@leahlitman.bsky.social are watching Jeopardy and the contestants completely changed in between single and double?

Sooners really travel, eh?

I enjoyed Windhorst's surprise that Wachtell litigators can write well.

Raffi Melkonian@rmfifthcircuit.bsky.social · 3w ago

I love the sports folks finding out what Wachtell Lipton charges (apparently they billed $50 million investigating the Clippers).

The national sports media is getting a lot of chuckles out of the Bears moving to Indiana. But Hammond is as much Chicago as Arlington Heights, and more so if your image of the Chicago sports scene is the Bill Swerski guys.

Why yes I am prepping for the first day of Fed Courts

Dan Deacon@dtdeacon.bsky.social · last mo.

Wasn't prepared for the "new" edition of Hart and Wechsler to compare Henry Hart's argument about the exceptions clause to the major questions doctrine 😲

Wasn't prepared for the "new" edition of Hart and Wechsler to compare Henry Hart's argument about the exceptions clause to the major questions doctrine 😲

Grateful to Adam Liptak for highlighting Daniel Deacon and my piece Legalistic Noncompliance in his latest newsletter (on Trumps response to several SCOTUS decisions from last term): @dtdeacon.bsky.social static.nytimes.com/email-conten...

Kavanaugh's opinion in Barbara strikes me as... weird. First, for originalists, presumably some constitutional provisions are flexible in the way Kavanaugh embraces because their content is in some ways underdeterminate (searches must be "reasonable"). 1/

Would it be student abuse to have three days on non-Article III courts in Fed Courts?? I used to teach the full arc through Stern/Oil States/Sharif, in part as a kind of case study on doctrinal evolution. And now there's Jarkesy, etc.

My final report to the Administrative Conference of the United States on drafting regulatory preambles in light of recent developments in judicial review of agency action is now available papers.ssrn.com/sol3/papers....

Daniel Deacon @dtdeacon.bsky.social & my paper "Legalistic Noncompliance" is out now in the Duke Law Journal! It describes how the second Trump administration is saying they're complying with lower court orders even though they're not in fact doing so: scholarship.law.duke.edu/dlj/vol75/is...

@dtdeacon.bsky.social has a nice write up of Wildermuth and Baker's recent piece on Perkins and the future of the civil service at the Court. www.yalejreg.com/nc/ad-law-re...

You know I’m doing history because I actually have some books on my desk

For the past year or so, I've been working on a project for the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in judicial review. The draft report is now available here: papers.ssrn.com/sol3/papers.... 1/

Thanks to Adam Liptak for highlighting Daniel Deacon @dtdeacon.bsky.social & my forthcoming Duke Law Journal piece "Legalistic Noncompliance"! Adam's piece: www.nytimes.com/2026/02/26/u... Our article: papers.ssrn.com/sol3/papers....

Justice Gorsuch’s Tariffs Warning

nytimes.com

Justice Gorsuch:

This isn't what SCOTUS *said* (they said nothing) BUT the Court's "passivity"-deciding not to decide or say anything - helps the executive branch aggressively characterize & implement the Court's orders. My draft paper "Passive Vices" goes into this (Law Review editors- it's looking for a home!)

Aaron Rupar@atrupar.com · 7mo ago

Homan: "We don't racially profile. When we detain somebody and question somebody for a short period of time, we need reasonable suspicion. That's what we're doing. But people say 'The Supreme Court allows you to racial profile.' That's not what the Court said. They said we're doing things legally."

I’ve done peer reviews this cycle for Harvard, Yale, Stanford, and Columbia. I think it’s only right that next cycle I get to choose which one publishes my piece 😇

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Valuing Administrative Democracy," by @briandfeinstein.bsky.social and @profdanwalters.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...

I don't think the Roberts Court majority understands the limits of that category (or lack thereof) either harvardlawreview.org/blog/2025/04...

President Trump in the Era of Exclusive Powers - Harvard Law Review

The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court...

harvardlawreview.org

I think I'd rather the Court overrule Humphrey's than have the Court go around invalidating parts of statutes involving "conclusive and preclusive" presidential powers

Justice Barrett is asking SG Sauer, do we really have to decide today which clause of the Constitution is the basis for our unitary executive theory? Can't we just continue "not being very specific about it," as we've been doing? Question captures something v. important about originalism and text.

Sauer's argument is substantively quite weak, but his understanding of the assignment may be the correct one: Just assure the justices they can do the thing, stipulate that they aren't deciding matters not before them, and move on.

All of these questions have been about the Fed, right?

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Immigration Venue Exceptionalism," by Stacy Caplow and Maryellen Fullerton. Check it out! www.yalejreg.com/nc/ad-law-re...

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is “How Not to Design Expert Bureaucracy: Lessons from Administrative Law,” forthcoming in the North Carolina Law Review, by Wendy Wagner. Check it out! www.yalejreg.com/nc/ad-law-re...

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Remedies in the Officer Removal Cases," by Sam Bray. Check it out! www.yalejreg.com/nc/ad-law-re...

My article, "Statutory Liquidation," is now in final form. Check it out on SSRN: papers.ssrn.com/sol3/papers.... Or at the Administrative Law Review website: administrativelawreview.org/volume-77-is... Thank you to the many who helped improve it!

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Officers at Common Law," forthcoming in the @yalelawjournal.bsky.social, by @nwdonahue.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Rubber Stamps" by Adam Samaha. Check it out! www.yalejreg.com/nc/ad-law-re...