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“Bonus 136: Nationwide Injunctions vs. Nationwide Class Actions; If those who oppose non-plaintiff-specific relief are doing so on principle and not just politics, they should support more robust nationwide class action suits against the federal government.”
3 Apr 2025, 2:09 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“Bonus 134: What Executive Orders Can (and Can’t) Do; President Trump’s ominous new executive order on election administration is constrained by the limits on what an executive order can directly accomplish, especially outside of the executive branch.”
27 Mar 2025, 2:02 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“Bonus 123: The Judges’ Bill Turns 100; A century ago today, Congress gave the Supreme Court control over much of its docket; The Court we have today is, for better or worse, a direct result of that technical but massively important statute.”
13 Feb 2025, 7:26 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
Untitled
29 Apr 2024, 10:08 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“194. Another Bad Week for the Presumption of Regularity: Three different flashpoints highlight how much the Trump administration has done, in such short order, to undermine its own litigation efforts and to damage — perhaps irreparably — DOJ’s credibility.”
24 Nov 2025, 7:16 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
Common theme: Insanity swirls around this administration
3 Jan 2018, 4:00 pm by Howard Wasserman
Steve Vladeck is quoted in this Slate article arguing that the district may abstain on Younger/equitable [read post]
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
“Bonus 157: Why the Supreme Court Keeps Granting Stays to President Trump. The justices have granted at least some of the relief the Justice Department has sought in each of its last 10 applications. There are some obvious reasons why, but also some less obvious ones.”
12 Jun 2025, 7:48 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“152. Non-Party Relief and Judicial Supremacy: Thursday’s birthright citizenship oral argument hits at least somewhat different after and in light of Friday’s Alien Enemies Act ruling — in which the Court . . . provided relief to non-parties.”
19 May 2025, 5:32 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“145. Justice Alito’s Misbegotten Dissent in A.A.R.P.: Justice Alito’s after-the-fact opinion dissenting from the Court’s early-Saturday-morning Alien Enemy Act ruling rests on a revealing array of misrepresentations, misstatements, and non-sequiturs.”
21 Apr 2025, 6:36 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“140. The Disturbing Myopia of Trump v. J.G.G.: In normal times, it might be possible to defend the Supreme Court’s 5-4 ruling on Monday vacating a pair of temporary restraining orders in the Alien Enemy Act case; But these aren’t normal times.”
7 Apr 2025, 6:34 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“132. Five Questions About Trump’s Alien Enemy Act Proclamation: A quick take on some of the questions raised by President Trump’s . . . dubious invocation of a 1798 statute as a basis for arresting, detaining, and removing non-citizens with ties to Tren de Aragua.”
17 Mar 2025, 10:26 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“Bonus 116: Trump v. New York; 11 days before his inauguration, President-Elect Trump’s emergency request that the Supreme Court block his sentencing in the New York hush money case presents an early litmus test for the justices.”
9 Jan 2025, 11:10 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“115. President-Elect Trump’s Law-Free TikTok Brief: A friend-of-the-Court brief filed by the incoming President’s nominee to be the next Solicitor General is a revealing — and alarming — example of political arguments wholly divorced from law.”
30 Dec 2024, 6:56 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“85. Opinion Announcements (and Why They Should Be Live-Streamed); Justice Sotomayor’s oral dissent in the bump stocks case highlights why the Supreme Court should allow those who can’t be in the courtroom to hear the justices’ hand-down statements.”
17 Jun 2024, 6:50 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
Symposium: Pondering Iqbal
21 Feb 2010, 5:50 am by Howard Wasserman
Contributors include former GuestPrawfs Scott Dodson, Tung Yin, and Hillel Levin, as well as PermaPrawfs Steve [read post]
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
“Bonus 143: Private Special Prosecutors and Criminal Contempt of Court; The Alien Enemy Act case may end up with Chief Judge Boasberg appointing a private lawyer to prosecute criminal contempt of court; The law currently allows such a move, but I believe it shouldn’t.”
17 Apr 2025, 5:06 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“143. The State of Play in the Abrego Garcia Case: The Trump administration isn’t defying the letter of Thursday’s Supreme Court ruling; But it’s daring the federal courts to take much more aggressive steps to block its immigration policies.”
15 Apr 2025, 11:24 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“142. Five Questions About Domestic Use of the Military: The federal government’s authorities to use the military for domestic law enforcement are old, broad, and vague; They may soon become far more relevant than they’ve been for quite a long time.”
14 Apr 2025, 6:34 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“125. The Court’s First Trump II Case Won’t Be a Bellwether: The challenge to Trump’s removal of the head of the Office of Special Counsel raises unique procedural and substantive issues likely to prevent it from serving as a referendum — in either direction.”
17 Feb 2025, 1:14 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“119. The Federal Government as a Party: Each of the last two terms, the United States has been a party to at least half of the cases on the Supreme Court’s merits docket; That’s a big deal, and not just because it’s *never* happened before.”
27 Jan 2025, 6:30 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com