Adventures in labeling. All on one can: “NO SUGAR” Ok, Sugar But really there is no sugar

The new tariff challenge in now heading up on appeal to the Federal Circuit. www.orrick.com/en/insights/...

Not only that: The interpretation would also invalidate executive and judicial appointments made during the Biden Administration. Nullify two years of Democratic control of the Presidency and Congress with “one neat trick”

Other than discovering that I’m apparently John Oliver’s son, @lastweektonight.com’s deep dive into the shadow docket is really quite good: www.youtube.com/watch?v=qKeq...

Random thoughts from recent travels (part II) — Almost every trip, I see travels taking call (on ear buds) in the bathroom/while using the bathroom. Why does anyone think that is ok?

Random thoughts from recent travels — At a nice hotel in Florida, I found dirty clothes in the drawers. (They hotel moved me to another room). I mentioned to a colleague and he said he had never opened a drawer at a hotel. Never!! Is that common?

So great to be able to read Barry Svrluga—one of the best sports writers in the country—again. www.nytimes.com/athletic/726...

Good news! The Supreme Court (after rescheduling it 10 times!) denies cert in Littlejohn. Parents of a middle school student sought cert., arguing that their substantive due process parental rights were not sufficiently respected when their child requested to use a different name and pronouns.

😂

Now quoted in Above The Law!! abovethelaw.com/2026/04/prom...

This is a truly astonishing set of facts. Just unbelievable. ecf.ca8.uscourts.gov/opndir/26/04...

I knew something was up when I saw Kannon enter his name into the appellate transfer portal

4th Cir. revives an excessive force claim from inmate who, then-pro se, left a defendant out of the caption of his court-provided form filing, but included him in the body of the complaint. A win for Duke University School of Law appellate litigation clinic! www.ca4.uscourts.gov/opinions/247...

For any real baseball fans out there, I highly recommend Jeff Passan's new podcast/YouTube show. His first episodes are just amazing, sitting down in episode 1 with Skenes & Skubal, and in episode 2 w/the 2025 World Series managers. www.youtube.com/watch?v=ARrV... www.youtube.com/watch?v=l_kW...

The pink flamingoes really make this even better.

Judge Amy Berman Jackson rules for @waba.org in its challenge to the Trump Administration's decision to do away with some of the key bike lanes in DC. Opinion here: ecf.dcd.uscourts.gov/cgi-bin/show...

As seen in Takoma DC

Petition for Bob to post more. Who will second?

The First Circuit in Boston has amazing views.

The First Circuit judges were very engaged during yesterday’s en banc argument. www.ca1.uscourts.gov/sites/ca1/fi... With yesterday’s argument, I have now argued en banc cases in six different federal circuits (the 1st, 6th, 7th, 9th, Fed., and DC Circuits; also second-chaired a 2d Circuit one).

Not great customer relations by the @nationals.com cc @natschatpodcast.bsky.social @markzuckerman.bsky.social @spencernusbaum.bsky.social @andrewgolden.bsky.social

Congratulations to Josh Rosenkranz and the whole Orrick team on this huge $1B Supreme Court victory for Cox!

Here is the latest order. This combined with the govt declaration, saying that they needed 45 days to get the process in place, suggests that we will at least waiting for 45 days before any processing of refunds begins. Appeals could potentially cause further delay.

Here is the ITC's latest ruling in the tariff matter: storage.courtlistener.com/recap/gov.us...

“Realigned: Standing and Substantive Due Process” This post comments on SCOTUS’s decision this week in Mirabelli v. Bonta. blog.dividedargument.com/p/realigned-...

This isn't my field of expertise, but I agree with @jaywillis.net that it looks like the SG initially decided to spend his limited chips on less hopeless cases, and I believe @bobloeb.bsky.social (who does have expertise here) that the AG or president must have overruled the SG.

The Solicitor General must have approved the prior filing; so this seems like a case of the AG or White House overruling the SG.

Well, Nats fans, I’m sticking around. Thrilled to announce that I’m joining the @theathletic.com as the Washington Nationals beat reporter. I’m amped about our plans for the beat, and believe you will be, too. www.nytco.com/press/the-at...

Nice highlighting of our DC Circuit win for Next Decade. www.law360.com/articles/242...

How many billions of dollars in tariff debt did U.S. taxpayers (potentially) incur as certain justices debated the finer points of the major questions doctrine and the English common law of corporations?

"IEEPA does not authorize the President to impose tariffs. The judgment in No. 24–1287 is vacated, and the case is remanded with instructions to dismiss for lack of jurisdiction; the judgment in No. 25–250 is affirmed." www.supremecourt.gov/opinions/25p...

Nice shoutout to my Orrick partners in today’s Litigators of the Week column.

SCOTUS opinions expected today. Will we finally see a tariff opinion? Monday, I will be in Court (with Paul Clement who is arguing) in the cruise line Helms Burton Act case. There could be more opinions issued on Monday as well.

This from the @theathletic.com. It must have been a very lonely @dukemensbasketball.bsky.social game at Cameron against Indiana State with one fan, and a very tight crowd there on 12/2 with 93,141 fans. ;)

Given today's pangrams, the @nytimes.com Spelling Bee editor seems to be in a pre-Valentine's Day funk. Someone should check on Sam Ezersky.

Justice Jackson being asked about the tariff case this morning on CBS Morning www.cbs.com/shows/video/... The relevant portion is at 3:50 I am very surprised she doesn't just say that is a pending case and I cannot discuss it.

Quote of the week in the SCOTUSBlog newsletter today goes back a few years to a moment I remember. www.scotusblog.com/2026/02/scot...

Happy to report that Orrick appellate associate Katherine Munyan obtained a big en banc win for her client (and all immigrants who are doing their good faith best to attend their immigration hearings on time). Congrats to Katie & the Orrick team. cdn.ca9.uscourts.gov/datastore/op...

Sally Jenkins (@sallyjenx.bsky.social) remains one of the best writers out there. I appreciate her reminding us of the prior greatness of the Washington Post, which is now been destroyed by its current ownership/management. www.theatlantic.com/culture/2026...

Former Orrick appellate associate, Hannah Garden-Monheit, who went on to work at the FTC and the White House, co-authored this very interesting report: "Building a More Effective, Responsive Government Lessons Learned from the Biden-Harris Administration." rooseveltinstitute.org/wp-content/u...

By the great By Ashley Parker (formally of the Washington Post) www.theatlantic.com/politics/202...

@capitalweather.bsky.social 5.5 right now (8:30) in North Bethesda