I read an earlier draft of this paper - and recommend. Very important work showing how courts - and appointees/nominees - actually function.

Hot off the press! @nyulawreview.bsky.social Volume 100 symposium issue: Where Does Administrative Law Go From Here? Quick post linking to all of the terrific articles: www.yalejreg.com/nc/nyu-law-r...

While I'm watching the Michigan game, I decided to upload this paper to SSRN. Happy New Year! papers.ssrn.com/sol3/papers....

As @richardre.bsky.social points out at "Divided Argument," #SCOTUS's ruling in Trump v. Illinois is ... hard to find on the Court's webpage: blog.dividedargument.com/p/finding-tr... Indeed, this is more than just a small inconvenience; as I've argued, it reflects deeper shadow docket pathologies:

When the government queries a massive database containing the information of hundreds of millions of people, how broad of a search occurs? And can the government even get a warrant to search that much? I take that on in a forthcoming article, draft here: papers.ssrn.com/sol3/papers....

Bray on party presentation in the national guard case blog.dividedargument.com/p/the-inexor...

Big ups to Marty Lederman @martylederman.bsky.social who flagged this argument that SCOTUS relied on (that regular forces refer to military forces, not federal law enforcement).

BREAKING: Huge loss for Trump administration at Supreme Court, which rules that the Trump administration had lacked authority to federalize and deploy the National Guard to execute laws in Illinois. s3.documentcloud.org/documents/26...

From @stevevladeck.bsky.social /1

Gentle reminder as we close out the fall semester that you should submit that abstract/idea/working paper for the 15th Annual Fed Courts Junior Scholars conference. More details at the link below. Reach out w/ questions, & *please share this widely.* We have an amazing lineup of senior scholars!

This is not a remotely fair characterization of what I or Jack said. Fact-free caricatures are good for RTs and clicks from co-partisans, but critics of the Court (of which I am often one!) do their cause no service when they don't even pretend to engage on the merits with different views.

Link: academic.oup.com/edited-volum...

Greene on Supreme Court Expansion Jamal Greene (Columbia University - Law School) has posted The Nonpartisan Case for Supreme Court Expansion (Harvard Journal of Law and Public Policy, forthcoming) on SSRN. Here is the abstract: It should be a shared premise across the ideological spectrum that…

Check out the @scotusblog.com post from my brilliant colleague @joeljohnson13.bsky.social on the upcoming 2nd Am case! Altho the Court could clarify the statute (& vagueness doctrine), I think there's real need for SCOTUS to clarify (ahem, vague) 2nd Am doctrine. www.scotusblog.com/2025/12/an-o...

In a first, many top law firms this year are recruiting summer associates during students' first semester. Some are dangling ‘jumbo offers’ and ‘loyalty’ bonuses for students who do two summer stints back-to-back, keeping them out of other firms' reach reut.rs/44U44cD

More than 2,900 attorneys quit the Justice Department or were fired during the first 10 months of this year -- about triple the number who depart in a typical year. personnel records obtained by Reuters show.

Now out! "Crowdsourced War" @nyulawreview.bsky.social We describe a revolution in war fighting that we call “Crowdsourced War.” It's putting civilians at risk around the globe. It is time to adopt new rules to protect civilians from the new risks they face. papers.ssrn.com/sol3/papers....

Nina Varsava (@ninavarsava.bsky.social) and I just posted our paper "Originalism's General-Law Turn" to SSRN. The paper is still a work in progress, and comments and criticisms are very welcome. papers.ssrn.com/abstract_id=...

BREAKING: Kilmar Abrego Garcia has been released from immigration detention after a federal judge's order Thursday, his attorney's office says.

At least 11 congressmen from 1865-1871 were arguably not citizens under Trump's interpretation of 14th A, our research finds. Yet no one challenged their eligibility to serve. Why not? Obviously, b/c no one who drafted or ratified the 14th A shared Trump's view. papers.ssrn.com/sol3/papers....

Now out in the December issue of the Harvard Law Review: "Federalism and the New National Security" with Ashley Deeks of @uvalaw.bsky.social. The abstract is below, and the full article is available at harvardlawreview.org/print/vol-13.... Thanks to HLR's editors for all of their hard work!

