Lisa Eskow

@lisaeskow.bsky.social

SCOTUS Clinic @UTexasLaw, Mom of Film Student, Pickleballer, Forever NYer

After recapping a busy week of #SCOTUS news, today's "One First" takes a deep dive into our new cert. petition challenging the constitutionality of the "short-martial"—the mandatory bench trials that Congress first authorized for servicemembers starting in 2019: www.stevevladeck.com/p/114-histor...

114. History, Tradition, and the "Short-Martial"

From the Founding until 2018, servicemembers had a right to be tried by a panel of fellow servicemembers. A new cert. petition asks whether Congress violated due process when it took that right away.

stevevladeck.com

A modest change to #SCOTUS's appellate jurisdiction over courts-martial goes into effect today. Previously, the justices could hear appeals only from cases that the Court of Appeals for the Armed Forces (CAAF) heard. Going forward, the justices can also act when CAAF *denies* discretionary review.

Such a pleasure, as always, to collaborate and a great opportunity for the @utexaslaw.bsky.social Supreme Court Clinic students to work with you on this important issue.

Steve Vladeck@stevevladeck.bsky.social · 2y ago

I'm indebted to my co-counsel—the superstar Megan Marinos from the Navy Appellate Defense Division; and my former colleagues at the @utexaslaw.bsky.social Supreme Court Clinic—and to two of my @georgetownlaw.bsky.social research assistants, Ricky Coyne and Alyssa Negvesky, for their invaluable help!

We've been doing a lot more cases at @ij.org against police officers who execute warrants on the wrong people and places. The mistakes are often inexcusable, and so are the insane theories courts have come up with for why the innocent victims can't recover any damages. I'll run through a few...

This week’s “One First” recaps a busy week at SCOTUS & looks ahead to another one before taking a deep dive into one of the Court’s more obscure—but important—authorities: the power to issue “original” writs of habeas corpus if no other review is available: stevevladeck.substack.com/p/68-origina...

68. "Original" Writs of Habeas Corpus

A new opinion by Justice Sotomayor highlights one of the Court's more obscure powers—and the serious constitutional question that could arise from the justices' unwillingness to ever use it.

stevevladeck.substack.com