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Bonus 165: The Appeasement Thesis
One defense of the Court's behavior on Trump-related emergency applications is that the justices are picking their battles. If so, the question becomes…
Jul 10
•
Steve Vladeck
142
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Bonus 165: The Appeasement Thesis
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Class is in Session: Class Actions with Steve Vladeck 📚
A recording from Steve Vladeck and Katie Phang's live video
Jul 7
•
Steve Vladeck
and
Katie Phang
256
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Class is in Session: Class Actions with Steve Vladeck 📚
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31:44
165. TikTok and the Dispensing Power
Attorney General Bondi's TikTok-related letters rest on a view of presidential power that has no support in even the most capacious understandings of…
Jul 7
•
Steve Vladeck
230
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165. TikTok and the Dispensing Power
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164. Justice Kagan's D.V.D. Concurrence
Thursday's denouement in the third-country removals case was not surprising. But the split between Justice Kagan and Justices Sotomayor and Jackson…
Jul 4
•
Steve Vladeck
251
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164. Justice Kagan's D.V.D. Concurrence
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Bonus 163: How (Not) To Count Supreme Court Rulings
As we enter the season of sweeping numerical claims about the Supreme Court's October 2024 Term, it's worth rehashing out the major flaws that are baked…
Jul 3
•
Steve Vladeck
81
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Bonus 163: How (Not) To Count Supreme Court Rulings
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9
June 2025
163. A New Kind of Judicial Supremacy
The Supreme Court closed the balance of the October 2024 Term with both actions and opinions that bespeak a new vision of how it exercises power—one…
Jun 30
•
Steve Vladeck
202
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163. A New Kind of Judicial Supremacy
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25
162. What Does the Birthright Citizenship Ruling Portend?
Friday's ruling in Trump v. CASA will fundamentally alter the relationship between federal courts and other government institutions. How much depends…
Jun 27
•
Steve Vladeck
328
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162. What Does the Birthright Citizenship Ruling Portend?
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Bonus 161: Why the Court Needs to Explain Itself
The continuing fallout from Monday afternoon’s ruling in the third-country removals case is an object lesson for why the justices should be providing…
Jun 26
•
Steve Vladeck
168
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Bonus 161: Why the Court Needs to Explain Itself
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161. The Court's Disastrous Ruling in the Third-Country Removal Case
The majority did not just greenlight an especially odious immigration policy without any explanation; it did so in a case in which the government defied…
Jun 23
•
Steve Vladeck
484
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161. The Court's Disastrous Ruling in the Third-Country Removal Case
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105
160. The Vices of Selectively Opening Courthouse Doors
There's a direct connection between the justices' willingness to open courthouse doors to certain litigants and a merits docket with so many culture-war…
Jun 23
•
Steve Vladeck
149
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160. The Vices of Selectively Opening Courthouse Doors
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159. The Posse Comitatus Act Meets the President's "Protective Power"
How to reconcile Article II and the Posse Comitatus Act with respect to President Trump's federalization of California National Guard troops and…
Jun 20
•
Steve Vladeck
and
Ryan Goodman
145
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159. The Posse Comitatus Act Meets the President's "Protective Power"
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Bonus 158: The Supreme Court and the Long-Term Drift of the War Powers
The common narrative is that Congress has ceded its constitutional control over war powers to the President. But the Supreme Court also bears some…
Jun 19
•
Steve Vladeck
125
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Bonus 158: The Supreme Court and the Long-Term Drift of the War Powers
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