Baumann and Shugerman on Quasi-Judicial: A History and Tradition / lawlit.blogspot.com/2025/12/baum...

This article by @kgnboling.bsky.social looks interesting! papers.ssrn.com/sol3/papers....

Jiménez on the Rule of Law Felipe Jiménez (USC Gould School of Law) has posted The Rule of Law on SSRN. Here is the abstract: This Article offers a straightforward reconstruction of the rule of law and an overview of this notion as the ideal of subjecting political power to the discipline of law.…

Now on SSRN: "Platform Polarization?" is forthcoming in Emory Law Journal--about the increasing politicization of social media platforms and what it means for political parties and constitutional law. tinyurl.com/h4ynwyua Comments are very welcome on the draft!

1/ A few thoughts about @williambaude.bsky.social’s comment in yesterday’s NYT chat that, “It’s amazing how many of our problems today could be solved by a Congress that was willing and able to legislate in response to national problems.” www.nytimes.com/2025/12/09/o...

Some reading given the Court’s docket papers.ssrn.com/sol3/papers....

My colleague Kevin Arlyck’s new book about those antebellum maritime cases is *really* good: www.cambridge.org/core/books/n...

The credo of militant moderates everywhere.

The Chadha article is here, if you’d like to read more … papers.ssrn.com/sol3/papers....

I don’t write the headlines but I do like this one (post-Slaughter argument roundtable for @nytimes.com with @stevevladeck.bsky.social & @williambaude.bsky.social) www.nytimes.com/2025/12/09/o...

My summary of the most significant cases in patent law this year is now posted on SSRN papers.ssrn.com/sol3/papers....

I look forward to defending free speech from its progressive critics — and conservative assailants == as the Tanner Letures Nov. 12 and 13 @princeton.edu A timely topic, sadly lectures.princeton.edu/lectures/202...

After Trump v. Slaughter, will there be any independent entities left other than the Federal Reserve? This post addresses Congress' critical effort to ensure the federal election commissions could not be captured by one political party. electionlawblog.org?p=153385

"The New Substantive Due Process" - repository.law.umich.edu/articles/3065/

The Supreme Court signaling that Mahmoud may extend beyond curricular opt-outs. We anticipated this move in the vaccine context in our recent comment, @richschragger.bsky.social and @nelsontebbe.bsky.social, harvardlawreview.org/print/vol-13....

5/ In the full essay @ssrn.bsky.social, @beaubaumann.bsky.social & I explain the historical background and legitimacy of Humphrey’s Executor using the term “quasi-judicial”— and address the assumptions which had led to Humphrey’s being unfairly maligned: papers.ssrn.com/sol3/papers....

3/ Gary Lawson & I respond to some reasonable questions about the apparent all-or-nothing historical arguments from @richardre.bsky.social @lsolum.bsky.social & Mike Ramsey Our interpretation leads to more balance, more grounded in original public meaning: blog.dividedargument.com/p/guest-post...

2/ My essay with Gary Lawson offers a balanced originalist interpretation that rejects the absolutist implications of some of the arguments: Article I’s Necessary and Proper Clause is the source of Congress’s power and the limits on that power. papers.ssrn.com/sol3/papers....

Thank you @lsolum.bsky.social and Mike Ramsey for noting my post. As noted below, I don’t think Mike’s suggested approach squares with text, history, or an independent Fed.

I've saved (most of) my annoyingness on here recently for my Judging book. But before I wrote that I wrote a different, memoir-y sort of book about being a horse dad. And just now came across this very nice review of it. So sharing 'cuz maybe you need a gift idea for the horse person in your life.

New Paper 🚨: In this thread I teased a new paper with @briandfeinstein.bsky.social that brings hard empirical evidence to bear on emerging critiques of public participation's role in administrative decisionmaking. The paper is now public on @ssrn.bsky.social: papers.ssrn.com/sol3/papers....

⁦‪[email protected]‬⁩ on how the First Amendment, current doctrine, and judicial review are helpful right now. podcasts.apple.com/us/podcast/s...