Friday reading recommendation: my new article, “The Amended Statute,” which is now out with @uchilrev.bsky.social! Hope you’ll check it out! papers.ssrn.com/sol3/papers....

Dogs are deranged bat and dead bug for Halloween.

No kings but Will Klein. Hallelujah.

I missed this when it was posted. Among my other things, some nice points about congressional reliance on Humphrey’s Executor:

Ok, make that two kings.

No kings but Mookie Betts.

Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.

This morning SCOTUS heard Berk v. Choy, a Civil Procedure case about the Erie doctrine. The state requires an “affidavit of merit” to accompany medical malpractice complaints. Does it apply in federal court? I listened to the oral argument. Reactions in next post. Docket and briefs at this link:

The Supreme Court’s reference, in QP 2 in the Slaugher removal case, to “at equity or at law,” rather than using the traditional formulaic prepositions “in equity or at law” stands as a stark contrast to its embrace of “history and tradition.” In this essay I will … #pedantry

I went to the library to get High on Extraordinary Legal Remedies.

Given the Supreme Court’s grant of a stay (which allows FTC member’s ouster) and its grant of certiorari on the remedies question as well as on the merits of Humprey’s Executor, this from Sam Bray is sure timely: @dividedargument.bsky.social

A brag and a request for teaching ideas: I am honored to be this year’s Kelly Professor for Excellence in Teaching. The professorship comes with the duty to present lunchtime sessions to my colleagues on teaching-related themes. What ideas do you have?

They are now up to about a dozen of the ideas in this interesting series.

I found this to be a very helpful investigation of some of the practical issues in the impoundment litigation. www.yalejreg.com/nc/looming-m...

Hard to believe this threatened lawsuit about blue slips actually actually gets filed. There are, what, like five fatal jurisdictional/threshold defects? thehill.com/homenews/adm...

Reupping latest Substack on new legal scholarship.

Interested in clashes between the judiciary and legislature? How about injudicious judges who publish their correspondence with famous political figures? Boss Tweed connection? Old treatises? Have I got the (short!) draft article for you. Here is the link. Abstract in next post. ⚖️ 🗃️

Does the Respect for Marriage Act (RMA) make it more or less likely that SCOTUS ever overrules Obergefell? Case for “less likely”: 1) Court would pay the legitimacy cost of overruling without getting much policy benefit.* 2) RMA shows enactable legislative preferences / public opinion. 1/3

🚨50 Constitutions Update🚨 Our latest update to 50constitutions.org adds tracking constitutional change features to 4 additional states! These tools allow users to explore a state's full amendment history. 50constitutions.org

Interested in clashes between the judiciary and legislature? How about injudicious judges who publish their correspondence with famous political figures? Boss Tweed connection? Old treatises? Have I got the (short!) draft article for you. Here is the link. Abstract in next post. ⚖️ 🗃️

During my vacation in Europe, I averaged over seven miles of walking per day and climbed more than six times as many stairs as usual. Now my watch tells me my averages are way down. Clearly my health demands more vacations. Pictured: beautiful door on a church in Naxos, Greece.

Has an American judge ever been held in contempt of a legislature? Yes, and in this thread I’ll give a short version of the story of Judge Platt Potter, held in contempt of the NY Assembly in 1870. The story is a bit zany, as Potter went to unusual lengths to publicize his side of it. ⚖️🗃️ 🧵

Sam Bray on David Marcus on the birthright-citizenship class actions. (Tl;dr is class certification is right.) @dividedargument.bsky.social substack.com/home/post/p-...

#AppellatePlaces #LawSky Not a normal court, sure, but the first appeals in England were in the church courts, a hierarchical system where appeals ran eventually to Rome (before Henry VIII’s break). Then equity had appeals. The common law had the clunky writ of error until relatively recently.

Thousands in Williamsburg, Virginia. Median age 55 or so? Overheard: “This is Kate’s first protest. She’s 70.”

I always learn from Nina’s work.

