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144. The Supreme Court's Late-Night Alien Enemy Act Intervention
Just before 1:00 a.m., the justices (aggressively) stepped back into the Alien Enemy Act litigation—in a decision suggesting that a majority understands…
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Steve Vladeck
78
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…
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Steve Vladeck
54
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…
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Steve Vladeck
76
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…
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Steve Vladeck
22
First One: April 13, 2025
A weekly sneak-peek audio companion to the "One First" newsletter
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Steve Vladeck
7
8:15
141. Abrego Garcia and the Presumption of Regularity
How one reads Thursday's ruling ordering the federal government to "facilitate" Abrego Garcia's return depends upon how much (or how little) one expects…
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Steve Vladeck
56
Bonus 140: The New (and Sort-of-Improved?) Shadow Docket
We're starting to see patterns in how the Court is resolving emergency applications from the Trump administration. One of them reflects a remarkably…
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Steve Vladeck
8
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…
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Steve Vladeck
99
139. Tariffs, Non-Delegation, and the Major Questions Doctrine
President Trump's economic misadventure is already being challenged in court. The resulting cases will test the consistency of conservative judges…
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Steve Vladeck
16
First One: April 6, 2025
A weekly sneak-peek audio companion to the "One First" newsletter
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Steve Vladeck
11
14:47
138. Abrego Garcia, Constructive Custody, and Federal Judicial Power
Federal courts don't have jurisdiction over foreign prisons. That doesn't mean that they're powerless when the U.S. government wrongly removes someone…
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Steve Vladeck
43
137. Three (Quick) Reactions to the Education Grants Ruling
The Court's 5-4 Friday afternoon ruling is unquestionably a win for the Trump administration. How *big* a win will depend a lot upon what happens next.
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Steve Vladeck
18
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