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“Bonus 203: Correcting the Record in the Social Security/DOGE Case; An eye-opening filing by the Department of Justice should give more than a little pause to the justices with respect to one of their earlier grants of emergency relief to the Trump administration.”
22 Jan 2026, 11:46 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“133. Birthright Citizenship (Sort of) Reaches the Court: The Trump administration’s emergency applications in three birthright citizenship cases are a cynical effort to mitigate the effects of an inevitable loss on the merits; The justices shouldn’t bite.”
17 Mar 2025, 9:33 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“131. Five Questions About the Khalil Case: The government’s arrest and detention of a pro-Palestinian Columbia student (and green card holder) raises difficult questions about both technical immigration statutes and the First Amendment.”
10 Mar 2025, 7:00 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“116. The Corporate Transparency Act and Nationwide Injunctions: The 19th — and, likely, last — emergency application from the Biden administration includes a (surprising) request that the justices conclusively settle the propriety of ‘universal’ equitable relief.”
6 Jan 2025, 6:27 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“96. Bad Supreme Court Math: A recent effort to defend the Fifth Circuit’s SCOTUS track record usefully (if unintentionally) highlights several of the most common methodological errors in efforts to marshal Supreme Court data.”
26 Aug 2024, 1:45 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“153. Living by the Ipse Dixit: A constitutional principle like the ‘unitary executive theory’ isn’t worth all that much if the Supreme Court can conjure new, unprincipled exceptions to it by simply asserting that they exist.”
26 May 2025, 10:24 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“The Supreme Court doesn’t just abuse its shadow docket. It does so inconsistently. Justice Kagan’s dissent cuts to the heart of the problem with the Texas abortion ruling — it undermines the court’s legitimacy.”
3 Sep 2021, 10:30 am by Howard Bashman
” Law professor Steve Vladeck has this essay online at The Washington Post. [read post]
How Appealing - http://howappealing.abovethelaw.com
“What I Realized After Justice Alito Attacked Me for Critiquing the Shadow Docket”
24 May 2023, 10:11 am by Howard Bashman
What I Realized After Justice Alito Attacked Me for Critiquing the Shadow Docket”: Law professor Steve [read post]
How Appealing - http://howappealing.abovethelaw.com
"Domestication or Absolute Resistance? A Semi-Supreme-Court Symposium Question."
1 Jun 2017, 9:30 am
" And today at the "Take Care" blog, Leah Litman, Helen Klein Murillo, and Steve Vladeck [read post]
How Appealing - http://howappealing.abovethelaw.com
“Do Federal Officials Really Have ‘Absolute Immunity’? After killings by ICE and Border Patrol in Minneapolis, a legal expert discusses how agents might be held to account by local authorities.”
27 Jan 2026, 7:05 am by Howard Bashman
” Online at The New Yorker, Isaac Chotiner has this “Q&A” with law professor Steve [read post]
How Appealing - http://howappealing.abovethelaw.com
“203. Legislative Standing and/After Bost; The theory on which five justices concluded that candidates for office have standing to challenge election rules is difficult — at best — to reconcile with the Court’s hostility to legislative standing.”
19 Jan 2026, 1:45 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
Event announcement
15 Nov 2016, 6:25 am by Andrew Hamm
” The debate will feature Steve Vladeck and Ed Whelan; Adam Liptak will serve as moderator. [read post]
SCOTUSblog - http://www.scotusblog.com/
“156. Federalizing the California National Guard; President Trump’s Saturday night ‘memorandum’ federalizing 2000 California National Guard troops is a tentative step toward abusing authorities for domestic use of the military, but a dangerous one.”
8 Jun 2025, 5:06 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“155. What District Court Critics Aren’t Telling You: The increasingly loud claim that district courts are abusing their powers by blocking Trump administration policies depends upon a series of indefensibly selective (and easily rebutted) arguments.”
2 Jun 2025, 7:35 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“Bonus 129: What Really Happened in Worcester v. Georgia? President Jackson’s famous quote about Chief Justice Marshall is almost certainly apocryphal; Understanding the specific context in which it (allegedly) arose helps to underscore why.”
6 Mar 2025, 5:17 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“128. Impeaching Federal Judges: Congress has used its power to impeach and remove federal judges only sparingly; Calls from Elon Musk and Republican lawmakers to impeach judges who rule against Trump are powerful reminders of why.”
3 Mar 2025, 7:57 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“108. Recess Appointments and/in the Supreme Court: President-Elect Trump is already proposing to bypass a Republican-controlled Senate to install many of his nominees; But could he also do that to fill a seat on the Supreme Court? Yes, albeit briefly.”
11 Nov 2024, 7:14 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“103. Alien Enemies in the Supreme Court: Setting the record straight on the 1798 statute former President Trump claims he’ll use to summarily arrest and deport undocumented immigrants — and the Supreme Court’s handful of interactions with it.”
14 Oct 2024, 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
“195. The Immigration Detention Flood: The Trump administration’s attempt to quietly — but massively — expand who can be detained pending their removal has been met with overwhelming pushback from a remarkably large number of district courts.”
1 Dec 2025, 9:50 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“Bonus 192: The Court vs. the Circuit Justice; Tuesday’s ruling in the SNAP case appears to be the second example in seven months (and for quite some before that) of the full Supreme Court taking an application away from the circuit justice.”
13 Nov 2025, 5:58 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com