Just posted a new essay with @williambaude.bsky.social and Sam Bray - "Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review). papers.ssrn.com/sol3/papers....

ca. 250 years go we began a domestic war to define what North America would become. Ken Burns on the Revolution that is still ongoing. Honored (and still pretty surprised) to have contributed. m.youtube.com/watch?v=lruE...

Every Supreme Court Justice should have to have a phone like this.

Totenberg: Justice Kennedy has written “a very interesting book” forthcoming Oct 14. @ninatotenberg.bsky.social

In light of the Admin asking SCOTUS to end birthright citizenship, I am sharing the updated version of my forthcoming article, "Birthright Citizenship, Denaturalization, and the Specter of Statelessness." (Still in progress. Comments still welcome.) papers.ssrn.com/sol3/papers....

You would think this move by Texas Tech would be blatantly unconstitutional bc it intrudes so much on academic freedom, which SCOTUS has insisted is a "special concern of the First Amendment." But you would be wrong 🧵https://www.nytimes.com/2025/09/26/us/politics/texas-tech-gender.html

Now up on SSRN with a revised abstract. Still very much a work in progress, hopefully coming to an online law review soon? papers.ssrn.com/sol3/papers.... I added in some info abt the DDC suit filed yesterday, which in my view suggests a broader practice & further supports distinguishing Lyons.

My article, "Statutory Liquidation," is now in final form. Check it out on SSRN: papers.ssrn.com/sol3/papers.... Or at the Administrative Law Review website: administrativelawreview.org/volume-77-is... Thank you to the many who helped improve it!

This piece by Robert Post is excellent. I especially like that he traces the Trump Administration's authoritarian trampling on the First Amendment to, in part, the Roberts Court's extreme unitary executive theory. verfassungsblog.de/turn-against...

Lakier on Carr and jawboning: blog.dividedargument.com/p/did-brenda...

Link: papers.ssrn.com/sol3/papers....

It was a remarkable debate during arguments on DOGE's access to Social Security data, as the judges weighed whether the high court had made them irrelevant and how they're supposed to fulfill their constitutional roles in this context. www.politico.com/news/2025/09...

Today's bonus "One First" goes deep into Justice Kavanaugh's concurrence in the ICE roving patrols case: "If this is the kind of analysis that’s driving the justices’ votes in the other Trump-related cases, perhaps it really is understandable why the Court is so often declining to explain itself."

On the blog, I critique Justice Kavanaugh's attempt to justify Monday's emergency docket ruling greenlighting racial profiling in Los Angeles. He's wrong about everything: standing; the 4th Amendment; the balance of harms; and his suggestion that damages lawsuits are available. 👇

Sometime this week the U.S. Marshals Service quietly published the latest numbers on threats against judges:

My new paper, The Crisis of Appropriations Law. Very much a draft -- and perhaps a little too timely. papers.ssrn.com/sol3/papers....

Here's my take on the Supreme Court's order today in the Los Angeles immigration enforcement case. A deep dive for the law nerds, now up at Volokh. reason.com/volokh/2025/...

Today on the blog, I discuss the jurisdictional issue in last week's ruling for Harvard. As Judge Burroughs admitted, she might be reversed, but only because SCOTUS is playing "Calvinball" to ensure Trump victories. She was nonetheless right to follow the law as it is and not obey in advance. 👇

Download of the Week: "Deepfake Torts" by Kadri & West,, buff.ly/mHVqTbJ - The Download of the Week is Deepfake Torts: Emerging Tort Frameworks in U.S. Deepfake Regulation by Thomas Kadri & Sonja West.

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)

Legal Theory Bookworm: "The Changing Constitution" by Fallon, buff.ly/bMYBMpX - The Legal Theory Bookworm recommends The Changing Constitution: Constitutional Law in the Trump-Era Supreme Court on SSRN.

At long last, I have posted a draft of my article, "Systems of Law." It is, as we used to say, all that and a bag of chips.* * bag of chips not included. papers.ssrn.com/sol3/papers....

Officially, this is a chat about enumerated powers. In practice, though, it’s a deep exploration of constitutional method and meaning.

Call for papers for the best constitutional law conference every year is now out! Please circulate widely & consider sending us your paper/lightning round proposals. Tucson is incredible this time of the year, and we have amazing confirmed commentators already lined up 🌵🌵

In “Infrastructure Equality,” Professor @deborahnarcher.bsky.social and I explore how racial inequality in the US is closely linked to unequal access to infrastructure—and how the legal system can help address it. Now published in Northwestern University Law Review papers.ssrn.com/sol3/papers....

Will Baude @williambaude.bsky.social weighs in open.substack.com/pub/divideda...

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.

DeGirolami on Girgis on Originalism, buff.ly/tuLj0ph - Marc O. DeGirolami (Catholic University of America (CUA) - Columbus School of Law) has posted How A Theory Can Make A Difference (77 Fla. L. Rev. --- (forthcoming 2025)) on SSRN.

The Habeas Class Actions paper I wrote with Teddy Rave is forthcoming in Volume 139 of the Harvard Law Review: papers.ssrn.com/sol3/papers....

My latest analyzing the deeply confused but disappointing decision of the D.C. Circuit on USAID impoundments. Balkinization: The D.C. Circuit’s Tangled Impoundment Decision share.google/HGIKNj30LP1R...

Read @jacklgoldsmith.bsky.social open.substack.com/pub/executiv...

An important issue that doesn’t get enough airtime. Also the need for a trauma-informed legal system that not only cares for people involved but also the judges and lawyers who have to manage trauma often daily as part of their work.

The Hidden Trauma of Jury Duty www.nytimes.com/2025/08/10/w...

These historians’ briefs also pose a risk for professional history, because (as advocacy) they are often unrigorous, misleading, and/or one-sided. See eg the characteristically wise Fallon quote in the NYT piece.

I had the opportunity to write a foreword for the Harvard Civil Rights-Civil Liberties Law Review's symposium on state constitutional law. I hope you'll check out the whole issue! journals.law.harvard.edu/crcl/vol-60-...

I've been struggling with when to post this draft article, but last week's news about Trump firing the Commissioner of Labor Statistics convinced me I better share it now. It unpacks both the promise and the peril of what I call "informational administration." papers.ssrn.com/sol3/papers....

First full draft of a new paper: A (very) deep dive in to the Supreme Court's interim orders related to Trump thus far this year. papers.ssrn.com/sol3/papers....

In which I reply to @stevevladeck.bsky.social reason.com/volokh/2025/...

Over at the Notice and Comment blog, today's Ad Law Reading Room covers two pieces: "Presidential Brokering in the Regulatory State" by @jennifernou.bsky.social and "The Chadha Presidency" by @joshchafetz.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...

Loper Bright's Disingenuity, with @cary-coglianese.bsky.social, is forthcoming in the University of Pennsylvania Law Review. We argue that the majority opinion in Loper Bright is empty and internally contradictory. It is an assertion of power rather than reason. papers.ssrn.com/abstract=537...

This paper discusses the historical and ideological shifts in the American Supreme Court, contrasting the liberal Warren Court era with the current "Conservative Warren Court." spkl.io/63325AHHE5 @richardre.bsky.social #LawSky

Today the Balkinization blog features my reflections at the end of its seven-scholar symposium on my new book The Oldest Constitutional Question: Enumeration and Federal Power. You can find my short essay at the link below. Many thanks to the participants. balkin.blogspot.com/2025/07/grat...