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Bonus 113: Tick Tock for TikTok
The justices' decision to hear expedited argument on the constitutionality of the TikTok statute makes a lot of sense. It's also a good foil for a…
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Steve Vladeck
5
113. Direct Appeals from State Criminal Convictions
The Supreme Court's docket for the October 2024 Term includes *zero* appeals from state criminal convictions. That's part of a broader trend—and one…
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Steve Vladeck
6
Bonus 112: Birthright Citizenship, "Invasions," and the Supreme Court
President Trump has vowed to go after birthright citizenship on his first day in office. He's going to lose, but in a way that may well provide cover…
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Steve Vladeck
19
112. Acting Officers and the Appointments Clause
Federal law gives the President remarkable latitude to temporarily fill executive branch offices. But there are two ways in which the Supreme Court has…
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Steve Vladeck
2
Bonus 111: Three Ways to Improve Supreme Court Statistics
Both the official and unofficial compilers of annual Supreme Court caseload statistics (or, at least, those relying upon their data) could benefit from…
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Steve Vladeck
3
111. Ex parte Milligan and the Limits of Martial Law
Although it was later narrowed, the Supreme Court's 1866 repudiation of Civil War-era military commissions remains a bulwark against military authority…
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Steve Vladeck
5

November 2024

Bonus 110: The President's Prorogation Power
The President's (never-exercised) power to involuntarily adjourn Congress might be a lot narrower than it looks—especially if this Supreme Court is ever…
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Steve Vladeck
7
110. The Universal Service Fund and the Non-Delegation Doctrine
Friday's major new cert. grant raises the question whether the justices are poised to reinvigorate the non-delegation doctrine, or whether they're just…
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Steve Vladeck
9
Bonus 109: The Spring 2025 Emergency Docket
The second Trump administration's most controversial policy initiatives are likely to reach the Court quickly. The question will then become what…
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Steve Vladeck
9
109. Things Fall Apart
Some reflections on my disheartening exchange with Judge Jones at last Thursday's Federalist Society convention—and its ominous implications for the…
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Steve Vladeck
59
Bonus 108: "One First" Turns Two
To celebrate the newsletter's second anniversary, a brief reflection on why we started it; a preview of some coming attractions; and some thoughts on…
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Steve Vladeck
14
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…
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Steve Vladeck
21
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