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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…
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Steve Vladeck
104
130. The Trump Administration Goes After Bivens
An unusual cert.-stage amicus brief helps to drive home how difficult the Supreme Court has made it to obtain damages for constitutional violations by…
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Steve Vladeck
11
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…
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Steve Vladeck
3
129. Untangling the Foreign Aid Ruling
There's a lot going on in the Court's cryptic, 5-4 ruling in the foreign aid funding cases. Here's my (very) quick attempt to unpack some of the most…
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Steve Vladeck
42
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…
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Steve Vladeck
20

February 2025

127. Chief Justice Roberts's Administrative Stay in the Foreign Aid Funding Cases
There are two very different ways to understand Wednesday night's order temporarily absolving the government from spending $1.5 billion in obligated…
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Steve Vladeck
40
Bonus 126: [Chill] All the Lawyers
Lawyers and law firms committed to the rule of law should be the first (and loudest) critics of the Trump administration's effort to punish and…
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Steve Vladeck
42
126. The "Fixed Star in Our Constitutional Constellation"
It's worth spending time with Justice Robert Jackson's 1943 majority opinion holding that the First Amendment bars compulsory flag salutes and compelled…
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Steve Vladeck
16
Bonus 125: The Federal Reserve and the Unitary Executive
The Supreme Court's apparent unwillingness to jeopardize the central bank's independence is entirely understandable (and good); it also undermines the…
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Steve Vladeck
9
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…
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Steve Vladeck
14
124. The Thursday Night Massacre(s)
Two very different episodes on Thursday provide growing evidence of a Department of Justice that is showing less respect, by the day, for the rule of…
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Steve Vladeck
39
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…
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Steve Vladeck
4
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