious legal argument to support President Trump's expanding campaign of strikes against alleged drug boats in the Caribbean Sea and…
Nov 6
•
Steve Vladeck
276
44
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
131
21
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
184
26
October 2025
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
159
88
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
246
44
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
264
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
158
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
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…
Oct 13
•
Steve Vladeck
287
56
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