Jonathan H. Adler
@jadler1969.bsky.social
Father, Husband, W&M LawProf, guy with opinions; @chkbal co-founder; @volokhc.bsky.social contributor; Law before policy before politics; Philly sports always; 'the cowbell of Twitter'-N. Schulz typos are part of the brand.
I am enormously thankful to the editors at YLJ for giving me the opportunity to publish this Essay, and to those who read drafts on a tight timeline. Hoping I get everyone on bluesky - many thanks to @jadler1969.bsky.social, @michaelgerrard.bsky.social @leahlitman.bsky.social for feedback!
@kenjennings.bsky.social one of your Earth Day questions from the other night was in error. Senator Nelson's DDT bill was never enacted. DDT was banned by the EPA through regulation in 1972.
This morning I filed a brief in Suncor Energy v. Boulder County. www.supremecourt.gov/DocketPDF/25... I also blogged about it: reason.com/volokh/2026/...
supremecourt.gov
There were 40 top-side amici filed in Suncor, including one from the SG and one in support of neither side. I'd place over-under on bottom-side briefs at 28 (including mine).
Jonathan H. Adler@jadler1969.bsky.social · 3d agoBottom-side briefs in Suncor v Boulder County are due tomorrow at SCOTUS.
Bottom-side briefs in Suncor v Boulder County are due tomorrow at SCOTUS.
It took almost a year, but the Sixth Circuit has (finally) granted en banc rehearing in Ohio Telecom v. FCC. This is an important case on the scope of the Congressional Review Act's prohibition on the re-issuance of rejected rules. opn.ca6.uscourts.gov/opinions.pdf...
opn.ca6.uscourts.gov
Will Courts Uphold the EPA's Rescission of the "Endangerment Finding"? I'm skeptical. Here are some of my reasons. reason.com/volokh/2026/...
Will Courts Uphold the EPA's Rescission of the "Endangerment Finding"?
In February, the Environmental Protection Agency finalized a regulation rescinding the so-called "endangerment finding"--the finding that the emission of greenhouse…
reason.com
Sweet Home trivia: the original DC Circuit decision is at 1 F.3d 1.
As expected, Trump Admin rescinds ESA "harm" definition upheld in Sweet Home. Less expected, explanation offered in final rule is quite thin, resting solely on claim rule not "best" interpretation of statute. 1/
"... not appropriate, at least not now" to use the term "shadow docket," Kagan tells Congress, citing changes the court has made to how it handles cases.
Maybe good character is both an ethical and a practical plus among political figures.
If you're starting law school this fall, and you're new to the legal system, here's a good overview of some basics that was presented as part of an orientation at UVA Law a few years ago by Dean Leslie Kendrick. www.youtube.com/watch?v=d75u...
Overview of the American Legal System
YouTube video by University of Virginia School of Law
youtube.com
"The Founders did not stumble into a diverse, immigrant-heavy society by accident—they lived through it, debated it, and ultimately enshrined it in a Constitution that barred religious tests for office and left the door open to immigrants of every nation and faith" www.cato.org/blog/founder...
I appreciate the engagement from @anthonymkreis.bsky.social, but I am not sure this thread responds to the core of my post, which discusses why I expect the broader legal-politocal debate to continue.
Anthony Michael Kreis@anthonymkreis.bsky.social · last mo.Sorry to respond to @jadler1969.bsky.social on “BlueScream,” but a few thoughts. First, the common law used subject to the jurisdiction or similar terms of art for the same concept in Law French dating to the Middle Ages. The text is unambiguous, but more so if viewed in a greater scheme over time.
Trump's Supreme Court losses mask some huge wins for conservative priorities. "It was certainly a conservative term. It was not a Trump term,” says @jadler1969.bsky.social "... a wildly conservative and destructive court," says @cshaplaw.bsky.social 👇 www.nbcnews.com/politics/sup...
Supreme Court plots its own conservative path amid Trump challenges
A review of this term’s decisions shows the court’s conservatism sometimes intersects with Trump’s, but not always. Though Trump had major losses, he also won new powers.
nbcnews.com
Hypo: Congress enacts law saying that visiting FIFA teams and their entourages are to be treated like diplomats for all legal purposes, including 14A (so no birthright citizenship if any give birth). Is this constitutuonal?
Here’s Kaplan’s BAR® Question of the Day. I . . . really don’t think that this is a good question, and if I were running a bar prep service, it’s definitely not one I’d trot out as an example of the kinds of questions I offer. Curious what others think here. www.kaplanquizzes.com/bar/?id=3373...
Updated SCOTUS predictions (worth even less given how poor my track record is) Roberts: Birthright, Slaughter, Cook BK: NRSC, Trans Sports cases Thomas/Barrett: Watson Kagan: Chatrie
Jonathan H. Adler@jadler1969.bsky.social · last mo.SCOTUS predictions worth what you paid for them. Roberts - Slaughter, Cook, Barbara Alito - NRSC, Watson, Wolford Kav - TPS, Title IX cases Kagan - Monsanto Thomas or Barrett - Al Otro Lado Chatrie - ? (ask @orinkerr.bsky.social )
5th Cir.: it would violate clearly established law for deputy to discharge high-velocity pepper spray from half the manufacturer-approved minimum safe distance into face of handcuffed and seat-belted suspect in retaliation for kicking police car door. No QI. www.ca5.uscourts.gov/opinions/pub...
“We propose that state supreme courts amend their rules of professional conduct to impose a uniform ‘hold open’ date for offers until Oct. 1 of students’ 2L year for 2L summer positions.” @marklemley.bsky.social & I have an op-ed in Bloomberg on early recruiting news.bloomberglaw.com/us-law-week/...
State Supreme Courts Can Resolve Early Legal Recruiting Mess
Opinion: Imposing a uniform "hold open" date for job offers to law students would likely put much-needed brakes on accelerated recruiting.
news.bloomberglaw.com
SCOTUS predictions worth what you paid for them. Roberts - Slaughter, Cook, Barbara Alito - NRSC, Watson, Wolford Kav - TPS, Title IX cases Kagan - Monsanto Thomas or Barrett - Al Otro Lado Chatrie - ? (ask @orinkerr.bsky.social )
Happy to sign on to this. Attorneys should not lie to or mislead judges, regardless of the cause in which they are doing so.
Jonathan H. Adler@jadler1969.bsky.social · 2mo agoI had hoped there would be a consensus over here that lack of candor to courts is a grave problem, no matter who does it or for what purpose. It seems I was mistaken.
The Most Interesting Supreme Court Opinion Line-Up You Will See This Year (and it took a Rooker-Feldman case to do it). reason.com/volokh/2026/...
The Most Interesting Supreme Court Opinion Line-Up You Will See This Year
Leave it to the Rooker-Feldman doctrine to divide the justices in an unusual way.
reason.com
I had hoped there would be a consensus over here that lack of candor to courts is a grave problem, no matter who does it or for what purpose. It seems I was mistaken.
