Archive - One First

November 2024

Bonus 110: The President's Prorogation Power

The President's (never-exercised) power to involuntarily adjourn Congress might be a lot narrower than it looks—especially if this Supreme Court is ever…

Nov 27 •

110. The Universal Service Fund and the Non-Delegation Doctrine

Friday's major new cert. grant raises the question whether the justices are poised to reinvigorate the non-delegation doctrine, or whether they're just…

Nov 25 •

Bonus 109: The Spring 2025 Emergency Docket

The second Trump administration's most controversial policy initiatives are likely to reach the Court quickly. The question will then become what…

Nov 21 •

109. Things Fall Apart

Some reflections on my disheartening exchange with Judge Jones at last Thursday's Federalist Society convention—and its ominous implications for the…

Nov 18 •

Bonus 108: "One First" Turns Two

To celebrate the newsletter's second anniversary, a brief reflection on why we started it; a preview of some coming attractions; and some thoughts on…

Nov 14 •

108. Recess Appointments and/in the Supreme Court

President-Elect Trump is already proposing to bypass a Republican-controlled Senate to install many of his nominees. But could he also do that to fill a…

Nov 11 •

Bonus 107: The Supreme Court in the Second Trump Administration

Standing up to President Trump in 2025 and 2026 is going to be a lot harder for the Court than it was in 2019 and 2020—and, the way things are going, a…

Nov 7 •

107. Presidents and Justices

On the eve of the presidential election, a brief reflection on the quirky and unpredictable math of Supreme Court appointments per presidential term

Nov 4 •

106. The Supreme Court and the 2024 Election, Part II

Wednesday's grant of emergency relief in the Virginia case epitomizes what's wrong with the "shadow docket"; the question now is whether we're in for a…

Nov 1 •

October 2024

Bonus 105: More "Administrative Stay" Shenanigans in Texas

A new emergency application in an immigration case provides an important opportunity for Justice Barrett to enforce her skepticism about open-ended…

Oct 31 •

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