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Steve Leben

@steveleben

Law professor at UMKC Law School in Kansas City, writing about procedural justice. Former Kansas state trial and appellate judge.

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24.02.2025
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Latest posts by Steve Leben @steveleben

What I learned today: while having ChatGPT calculate readability scores on the opinions I wrote in 13 years as an appellate judge, I learned that . . .

I wrote 1.88 million words.

Now Iโ€™m tired.

05.11.2025 14:57 ๐Ÿ‘ 6 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

Iโ€™m left with two questions: 1. Who would buy this book? 2. Who would ever hire her again to do communications work?

And I know, to quote something I just read, โ€œIโ€™m not the only person who feels this.โ€

28.10.2025 12:20 ๐Ÿ‘ 3 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

Are there any slogans today that might still be remembered in 50 years?

26.10.2025 15:06 ๐Ÿ‘ 3 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0
Zenith Television 1970 TV commercial
Zenith Television 1970 TV commercial YouTube video by robatsea2009

I was thinking today about what makes a slogan memorable, and I was struck by my recollection of โ€œZenith: the quality goes in before the name goes on.โ€ I first heard it in the โ€˜60s (though it predates that). If the brand were still around, Iโ€™d probably still buy one. www.youtube.com/watch?v=OhZ1...

26.10.2025 15:03 ๐Ÿ‘ 4 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0
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184. The Massive Stakes of Trump v. Illinois The Trump administration's 29th emergency applicationโ€”to let it deploy federalized National Guard troops in Chicago on a profoundly dubious factual predicateโ€”is a make-or-break moment for the Court.

โ€œWhat is to stop Trump from making comparably inflated claims about the situations on the ground in other American cities as a pretextual basis for deploying troops? And whatโ€™s to stop him from making those claims not tomorrow, but next Novemberโ€”on the eve of the midterms?โ€

Me, via โ€œOne Firstโ€:

20.10.2025 11:29 ๐Ÿ‘ 922 ๐Ÿ” 342 ๐Ÿ’ฌ 35 ๐Ÿ“Œ 10
"Anna, Lindsey Halligan Here."
Anna Bower
Monday, October 20, 2025, 5:40 PM
Share On: f X inK My Signal exchange with the interim U.S. attorney about
the Letitia James grand jury.

"Anna, Lindsey Halligan Here." Anna Bower Monday, October 20, 2025, 5:40 PM Share On: f X inK My Signal exchange with the interim U.S. attorney about the Letitia James grand jury.

EXCLUSIVE: One Saturday afternoon in October, my phone lit up with a notification.

I glanced down at the message.

โ€œAnna, Lindsey Halligan here,โ€ it began.

So began my text exchange with the woman who is prosecuting the president's perceived political enemies.

www.lawfaremedia.org/article/anna...

20.10.2025 22:09 ๐Ÿ‘ 21869 ๐Ÿ” 6846 ๐Ÿ’ฌ 1479 ๐Ÿ“Œ 1938

This is an infuriating and shameful scandal. The Roberts Court is condoning Trumpโ€™s law breaking, again, pure and simple. There is no serious path forward for democratic government without Supreme Court reform.

26.09.2025 20:48 ๐Ÿ‘ 1770 ๐Ÿ” 631 ๐Ÿ’ฌ 58 ๐Ÿ“Œ 30

His substack really is essential to anyone who wants a written source to understand the Supreme Court today. Itโ€™s hard to separate whatโ€™s important from whatโ€™s not. One First lays it out very clearly.

27.09.2025 14:34 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

Yay to smiling faces, a good cause for joy (ice cream!), and the contributions each of you make to our world!

27.09.2025 14:31 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

Sheena is the must-follow to understand what Kennedy et al are doing to US vaccines (and other medicines)

26.09.2025 17:23 ๐Ÿ‘ 77 ๐Ÿ” 27 ๐Ÿ’ฌ 6 ๐Ÿ“Œ 0
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The Trump administrationโ€™s playbook of coercing speech comes into focus โ€ข Missouri Independent By threatening ABC over a comedianโ€™s on-air comments, FCC chairman Brendan Carr violated core First Amendment limits on the government.

Last week, I was on a Missouri Bar conference panel to talk about current threats to the rule of law. Under FCC licensing threats, ABC suspended Jimmy Kimmel the night before the presentation. It was a perfect (and transparent) example of a wider playbook. missouriindependent.com/2025/09/25/t...

25.09.2025 11:38 ๐Ÿ‘ 2 ๐Ÿ” 1 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

What are the Chiefs chances either way on this weekโ€™s game? Iโ€™d guess itโ€™s more significant for them.

25.09.2025 11:52 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0
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The Trump administrationโ€™s playbook of coercing speech comes into focus โ€ข Missouri Independent By threatening ABC over a comedianโ€™s on-air comments, FCC chairman Brendan Carr violated core First Amendment limits on the government.

