Marty Lederman
@martylederman.bsky.social
Professor at Georgetown University Law Center; former DOJ/OLC attorney
When the first studies about CTE were released, I (naively) assumed that every school district in the nation would shutter their football programs, if only because of easily anticipated legal exposure. Will this do the trick? (alas, probably not) www.nytimes.com/2026/08/25/u...
At Least 1 in 4 NFL Players Gets CTE, Major New Study Finds
The actual prevalence, researchers said, may be much higher.
nytimes.com
Upward of 90% of what's been written about yesterday's SCOTUS ruling on this site and in the mainstream media is, at best, misleading (though the decision was problematic). The real action begins with the ACLU's motion for a TRO against the USPS rule tomorrow in Boston.
As expected, the ACLU will file a supplemental complaint tomorrow challenging the USPS Final Rule, and move for a TRO against its enforcement. If and when the court issues that TRO, the appellate courts can review the *merits* of the new USPS conditions. storage.courtlistener.com/recap/gov.us...
Opposition to Motion – #199 in League of Women Voters of Massachusetts v. Trump (D. Mass., 1:26-cv-11549) – CourtListener.com
Opposition re 196 MOTION for Reconsideration re 183 Memorandum & ORDER,,,,,, MOTION to Stay MOTION to Vacate filed by Association of Americans Resident Overseas, Delta Sigma Theta Sorority, Inc., Leag...
storage.courtlistener.com
Marty Lederman@martylederman.bsky.social · 20h agoPresumably the ACLU will amend its complaint ASAP to challenge the USPS Rule, and ask for a preliminary injunction against its implementation. Then we'll see how DOJ defends USPS' new conditions on delivery of mail-in ballots to voters. [2]
FYI: Back in the League of Women Voters (D.Mass.) case (see Steve's post), there's been a flurry of post-SCOTUS briefing, but none yet on the *merits* of the new mailing conditions in the USPS final rule--something that apparently won't happen until the ACLU specifically challenges that Rule. [1]
Steve Vladeck@stevevladeck.bsky.social · yesterdayI wrote this too quickly, but here’s my very brief explainer for “One First” on why this afternoon’s #SCOTUS ruling is problematic, but not (yet) an existential threat to mail-in voting in the midterms: www.stevevladeck.com/p/246-making...
First giveaway that the analogies on which USPS is relying for its new rule refusing to distribute ballots to voters not ID'd on an existing list *just might* be a stretch: "Although ballot mail does not present precisely the same operational issues as cremated remains or replica explosives, ... "
What Steve Vladeck @stevevladeck.bsky.social does is a huge public service: www.stevevladeck.com/p/246-making...
246. Making Sense of the Mail-in Ballots Ruling
The Supreme Court’s grant of a stay in one of the mail-in ballot cases is deeply wrong, but it’s also not the main event over whether Trump’s patently unlawful executive order can take effect.
stevevladeck.com
On the way to SCOTUS. SG has approved a cert. petition, which will be filed by October 5. (The panel has already stayed the mandate.) www.law360.com/articles/251... @sbagen.bsky.social @ajosephoconnell.bsky.social
Legal News & Analysis on Litigation, Policy, Deals : Law360
News and analysis on legal developments including litigation filings, case settlements, verdicts, regulation, enforcement, legislation, corporate deals, and business of law.
law360.com
Anne Joseph O’Connell@ajosephoconnell.bsky.social · 4d agoCA2 joins CA3/CA9 on US attorney front: no post vacancy first assistant as an acting under Vacancies Act & tasks cannot be delegated to one person. Big question now: can you delegate to two people? If not, the next Democratic Admin isn't going to function. ww3.ca2.uscourts.gov/decisions/OP...
Just so you're prepared: There's a very good chance the SCOTUS won't opine on the legality of the new WH Ballroom (and will establish new standing limitations instead).
Had the same reaction: The analysis on pp. 30-34 is both mistaken and potentially very problematic. @ajosephoconnell.bsky.social
Sam Bagenstos@sbagen.bsky.social · last wk.The combination of these rulings could be doom for effective governance during a presidential transition unless things break just right in both Senate elections and Senate processes.
I honestly don't know how anyone is sleeping at night, or why this isn't the singular thing all policymakers are most focused upon. @hlntnr.bsky.social www.nytimes.com/2026/08/18/o...
