If you want some descriptive statistics of litigation in the federal courts, my co authored article providing them is out in JELS! doi.org/10.1111/jels...

Out today: The Fall of Affirmative Action, by Justin Driver www.amazon.com/Fall-Affirma...

The video from DeeksFest 2025 (the celebration of the wonderful Ashley Deeks's terrific recent book on national security AI) is up, with @daniellecitron.bsky.social hosting and comments from @martylederman.bsky.social @asaflubin.bsky.social and me. www.youtube.com/watch?v=exMW...

WATCH: Scholars discuss Vice Dean Ashley Deeks’ new book, “The Double Black Box: National Security, Artificial Intelligence, and the Struggle for Democratic Accountability.”

For folks who are wondering just how long #SCOTUS has had the power to behave the way it’s behaving on emergency applications (mostly since 1925), and whether the Court’s recent behavior is meaningfully different from, say, prior to 2015 (it sure is), you might find my book at least somewhat useful:

/1 Lower court judges interviewed for this article discuss their frustration with the Supreme Court's not having their back: www.nbcnews.com/politics/sup...

📢Call for papers for a Scholarship Roundtable on State and Local Governance, organized by @uwlawdemocracy.bsky.social and Professors Alexandra Klass, Nina Mendelson, and @chrisjwalker.bsky.social and taking place at @umichlaw.bsky.social, 4/10/26 in Ann Arbor! Details here: go.wisc.edu/rx53ph

Texas Law has a new academic fellowship program. Please share with any aspiring legal academics! (The first fellow started this summer and I can say the level of mentorship, support, and inclusion of fellows is exceptional)

Will Baude is always rewarding reading. Here on the unconstitutional birthright citizenship EO. blog.dividedargument.com/p/complicati...

We’re hiring! JS is seeking a full-time Editorial Assistant to support our democracy and rule of law initiatives and help advance our broader work and mission. Application deadline is September 15. Early applications are highly encouraged. Apply here: www.justsecurity.org/just-securit...

This conference in honor and memory of Fred Schauer is open to the public and will be held at @uvalaw.bsky.social on Sept. 11-12. The full schedule of panels and speakers is linked below. www.law.virginia.edu/event/rules-...

I guess it wasn't a ham sandwich. www.nytimes.com/2025/08/27/u...

Wise wise words of scholar studying deeply our structural constitution and separation of powers @payvandahdout.bsky.social. Great thread on the US v. Russell head scratcher of a litigation and insights on ruling.

Breaking news: A federal judge dismisses the Justice Department's lawsuit against all 15 of Maryland’s judges over their handling of deportations.

Reading the court's opinion in United States v. Russell -- interbranch litigation that the Executive initiated against the District of Maryland. Some thoughts on the opinion, which reaches the right result, sometimes on the right grounds and sometimes on incorrect ones. /1

Congratulations @jamellebouie.net!

How’s your media diet? Now more than ever, it’s challenging to know if we are consuming trustworthy or accurate information. We put together some guidance to help you evaluate your media diet. https://www.ifyoucankeepit.org/p/are-reporters-doing-a-good-job-covering

We've also debunked the examples used to claim presidents had this power before the Impoundment Control Act was passed. Read our deep dive into the historical record that makes clear OMB Director Russ Vought and Trump are wrong on the history and the law protectdemocracy.org/work/the-myt...

Seems like the right time to re-up this piece with @bridgetfahey.bsky.social, Layered Constitutionalism, which explains how constitutional structures interact in a system of dual sovereignty -- i.e., where states are not agents of the federal government -- papers.ssrn.com/sol3/papers....

The Board of Visitors has selected Prof. Paul G. Mahoney, a former #UVALaw dean, to serve as interim president of UVA.

#UVALaw reclaimed its No. 1 spot in Best Quality of Life and continues to top the list for Best Professors and Best Classroom Experience in The Princeton Review’s annual law school rankings.

The Protect Democracy is growing! We're hiring for multiple positions. Visit our website for more details about these and other open positions. protectdemocracy.org/jobs ⭐ Legislative & Policy Specialist ⭐ State Campaign Strategist ⭐ Major Gifts Officer ⭐ NC State Policy Advocate

How could #SCOTUS’ ruling on injunctions affect “judge shopping” for relief? Prof. @payvandahdout.bsky.social weighs in. @bloomberglaw.com

Well put @kateshaw.bsky.social www.nytimes.com/2025/07/01/o...

