Pretty sure I'm one of the folks Mark's subtweeting. While I don’t feel compelled to respond, this actually provides a beautiful lesson for how academics and other serious observers might think about engaging with the Court and law. (thread)

My latest, “Marbury Now,” is published in the latest issue of Liberties! libertiesjournal.com/articles/mar...

With all that is going on in the world, it might be easy to overlook that the D.C. Circuit appears to have changed its Special Panel (aka Motions Panel) so that it's no longer in place for a month. I think this change is both really important and really good. (A quick courts 🧵 . . . )

Five years ago.

"Perhaps the Court is moving back to assessing irreparable harm with more nuance and precision, as it should." If only. Here, however, there's no injunction against effectuating a Trump policy--let alone a statute--so I'm afraid this wasn't a recognition that that's not invariably "harm" to the U.S.

My first post on the Interim Docket blog is up:

NB: When I, a professor of law, profess that an act is unlawful, I am not doing it to inform the lawbreaker, but rather to inform you, the reader. So the question “what, like you think he cares?” is inapposite. The question is whether *you* care. I think you should, which is why I bother.

"Burkeanism and the Administrative State" I really enjoyed doing this podcast episode with Sarah Isgur, @williambaude.bsky.social, and @davidfrenchjag.bsky.social. It was framed around separation of powers debates, but the conversation ranged much more widely. thedispatch.com/podcast/advi...

The best moment in the History of the Word Caucasian came in a series of Supreme Court cases during the immigration panic of the 1920s. The Naturalization Act of 1790 said that only "white" people could be naturalized as American citizens, but that only raised questions about what counted as white?

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...

Shaw, Vladeck, and Baude ride again: Looks Like the Supreme Court Will Continue to Overturn the 20th Century www.nytimes.com/2025/12/09/o...

Tom Stoppard might be the single writer who has most defined my life. R.I.P.

Northern Michigan man’s crossword puzzle to be published in the New York Times upnorthlive.com/news/local/n...

New amicus brief with Steve: “Sovereign immunity is for sovereigns.”

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?