This @rollingstone.com piece by @andrewlseidel.bsky.social is embarrassing. A judge must recuse from any case in which he actually participated, not from all cases involving *legal issues* on which he ever took a position as an attorney on behalf of a client.

Losing my ever-loving-mind watching the same people who were just clutching their pearls claiming censorship over mean emails from WH staffers to Twitter about COVID misinfo are now HAVING THE FCC CHAIR openly threaten broadcast licenses over a joke about the president AND THE BROADCASTERS CENSOR IT

I'm thrilled to have been named the Howard and Caroline Cayne Distinguished Professor of law here at WashU Law! I'm very grateful to the Law School, the University, and my Dean for their support.

www.insidehighered.com/news/faculty... The free speech crusade will continue until complete conformity and submission are achieved.

Case Viewer, my quirky side project of building my ideal legal search & reading app, has come a long way. With lots of help, it's grown into the best way to find & read cases on a Mac, iPhone, or iPad. Check it out or download on the App Store below. And follow @CaseViewerApp for updates!

I filed an amicus brief in Callais, this fall's blockbuster voting rights case. I make three arguments. First, the Fifteenth Amendment is the constitutional provision that bans racial discrimination in voting. Second, Shaw should be overturned. Finally, Section 2 of the VRA is constitutional.

The Divided Argument podcast had me on to talk about my new book *The Oldest Constitutional Question: Enumeration and Federal Power.* Very much enjoyed the conversation. Listen here: www.dividedargument.com/episodes/bed... @dividedargument.bsky.social @williambaude.bsky.social‬ @epps.bsky.social‬

NEW PAPER: "Justifying the Fourth Amendment," forthcoming in the Vanderbilt Law Review, now up on @ssrn.bsky.social: papers.ssrn.com/sol3/papers....

NEW EPISODE: "Originalism Hulk" It's fraud day as we dig into Kousis v. US and Thompson v. US! dividedargument.simplecast.com/episodes/ori...

Justice Sotomayor thinks that Justices have "earned" their seats, so even a constitutional amendment can't limit their tenure. Justiceships are guaranteed by pre-constitutional meta-due process? Surprisingly dumb view... (via @rickpildes.bsky.social) electionlawblog.org?p=151478

This paper provides a detailed analysis of how the U.S. Executive Branch interprets and practices constitutional #law. spkl.io/63323AHGX1#law@epps.bsky.social @conorclarke.bsky.social #LawSky

Spotted in the air above Salisbury beach, MA. This is not going away.

NEW ARTICLE on SSRN: "The Practice of Executive Constitutionalism," by me and @conorclarke.bsky.social, forthcoming in the Virginia Law Review. Check it out! papers.ssrn.com/sol3/papers....

Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue. My working draft is below, and comments are most welcome. papers.ssrn.com/sol3/papers....

10 year old has had an Apple watch for about 24 hours and has already mastered the art of the passive aggressive text

I’m very sad about the death of Richard Fallon, an amazing scholar, teacher, and person. He was my fed courts prof—one of my favorite classes ever. An unsolicited email from him complimenting my harmless error piece is one of the academic honors of which I’m proudest. A big loss.

I’m quoted in this @adamliptak.bsky.social @nytimes.com piece on unexplained SCOTUS orders (🎁 link): www.nytimes.com/2025/07/16/u...

"Divided Argument" with @epps.bsky.social and @williambaude.bsky.social is always a must-listen for SCOTUS nerds, and I thought this latest episode—focusing on Mahmoud and Paxton—was particularly interesting. Good stuff. dividedargument.com/episodes/did...

Law professors like to complain about grading exams and say it's the worst part of the job. This is incorrect. Grading is not that bad. The most painful part, by far, is having to revise your own papers.

Join me at @scotusblog.com, where I'll be live-blogging today's opinion hand-down starting in about 30 minutes! www.scotusblog.com/2025/06/anno...

I’m sure some of Trump’s judicial nominees believe Trump’s lies about election fraud. But many know that Biden won and are just engaging in this charade to avoid having their nominations pulled by Trump. It’s shameful. No federal judgeship is worth this.

Interesting, from @jadler1969.bsky.social . My very impressionistic sense is that Barrett may be the most *persuadable* among the conservatives, which is different from “aligns with progressives most often,” and which would make her closer to a swing in the O’Connor mode rather than Kennedy.

Really fun talking about my book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration with @epps.bsky.social and @williambaude.bsky.social on @dividedargument.bsky.social dividedargument.com/episodes/gor...

A characteristically thoughtful response to the Supreme Court argument over nationwide injunctions in the Birthright Citizenship case by Mila Sohoni. blog.dividedargument.com/p/guest-post...

My latest on the @dividedargument.bsky.social blog: "Trump 2.0 and the Supreme Court Reform Debate" open.substack.com/pub/divideda...