Opinion | The A.I.s Are Already Out of Control
Helen Toner, who served on OpenAI’s board, hopes the recent hack by that company’s models serves as a warning.
nytimes.com
What is truly great about this country … and how this administration has thrown it all away. I’d say it’s a brave essay, but Julia Curlee would be the first to object that real bravery, which she exemplified as an indispensable public servant, is a different order of things entirely. Must read.
Bec Hamilton@bechamilton.bsky.social · last wk.If you read one thing today, make it this stunning essay in @theatlantic.com by @juliacurlee.bsky.social www.theatlantic.com/magazine/202...
Hey, @nytimes.com: Any particular reason you haven't linked to the Board resolution so that we can read it outselves? www.nytimes.com/2026/08/13/a...
Kennedy Center Board Decides to Inscribe Trump’s Name on Building
The vote to add “Restored and Renovated by President Donald J. Trump” is an aggressive test of a judge’s order to remove his name.
nytimes.com
There's good reason for suspicion when ... ... a DOJ appellate brief is signed only by the Acting Deputy AG, and by no one else. Reason for still further suspicion: When that lawyer is also one of the key persons whose conduct is at issue in the case. storage.courtlistener.com/recap/gov.us...
#10 in Donald Trump v. Thirty-Five Former Federal Judges (11th Cir., 26-12692) – CourtListener.com
Amicus Brief as of right or by consent of the parties filed by R. Trent McCotter for Internal Revenue Service and Department of Treasury. [26-12692] (ECF: R. Trent McCotter) [Entered: 08/12/2026 08:51...
storage.courtlistener.com
Translation of the first paragraph: PLEASE choose me! www.ca5.uscourts.gov/opinions/pub...
ca5.uscourts.gov
What I find most frightening is that this is presented as just one of many Op-Eds on a particular day--rather than what everyone, everywhere ought to be intently focused upon constantly. www.nytimes.com/2026/08/13/o...
Inexplicably, the Tigers somehow have the best run differential in the American League.
NYT stating this like it’s normal when it’s absolutely berserk.
Great stuff from @annkpowers.bsky.social on Margaret Glaspy's new record. (You may recall that I love Glaspy's recent all-covers EP.) view.nl.npr.org?vawpToken=EN...
Newsletter continues after sponsor message
view.nl.npr.org
Cassidy's rationale for voting for Blanche: The alternative might be even worse.
What's the over/under on the number of days until "Magna Charta and Specially Designated Global Terrorists designated under IEEPA" is posted to SSRN?
For some reason the @nytimes.com doesn't offer a link to the court's opinion. [1] www.nytimes.com/2026/08/03/n...
N.Y. Law Barring ICE Agents From Wearing Masks Is Blocked by Judge
While the ruling dealt a blow to New York’s efforts to rein in ICE, a ban on formal cooperation with local police officers will move forward.
nytimes.com
The @nytimes inexplicably continues to assert that "the Justice Department ... gave [Trump] the audit protection as part of a deal to end the lawsuit." Nope. It wasn't included in the "deal." It's a unilateral--and blatantly unlawful--decree by the Acting AG. www.nytimes.com/2026/08/03/b...
Republicans Let Trump Keep Unparalleled Benefit: I.R.S. Immunity
The rebellion against Todd Blanche’s nomination to be attorney general, now seemingly contained, at no point fundamentally questioned President Trump’s new protections from the I.R.S.
nytimes.com
Not surprising at all that Cornyn & Tillis went for it, but it's kinda remarkable how credulous virtually every media outlet (@nytimes.com; @politico.com; @thehill.com; @bloomberg.com; etc.) has been in parroting Blanche's transparent nonsense about his May 19 immunity directive. [1]
justice.gov
Dear @politico.com: There is no "IRS audit immunity *deal* applying to the president and his family." There's only a unilateral, unlawful directive of Blanche to the executive branch conferring blanket immunity from investigation and sanctions. www.politico.com/news/2026/08...
Todd Blanche on track for confirmation after Cornyn strikes Trump settlement deal
The Texas senator is a crucial vote on the attorney general nominee in the Senate Judiciary Committee, which is set to vote Tuesday.
politico.com