Great exchange on Madisonian liquidation between @jrakove.bsky.social and @williambaude.bsky.social here. Rakove: jach.law.wisc.edu/madisonian-l... Baude: jach.law.wisc.edu/liquidation-...

“Liquidation, Then and Now,” my end of an exchange with Jack Rakove is now published: jach.law.wisc.edu/liquidation-...

New amicus brief, now on @ssrn.bsky.social! Submitted today in King v. Bon Charge, No. 1:25-cv-105-SB (D. Del. filed Jan. 24, 2025), exploring how Rule 4(k)(2) personal jurisdiction applies after Fuld v. PLO. Download it here: papers.ssrn.com/sol3/papers....

New Paper: When the Executive Has Unclean Hands, with Samuel Bray. (Short, timely, but hopefully more than that too.) papers.ssrn.com/sol3/papers....

FWIW, @williambaude.bsky.social and I are working on a piece about circuit precedent at this very moment. (We are in the “pro” camp 😊.)

Looking forward to this event today . . .

The governor is correct that Trump's behavior is clearly authoritarian, and we all, including members of the press, should feel comfortable saying so.

Dungeon Crawler Carl books ranked (from best): Dungeon Crawler Carl (#1) The Dungeon Anarchist's Cookbook (#3) The Gate of the Feral Gods (#4) This Inevitable Ruin (#7) The Butchers Masquerade (#5) The Eye of the Bedlam Bride (#6) Carl's Doomsday Scenario (#2)

Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting! Will work on distributing this to various listservs and blogs, but please share if you are able.

My God

I have one perhaps foolish question, which is whether the proposition that aliens have the same free speech rights as citizens can be squared with the Supreme Court’s (dubious) summary affirmance in Bluman v FEC.

Sat down with @stevevladeck.bsky.social & @williambaude.bsky.social to talk start of a new SCOTUS term, end of an unprecedented summer on the shadow docket, & 20 years of Chief Justice John Roberts www.nytimes.com/2025/09/30/o...

On calling balls and strikes:

Final thought: sometimes you just don’t have the power to stop a bad thing from happening. But beliefs about law can be powerful, and to that end, I considered it worth fighting this. If this goes the wrong way, it would be on par with Dred Scott. But Dred Scott happened.

A start-of-term exchange on the Supreme Court between me, @kateshaw.bsky.social and @stevevladeck.bsky.social (I was hoping for “one of the great Chief Justices in history” as the title.) Hypercharged’ Is the Only Word for This Supreme Court www.nytimes.com/2025/09/30/o...

Bombshell! - Caleb Nelson, one of the most respected originalist scholars in the country, comes out against the unitary executive interpretation of Article II democracyproject.org/posts/must-a...

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....

New paper, with @marinklevy.bsky.social and Sam Bray: papers.ssrn.com/sol3/papers....

I was delighted to be a guest on Mark Seidman's and Mark Tushnet's podcast -- Supreme Betrayal -- and hope they get credit for wanting to talk to somebody with such radically different views of the law. supreme-betrayal-how-the-supreme-court-and-constitutional.simplecast.com/episodes/a-c...

firearmslaw.duke.edu/2025/09/the-... by @andrewwillinger.bsky.social

An online CLE on the shadow docket (emergency docket, interim docket) hosted by ALI by me and @stevevladeck.bsky.social Next Monday.

That Chotiner interview inspired me to buy Cass’s book.

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

The origin story of the “shadow docket” is now in the paper of record. www.nytimes.com/2025/09/15/u...

Assistant prof: "My ideas about X are not fully cooked yet. I need to gather more data before I could consider publishing." Full prof: "My ideas about X are not fully cooked yet, but I've promised to contribute to three special issues, so YOLO here goes."

Sincerely wondering: what remedies does Justice Kavanaugh believe are and should be available in federal court these days for excessive force violations by federal immigration officials?

“Interim docket” is a good name for it. news.bloomberglaw.com/us-law-week/...

Michael McConnell on how to save Federal Reserve independence by dividing the agency: www.washingtonpost.com/opinions/202...

The Divided Argument podcast had me on to talk about my new book *The Oldest Constitutional Question: Enumeration and Federal Power.* Very much enjoyed the conversation. Listen here: www.dividedargument.com/episodes/bed... @dividedargument.bsky.social @williambaude.bsky.social‬ @epps.bsky.social‬

Want a new episode of @dividedargument.bsky.social for the long weekend? You’re in luck! Dan and I sit down with @richardprimus.bsky.social to talk about his new book on unenumerated powers. www.dividedargument.com/episodes/bed...

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

I’m told the proposal has been pulled from the agenda for now.

In the inaugural episode of Dean's Dialogues, Professor @williambaude.bsky.social and Clinical Professor Judith Miller join Dean @adamchilton.bsky.social for a conversation about how lawyers can incorporate, and respond to, originalist arguments during litigation. buff.ly/wLPgISB

As the ABA discusses the proposal to double the required number of experiential credits, here's a very informative and timely paper from Chilton, Joy, and Rozema. papers.ssrn.com/sol3/papers.... It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.

As the ABA discusses the proposal to double the required number of experiential credits, here's a very informative and timely paper from Chilton, Joy, and Rozema. papers.ssrn.com/sol3/papers.... It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.