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Bonus 256: The Original “First” Amendment
In 1789, Congress submitted *twelve* amendments to the states. The only one that was never adopted would have (for a time) grown the House in proportion…
 • Steve Vladeck
256. So Unexplained: Justice Alito’s Non-Responsive Emergency Docket Defense
Justice Alito‘s new book purports to answer the Court’s shadow docket critics—by rebutting a caricature and by ignoring the ways in which his own…
 • Steve Vladeck
255. Closing the Book on OT2025
As the October 2026 Term officially begins, it's worth taking a moment to highlight the *real* final statistics for the Supreme Court’s output during…
 • Steve Vladeck
254. Four Things That (Really) Bother Me About “D.V.D. III”
“Third-country removals” raise a host of difficult procedural and substantive questions. The Supreme Court should have answered those questions *before…
 • Steve Vladeck

September 2026

253. Introducing “The Court We Need”
Due out May 4, 2027, my second book about the Supreme Court offers a more nuanced diagnosis of exactly what’s wrong with the Court—and how (and why) we…
 • Steve Vladeck
Bonus 252: TROs vs. Preliminary Injunctions
The Eighth Circuit’s shenanigans in the Missouri redistricting case are a good excuse to reflect on the (collapsing) distinctions between the two most…
 • Steve Vladeck
The Missouri Mess: Live with Cristian Farias and Steve Vladeck
The Eighth Circuit’s Monday night ruling in the Missouri redistricting case isn’t long for this world, but it’s still quite a mess. Cristian Farias and…
 • Steve Vladeck and Cristian Farias
18:31
252. The Eighth Circuit’s Missouri Redistricting Mishegas
The Eighth Circuit’s attempt to put Missouri’s 2025 congressional map back into effect will fail. It’s also yet another example of the mischief the…
 • Steve Vladeck
251. Newsgathering, the First Amendment, and the White House
The Court hasn’t drawn bright constitutional lines with regard to press freedom, but President Trump’s viewpoint-based exclusion of three outlets from…
 • Steve Vladeck
Bonus 250: Reining in Military Jurisdiction
A lot of my scholarship, and an increasing amount of my litigation work, has centered on the jurisdiction of military courts—and my (minority?) view…
 • Steve Vladeck
250. What We Learned from USPS v. California
In refusing to put the USPS mail-in ballots rule into effect, the majority didn’t say very much. I still think there are (at least) three important…
 • Steve Vladeck
Live with Steve Vladeck on the Supreme Court USPS opinion
A recording from Steve Vladeck and Harry Litman's live video
 • Steve Vladeck and Harry Litman
29:25
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