Thank you to @lukenorris.bsky.social @profk.bsky.social and others at U. Richmond Law for hosting the 10th Civ Pro workshop. Lots of great papers there, as usual, but the one thing I will highlight here, because it’s a book, is …

I've just joined BlueSky and need help from friends to gather followers. So @uvalaw.bsky.social, and other faculty and students, please share/follow. I write about discrimination law and its philosophical foundations and about bribery and corruption. Am interested in all things law and philosophy.

I’ve posted an updated version of my paper on “Statutory Backups for Endangered Constitutional Rights” on SSRN. Link: papers.ssrn.com/sol3/papers....

For those interested in Judge Wilkinson's approach to cases asking courts to review executive-branch actions, @jacklgoldsmith.bsky.social & I (who both clerked for Wilkinson) published an essay about just that last fall. Read it here ➡️ papers.ssrn.com/sol3/papers..... Bottom line here ⬇️

🚨🚨 Registration is now open for the 10th Civil Procedure Workshop at Richmond on June 2-3. Sign up at the link below!

I’ve posted a slightly revised and updated version of my paper on “Statutory Backups for Endangered Constitutional Rights.”

Today I’m feeling very proud to have worked at Jenner & Block. www.jennerfirm.com

Tomorrow’s gym t-shirt. I was a summer associate and then an associate at Jenner & Block long ago. In my brief time there, I had the chance to work with some world-class lawyers. www.whitehouse.gov/presidential...

As I read it, the “No Rogue Rulings Act,” which is set for a House vote soon, bans non-party injunctive relief (aka “nationwide injunctions”), but it does not address the related phenomenon of universal vacatur of agency action, which often beset Biden initiatives. Bill text and status below:

I would give anything for an impetuous vortex right now. Would settle for ambition counteracting ambition.

Congratulations to @madisoncondon.bsky.social and @blakeprof.bsky.social on winning the ALI Early Career Scholars Medal. @ali-org.bsky.social www.ali.org/news/article...

I wrote about Trump's efforts to dethrone Congress, which explains why they are picking this week's major fight over funding the government. The stakes are even higher than they might first appear.

A reminder to submit your abstracts for the 10th Annual Civil Procedure Workshop by March 3rd! 🚨 🚨 It will be hosted at Richmond Law on June 2-3. You can submit at the link below. 👇

I have a new draft paper on SSRN called “Statutory Backups for Endangered Constitutional Rights.” A “statutory backup right” is a statutory right that parallels a constitutional right that is believed to be at risk of judicial abrogation. An example is the Respect for Marriage Act of 2022. 1/3

The Trump administration is moving ahead at warp speed with its grab for unfettered power. This week I identify ten legislative provisions Congress should insist upon to protect our democracy.

If you’re working on civil procedure projects, boy do we have a workshop for you! The tenth (!) annual Civil Procedure Workshop will be held at Richmond on June 2-3rd. Check out the link below and submit your abstract by March 3rd.

I'm thrilled to announce the creation of Final Decisions PLLC, an appellate boutique and consultancy focused on appellate jurisdiction. Through it, I hope to partner with lawyers facing complex appellate-jurisdiction issues. finaldecisions.org

Yay, it’s here! If you want to know about the history of federal appellate procedure and how modern practice blends the traditions of the common law and of equity, please have a read. ⚖️ 🗃️ #AppellateSky #AppellateTwitter Full text here: papers.ssrn.com/sol3/papers....

Please somebody hide all the map projections that make Africa look really big.

While doing historical research on statutory interpretation, I saw this interesting pardon. Jefferson pardons someone for a customs/tax offense where the defendant’s conduct was “not within the intention, tho’ embraced by the letter of the law,” which TJ says is a proper use of the power. ⚖️ 🗃️ 1/2

Public awareness of Administrative Law is increasing at warp speed.

A nerdy question about the Catholic Charities #SCOTUS case. The two questions presented are below. As the update to my prior thread notes, the Court amended the cert grant to limit it to the first question presented. Now my question: Suppose SCOTUS decides that the state violated the 1st Amdt …

👀 Bloomberg Law’s @tianaheadley.bsky.social reports that 4th Circuit’s Judge Wynn is no longer on the list of judicial vacancies, indicating that he may have rescinded his resignation.