The FCC ruling is the *fifth* reversal for the Fifth Circuit at #SCOTUS so far this term (out of six), with five more cases still to be decided. No other lower court has more than two reversals so far. Looking like we're heading for the third term in a row in which the Fifth Circuit "wins."

Weird to have a good day for administrative agencies at SCOTUS. Two solid opinions that do what you would expect? It’s mind-boggling.

The Supreme Court's third and FINAL decision is a great ruling reversing the 5th Circuit in FCC v. AT&T, holding that FCC forfeiture orders do NOT require a jury trial. Roberts writes, only Thomas dissents. This is good news for agency enforcement power. www.supremecourt.gov/opinions/25p...

Kyle Duncan, an ultra-partisan Trump appointee, authored the 5th Circuit decision that just got reversed. He also wrote the mifepristone stay that SCOTUS overwhelmingly blocked last month. I wonder if he's competing with his colleague Andrew Oldham to be the nation's most-reversed lower court judge?

My addition: This is awful news for those who write who aren't in the academy. I was able to share my work and hurl myself into conversations as a lawyer because of what I was able to do with SSRN. Professors have other outlets and networks. Those who are hoping to join them one day often do not.

Happy, the elephant, died last week at the Bronx Zoo. In 2022, NY's high court rejected a habeas petition on her behalf,  explaining that allowing nonhuman animals to seek habeas relief would “have an enormous destabilizing impact on modern society."

State supreme courts this month will take up whether Ohio cities can regulate vapes, Wyoming can freeze primary voters’ ability to switch parties, Delawareans under 21 can possess guns, and more, writes @skess108.bsky.social.

State courts are hearing a bunch of interesting oral arguments this month, covering everything from firearm laws, to cities' power to regulate tobacco, to the rights of transgender prisoners. Check out this round-up by @skess108.bsky.social. statecourtreport.org/our-work/ana...

For those who are considering going on the legal academic job market this fall, please keep me in mind as you put your materials together and finalize job talk papers this summer! I would be happy to look over these materials and provide suggestions, as well as to chat about the process!

I don't remember much from my driver's ed course, but one thing I do remember was that the point of traffic signs were to be legible even to illiterate people. Driving wasn't supposed to involve a literacy test. So, who cares if people speak English or not? ballsandstrikes.org/scotus/clare...

For those talking about the lack of food in ICE facilities, you should know that jails and prisons regularly starve people to death. This is not a rare occurrance. www.newyorker.com/magazine/202...

After 250 years, how successful has America been? Are Americans entirely free of the “injuries and usurpations” the Framers complained of? “A History of Repeated Injuries” is a new Cato book for America's 250th. Order your copy now! https://ow.ly/P9qw50Z5o55

A phenomenon I've noticed as well. My two cents (which I hope to expand on in at least one symposium piece this summer): Invocations of "common sense" acknowledge the exercise of a level of discretion that is otherwise undisclosed. The label is useful for its candor, but hints at a deeper concern.

Who could have guessed #ai #slop

This is my contribution to February's symposium on state constitutional law at Jacksonville University College of Law. @vanessazboreak.bsky.social and other folks there did a great job of hosting, and it was wonderful to see work by @yeargain.bsky.social, @carloschevere.bsky.social, and others!

the parallels to the fugitive slave crisis continue to intensify

A PhD student at Stanford noticed her classmates were asking Al to write their breakup texts. So she ran a study. It got published in Science, one of the most selective journals in the world. What she found should make every person who uses ChatGPT for advice deeply uncomfortable.

Thomas' dissent (which no one else joins) says the court should overrule all constitutional restrictions on the execution of mentally disabled people. www.supremecourt.gov/opinions/25p...

Sorry, Roberts and Gorsuch also dissent, along with Thomas and Alito (who authored the dissents). So this was a 5–4 DIG, with Barrett and Kavanaugh joining the three liberals. Must have been wild behind the scenes. www.supremecourt.gov/opinions/25p...

Wow, the Supreme Court's third and final decision is Hamm v. Smith, a case about the execution of mentally disabled people—but the court simply dismisses it as improvidently granted. Thomas and Alito dissent. Count this as a win—the 8th Amendment survives. www.supremecourt.gov/opinions/25p...

Minnesota Governor Tim Walz did something unusual in 2024: He appointed two justices with extensive experience as public defenders. They can each seek a full term this year.

“Why the Supreme Court’s voting rights ruling could play a big role at the local level” electionlawblog.org?p=156225

Section 2 of the Voting Rights Act broke down barriers to representation for Black voters in Southern states. After Louisiana v Callais, "you're going to see the white majority in these places reassert its primacy," @mcpli.bsky.social tells @npr.org n.pr/42CWKR0

Crushing caseloads for judges in New York translate to delays in justice. A proposed state constitutional amendment could fix the problem, write NYS Supreme Court Justice Andrea Masley and lawyer Fran Hoffinger.

