Sitemap - 2025 - One First
Bonus 187: Previewing the Tariffs Cases
187. "Regular Forces" and the Insurrection Act
Bonus 186: Me on the OT2024 Trump Cases
186. When Can States Prosecute Federal Officers?
185. The State of Play in the National Guard Cases
Bonus 184: The Costs of a Quiescent Congress
184. The Massive Stakes of Trump v. Illinois
183. The Missing Defenses of the Court's Behavior
Bonus 182: Damages as a (Missing) Deterrent
182. Closing the Book on OT2024
181. Courts and Domestic Use of the Military
Bonus 180: "Domestic Terrorism" and NSPM-7
180. The Roberts Court Turns Twenty
Bonus 179: The Stare Decisis-Free Docket
179. Whither the Birthright Citizenship Cases?
Bonus 178: The Continuing Growth of "Administrative" Stays
Bonus 177: A Closer Look at Justice Kavanaugh's ICE Raids Opinion
177. The (Not-So-)Interim Docket
Bonus 176: Law, Lawlessness, and Doomerism
175. Tariffs, TPS, and the OT2025 Trump Docket
Bonus 174: Playing the Justices for Fools
174. Justice Gorsuch's Attack on Lower Courts
Bonus 173: The Election of 1864
173. Justice Kavanaugh and the Equities
Bonus 172: Legal Pedagogy and the Dual State
Bonus 171: Circuit Riding and the Antebellum Court
171. Partisan Gerrymandering After Rucho
Bonus 170: Whose Judicial Overreach?
170. DOJ's (Ridiculous) Misconduct Complaint Against Chief Judge Boasberg
169. Emergency Orders as Precedents
Bonus 168: Appointing (and Removing) U.S. Attorneys
168. The Cambodia Bombing Case
Bonus 167: The Case for Not Writing
167. The Inconsistent Court Strikes Again
166. Medina, 42 U.S.C. § 1983, and the Spending Clause
Bonus 165: The Appeasement Thesis
Class is in Session: Class Actions with Steve Vladeck 📚
165. TikTok and the Dispensing Power
164. Justice Kagan's D.V.D. Concurrence
Bonus 163: How (Not) To Count Supreme Court Rulings
163. A New Kind of Judicial Supremacy
162. What Does the Birthright Citizenship Ruling Portend?
Bonus 161: Why the Court Needs to Explain Itself
161. The Court's Disastrous Ruling in the Third-Country Removal Case
160. The Vices of Selectively Opening Courthouse Doors
159. The Posse Comitatus Act Meets the President's "Protective Power"
Bonus 158: The Supreme Court and the Long-Term Drift of the War Powers
158. The Court's Unanimity is Greatly Exaggerated
Bonus 157: Why the Supreme Court Keeps Granting Stays to President Trump
157. A Busy (and Glitchy) Week
156. Federalizing the California National Guard
Bonus 155: The Six-Hour Settlement
155. What District Court Critics Aren't Telling You
154. The Government's Unclean Hands in D.V.D.
Bonus 152: Judge Ho, Due Process, and "Disrespect"
152. Non-Party Relief and Judicial Supremacy
151. The Supreme Court's (Alien Enemies Act) Patience is Wearing Thin
Bonus 150: A Tale of Two (Other) Immigration Cases
150. The State of Play in the Alien Enemy Act Litigation
Archived Video: Substack Live with Leah Litman, Author of "Lawless"
149. David Hackett Souter (1939–2025)
Bonus 147: Shell Games and Nationwide Injunctions
147. The Increasingly Overloaded Emergency Docket
Bonus 146: Trump vs. the Law Firms
The Courts and Trump: A Live Conversation with Adam Klasfeld and Steve Vladeck
146. Denaturalization and Expatriation
Bonus 145: How (We Think) Emergency Applications Work
145. Justice Alito's Misbegotten Dissent in A.A.R.P.
144. The Supreme Court's Late-Night Alien Enemy Act Intervention
Bonus 143: Private Special Prosecutors and Criminal Contempt of Court
143. The State of Play in the Abrego Garcia Case
142. Five Questions About Domestic Use of the Military
141. Abrego Garcia and the Presumption of Regularity
Bonus 140: The New (and Sort-of-Improved?) Shadow Docket
140. The Disturbing Myopia of Trump v. J.G.G.
139. Tariffs, Non-Delegation, and the Major Questions Doctrine
138. Abrego Garcia, Constructive Custody, and Federal Judicial Power
137. Three (Quick) Reactions to the Education Grants Ruling
Bonus 136: Nationwide Injunctions vs. Nationwide Class Actions
136. Setting the Record Straight on the Anti-Trump Injunctions
135. The Trump Reckoning Reaches the Court
Bonus 134: What Executive Orders Can (and Can't) Do
134. The Attempted Assassination of Justice Field
Bonus 133: Due Process and the Rule of Law
133. Birthright Citizenship (Sort of) Reaches the Court
132. Five Questions About Trump's Alien Enemy Act Proclamation
Bonus 131: Introducing "First One"
131. Five Questions About the Khalil Case
130. The Trump Administration Goes After Bivens
Bonus 129: What Really Happened in Worcester v. Georgia?
129. Untangling the Foreign Aid Ruling
128. Impeaching Federal Judges
127. Chief Justice Roberts's Administrative Stay in the Foreign Aid Funding Cases
Bonus 126: [Chill] All the Lawyers
126. The "Fixed Star in Our Constitutional Constellation"
Bonus 125: The Federal Reserve and the Unitary Executive
125. The Court's First Trump II Case Won't Be a Bellwether
124. The Thursday Night Massacre(s)
Bonus 123: The Judges' Bill Turns 100
123. What Vice President Vance Did—and Didn't—Say About Judicial Power
122. Contempt of the Supreme Court
Bonus 121: The Unitary Executive Runs Amok
121. Spending, Coercion, and Commandeering
Bonus 120: Trump's Guantánamo Memo
120. The Impoundment Crisis of 2025
119. The Federal Government as a Party
Bonus 118: On the Credibility of the Department of Justice
118. The Chief Justice and the Inauguration
Bonus 117: Opinions vs. Judgments
117. Judge Cannon and the Special Counsel's Report
116. The Corporate Transparency Act and Nationwide Injunctions