FOR HABEAS WONKS New from me at Penn LR Online - it's an important point I'm developing over time, but the more methodologically committed one becomes to original public meaning (OPM) method, the harder it is to maintain the conservative habeas project. 1/ pennlawreview.com/2025/06/24/o...

I DESPERATELY beg media in advance to not ever EVER report this without noting that the president doesn't have suspension power. The "Suspension Clause", which bars the suspension of habeas corpus except in times of "rebellion" and "invision", is in Article I, Clause 9, 1/

DC Bar president: Diane A. Seltzer Her opponent is Pam Bondi’s brother. Don’t let MAGA take over. Vote for Diane.

DC Bar Treasurer: Amanda C. Molina Her opponent is Ed Martin’s deputy. Don’t let MAGA take over. Vote for Amanda.

Gifting @jacklgoldsmith.bsky.social's piece in the NYT on the Presidency. Important to read and internalize. www.nytimes.com/2025/05/05/o...

Notice how this works. A year ago, the subhead here would have said “which is expressly forbidden by the constitution.” But Trump floats a crazy assertion and then WaPo retreats to saying “which most legal scholars say..” Stop he said/she saiding truth. It is expressly forbidden. Period.

Let me see you flip it! Spring 2025 Grilled Cheese Night was a huge success! #UVALaw #LawLibraries #GrilledCheese

Prof. Ashley Deeks, a national security law expert, will serve as #UVALaw’s next vice dean.

Today the Court is considering the constitutionality of religious charter schools. If you want to know more about how we got here, and about the political economy of school choice under the Religion Clauses, here’s a start: papers.ssrn.com/sol3/papers....

Profs. @amandafrost.bsky.social and @micahschwartzman.bsky.social ’05 examine the Trump administration’s deportations and higher ed policies. @nytimes.com

@daniellecitron.bsky.social and I have this in Virginia Law Review on Indiscriminate Data Surveillance: describes the private-public partnerships at work and argues that when Congress has been forced to act, it never has countenanced this sort of collection: papers.ssrn.com/sol3/papers....

Declaring a national emergency has become a way for the executive to bypass checks and balances. Congress must reform emergency powers to prevent abuse, @lizagoitein.bsky.social told CNN's Fareed Zakaria GPS. www.cnn.com/2025/04/27/p...

"The Executive may succeed for a time in weakening the courts, but over time history will script the tragic gap between what was and all that might have been, and law in time will sign its epitaph." - J. Wilkinson, Abrego Garcia v. Noem

As we watch the federal courts, you might ask whether the courts will take on the conflict w/the Executive. Although they usually don't, because of a practice I've called separation-of-powers avoidance, they do when a heartland judicial interest is at stake. papers.ssrn.com/sol3/papers....

1/🧵 Judges across ideological lines are ruling against Trump at strikingly similar rates (84% liberal, 86% centrist, 82% conservative). This isn't partisan opposition to Trump—it's the judiciary functioning as intended by cutting across partisan lines to uphold the Constitution.

if you just scan the headline — or if you’re just uncurious — you’ll think this is a “trump bad” piece but if you read it you’ll find that it is my attempt to explain what makes something “anti-constitutional” and why that is distinct from an “unconstitutional” act.

Bob Bauer on the Trump administration's attacks on law firms. open.substack.com/pub/executiv...

I could write up why there’s no constitutional problem with the President using an auto-pen to sign official documents—or I could just post the 30-page 2005 opinion by George W. Bush’s Office of Legal Counsel that explains why in lots of detail. I choose the latter: www.justice.gov/file/494411/...

[1/2] Dust off your CV? Are you a graduating law school student or recent alum applying for fellowships and looking for a partner organization? Our small, collegial team seeks expressions of interest for 2025-26 Postgraduate Legal Fellow positions. www.justsecurity.org/2025-26-post...

In my new piece for @theatlantic.com, I explain the structural constitutional claim implicit in Musk’s dramatic seizure of government data systems: Congress may have the power of the purse, but the President has the power of data. www.theatlantic.com/ideas/archiv...

Prof. @payvandahdout.bsky.social and retired U.S. Judge Thomas B. Griffith ’85 discuss how courts are shaping democracy in the second Trump administration.

Thank you @payvandahdout.bsky.social for letting us profile you!

What were TAP mentor and Associate Professor at the University of Virginia School of Law Payvand Ahdout's experiences entering the appellate field? Read more in our profile of her here: theappellateproject.org/payvand-ahdout #AppellateSky #SkyLaw #WomensHistoryMonth #MentoringMatters