"As the conflict in the Middle East grinds into its third month, catastrophe is unfolding across the world’s poorest, least stable countries. If hostilities continue beyond June, those confronting acute hunger will swell beyond 363 million people worldwide, an increase of 45 million"

These remarks feature most of Roberts’ usual talking points but one quote stood out to me—that justices are “not simply part of the political process.” At a minimum, constitutional interpretation is absolutely part of the *political* process & always has been. To say otherwise is deeply unserious.

Since writing this, I have committed to yet another symposium. AND YOU SHOULD TOO: app.scholasticahq.com/conversation... June 30 deadline!!

11th Circuit: Congress has not authorized the mass detention of unadmitted aliens who are simply present in the country under the INA. ROSENBAUM and MARCUS, majority. LAGOA dissents. media.ca11.uscourts.gov/opinions/pub...

We live in a time dominated by deeply unserious people making deeply unserious arguments in support of tragically serious results that serious people would have both avoided and known to avoid.

As the death toll reaches 190, it's time for another reminder that the boat strikes are unlawful under both international and domestic law--and they are a stain on our national conscience. For much more, take a look at this @justsecurity.org collection: www.justsecurity.org/120753/colle...

“Americans have to reacquaint themselves… with the idea that we, the people, make constitutional meaning. To the extent that the Supreme Court claims broad authority to say what our Constitution means, it is in large part because we have given this authority to them through our indifference.”

I've been waiting on an @ssrn.bsky.social security check page for several minutes now, and I'm starting to think I'm just not going to be able to see this paper. Linking it below for future reference. Hope to read it eventually. papers.ssrn.com/sol3/papers....

The final version of my article, "Requiring Written Bail Determinations" is now live! connecticutlawreview-law.media.uconn.edu/wp-content/u... I propose that all pretrial determinations that require defendants to post bail, or be held without bail, should be in writing.

Virginia Governor Abigail Spanberger endorsed a constitutional amendment to automatically restore voting rights to people with felony convictions when they leave prison. State lawmakers passed the amendment and it will now appear on the state ballot.

The United States now has the most government restrictions on academic freedom of any high-income country. www.chemistryworld.com/news/academi... Raw data from @vdeminstitute.bsky.social —> academic-freedom-index.net/research/Aca...

More than a dozen state courts have rejected the proposition that discrimination on the basis of pregnancy does not constitute sex discrimination, a departure from the U.S. Supreme Court, explains Prof. Martha Davis.

I understand the sophisticated academic argument that there’s been a partisan/ideological “realignment” on standing, but can we maybe indulge the possibility that the courts are just being inconsistent?

The ADL permanently sacrificed its reputation to get in good with a massively dangerous antisemite and white nationalist. They defended him and stood up for him even after his Nazi salute. Here's how he repays them. This is what happens when you think you're using bigots. They're always using you.

The death penalty should be abolished.

Among other things, the en banc majority cites the Supreme Court ruling that said plaintiffs didn't have standing to challenge the FDA's approval of abortion pill mifepristone (which reversed the 5th Circuit):

A divided 5th Circuit has rejected a challenge to Texas' novel immigration law (SB4), saying the plaintiffs don't have standing.

I am pleased to announce the publication of my article, “From Text to Oblivion: The Pedagogical Crisis of Constitutional Law in Puerto Rico.” This work reflects a deliberate commitment to critically examine the prevailing interpretive frameworks that shape constitutional law in 🇵🇷. The first of many.

This would neutralize the current congressional rider that prohibits D.C. from legalizing recreational marijuana sales, as the Congressional Research Service explained two years ago, because the rider is pegged to Schedule I substances, not weed specifically. www.congress.gov/crs-product/...

A recent U.S. district court decision offers lessons for states that are considering laws to ban ICE agents from wearing masks, writes @bridgetlavender.bsky.social.

The Hawaii Constitution is a leading model for environmental and cultural rights — and codifies the state motto that translates in English to that the life of the land "continues through righteousness or just acts."

Ever wonder how state judges are selected? Methods vary widely. Some are elected, some are appointed by governors or legislatures, some are nominated by commissions. Check out our handy explainer on how it all works:

Delighted that Steve could join to talk about the memos the NYT obtained - that show the behind-the-scenes goings on that went into SCOTUS staying the Clean Power Plan on the shadow docket 10 years ago. Tune in!!

"In the first major case in which the Court granted emergency relief as a means of shaping nationwide policy, it turns out that the justice who led the charge was the one who was doing quite a bit more than calling balls and strikes." Me on Saturday's @nytimes.com scoop in today's "One First":

We already know the outcome…