Because @williambaude.bsky.social hates my SCOTUS muppets, loyal @dividedargument.bsky.social listener and muppet-fan Tony Derron made this delightful likeness of us:

I'm pleased to be quoted in this @nytimes.com piece asking 35 legal scholars about the most lawless things Trump has done in the first 100 days: www.nytimes.com/2025/04/28/o...

Executive Functions Roundup: a win for Voice of America, another injunction against Alien Enemies Act removals, more resignations flowing from the Eric Adams case, and commentary from Bob Bauer, @jacklgoldsmith.bsky.social, and @epps.bsky.social. executivefunctions.substack.com/p/executive-...

My latest in the @dividedargument.bsky.social blog, riffing on a footnote in JHW's Abrego Garcia opinion: blog.dividedargument.com/p/in-the-tru...

NEW EPISODE: “Vaxxed and Relaxed” We discuss FDA v. Wages & White Lion, follow up on Abrego Garcia, respond to tough feedback, and more! dividedargument.simplecast.com/episodes/vax...

So… @williambaude.bsky.social and I are extending the @dividedargument.bsky.social brand to a new medium: a blog/substack with a bigger stable of contributors. My first post, with reactions to the Smith & Wesson oral argument, is up! blog.dividedargument.com/p/reactions-...

Shout out to @dividedargument.bsky.social for the Supreme Court podcast’s funniest moment ever, in which @williambaude.bsky.social and @epps.bsky.social note SCOTUS’s recent peak shadow docket opinion, in which the Court did nothing for no reason, and it was still 5-4

NEW EPISODE: "Natural Side Effect" We take a deep dive into Glossip v. Oklahoma, discuss the new Trump Administration's first shadow docket adventure, ponder some interesting opinions from the orders list, and more. dividedargument.simplecast.com/episodes/nat...

Thrilled to have made this (admittedly, misleadingly titled) citation ranking list: papers.ssrn.com/sol3/papers....

Happy to announce 2 papers in the law review pipeline: "The Practice of Executive Constitutionalism" (w/ Conor Clarke) will be published in the Virginia Law Review. "Justifying the Fourth Amendment" will be published in the Vanderbilt Law Review. (neither is quite SSRN-ready yet—but soon!)

I dug into the only US source cited by Randy Barnett & Ilan Wurman for their theory - against birthright citizenship - in @nytimes @nytopinion: Edward Bates in 1862. He doubly contradicted their argument: "Birthright Citizenship: The Bates Backfire" shugerblogcom.wordpress.com/2025/02/16/b...

NEW PAPER: It's the 100th Anniversary of the Judiciary Act of 1925—a perfect day to drop my and @marinklevy.bsky.social's "Judicial Reform from the Inside Out," prepared for ND L. Rev.'s great symposium on that anniversary. Check it out: papers.ssrn.com/sol3/papers....

SLS ConLaw hosted the @dividedargument.bsky.social podcast live recording today with @williambaude.bsky.social and @epps.bsky.social along with additional panelist Professor @orinkerr.bsky.social. Keep an eye out for the episode to drop on their podcast page: stanford.io/4jEwKMr

Join the Stanford Constitutional Law Center on Jan. 28 at 12:45pm for a live recording of the @dividedargument.bsky.social podcast with @williambaude.bsky.social and @epps.bsky.social as they break down some recent developments on the Court’s docket and more. RSVP: law.stanford.edu/event/live-p...

With today’s swearing-in, Chief Justice John Roberts improves to 4-1 (80%) in successful Presidential Oath administrations.

NEW EPISODE: "Reference Check" We provide unpredictably hot takes on the TikTok case, break down Royal Canin, and discover an opinion revision in real time. Most importantly, the listeners help Dan collect on an unwise bet by Will. dividedargument.simplecast.com/episodes/ref...

he Court already revised the TikTok opinion to change the jurisdictional line. It originally said "On Applications for Injunction" and now says "Certiorari to." Odd.

Also, Divided Argument is on Bluesky: @dividedargument.bsky.social

The semester got away from me and @williambaude.bsky.social, but better late than never.

SURPRISE! New episode of Divided Argument: https://buff.ly/3VIsb9x

NEW EPISODE (finally!): "Aide-de-camp" After saying sorry not sorry for our accidental hiatus, we discuss @epps.bsky.social's wild FedSoc panel, the Court's recent DIGs, other shadow docket activity, what the election might mean for the Court, + more! dividedargument.simplecast.com/episodes/aid...

What 2L law review editor did this

This is well worth reading. As someone who was on this panel, I largely agree with what Steve says.

Judge Edith Jones launched an acrimonious and unfair attack against @stevevladeck.bsky.social on a panel today at the Federalist Society convention that went entirely against the spirit of civil, fair-minded debate. Steve acquitted himself well, but it's sad to see. www.youtube.com/watch?v=-DBl...

Although it was quite unpleasant in real time, I would do it again. The whole spectacle only vindicated my argument (and Steve’s).