Last week, I was on a Missouri Bar conference panel to talk about current threats to the rule of law. Under FCC licensing threats, ABC suspended Jimmy Kimmel the night before the presentation. It was a perfect (and transparent) example of a wider playbook. missouriindependent.com/2025/09/25/t...

25.09.2025 11:38 ๐Ÿ‘ 2 ๐Ÿ” 1 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

Todayโ€™s message of hope comes from a 1922 editorial by Pulitzer-Prize-winning Kansas newspaperman William Allen White. Still worth reading a century later.

14.09.2025 13:43 ๐Ÿ‘ 2 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0
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174. Justice Gorsuch's Attack on Lower Courts Just like the earlier rulings that Justice Gorsuch claims lower courts are defying, his concurrence in the NIH grant cutoffs case would be a lot more convincing if it showed more of its work.

In the NIH funding case, Justice Gorsuch (joined by Justice Kavanaugh) claimed that this was the third time in recent weeks that lower courts had "defied" a #SCOTUS ruling.

As today's "One First" explains, that claim is not only nonsense; it's enabling a dangerous anti-court narrative on the right:

25.08.2025 11:46 ๐Ÿ‘ 1114 ๐Ÿ” 448 ๐Ÿ’ฌ 78 ๐Ÿ“Œ 38
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Gov. Laura Kelly selects Leawood attorney to fill vacancy on Kansas Supreme Court โ€ข Kansas Reflector Gov. Laura Kelly picks an attorney in private practice to serve on Kansas Supreme Court, bypassing two district court judges also nominated for the post.

Congratulations to Larkin Walsh, an excellent choice for the Kansas Supreme Court, chosen through merit selection. kansasreflector.com/2025/08/07/g...

07.08.2025 17:00 ๐Ÿ‘ 1 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0
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Allen Rostron Named Edward A. Smith/Missouri Chair in Law, the Constitution and Society School of Law professor honored for commitment to students and community

Congratulations to my colleague, Allen Rostron, on being named the Edward A. Smith/Missouri Chair in Law, the Constitution and Society at โฆโ€ช@UMKCLawโ€ฌโฉ. He is a great teacher and scholarโ€”and so easy to work with. Congrats, Allen! www.umkc.edu/news/posts/2...

24.07.2025 15:41 ๐Ÿ‘ 1 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

Why did it happen to Liz???

23.07.2025 20:19 ๐Ÿ‘ 2 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

Since @orinkerr.bsky.social asked, a thread, from limited information reported online, about how I see the US attorney mess in DNJ.

1. Trump picked Habba as interim US Attorney under 28 USC 546. Technically, the AG is supposed to pick, but whatever. She gets 120 days to serve.

22.07.2025 23:34 ๐Ÿ‘ 677 ๐Ÿ” 176 ๐Ÿ’ฌ 12 ๐Ÿ“Œ 24

Sorry, Iโ€™m not here daily. I will check on it.

23.07.2025 00:30 ๐Ÿ‘ 1 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

Have you read a law review article recently that you thought was particularly great and deserving of a wider readership?

If so, leave a link to it as a reply, together with a quick take on what made it great.

09.07.2025 05:42 ๐Ÿ‘ 79 ๐Ÿ” 27 ๐Ÿ’ฌ 15 ๐Ÿ“Œ 2
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In Flooded Texas, Questions About FEMAโ€™s Role and Fate

Contra NY Times, there is not even an official acting FEMA head. Cameron Hamilton (pushed out) & now David Richardson don't qualify under the Vacancies Act, "leading" the agency through delegation as the "Senior Official Performing the Duties of FEMA Administrator." www.nytimes.com/2025/07/08/c...

09.07.2025 21:28 ๐Ÿ‘ 52 ๐Ÿ” 25 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0
Kristi L. Noem
Harvard flouted the rules. Now, itโ€™s getting a hard lesson.

Kristi L. Noem Harvard flouted the rules. Now, itโ€™s getting a hard lesson.

Jeff Bezos: "We are going to be writing every day in support and defense of two pillars: personal liberties and free markets."

Today's Washington Post opinion page:

23.06.2025 13:01 ๐Ÿ‘ 4031 ๐Ÿ” 821 ๐Ÿ’ฌ 206 ๐Ÿ“Œ 62

October 2024 Term #SCOTUS rulings to date from which all three Democratic appointees dissented:

On the merits docket: 3

On emergency applications: 9

That tells you quite a lot about where the most important action is...

24.06.2025 03:07 ๐Ÿ‘ 1276 ๐Ÿ” 262 ๐Ÿ’ฌ 18 ๐Ÿ“Œ 8
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SCOTUS allows Trump admin to deport people to random countries with no notice Justice Sotomayor called the order a "gross ... abuse" of the court's authority. Also: Law Dork in the media.

"SCOTUS allows Trump admin to deport people to random countries with no notice"

Honestly still can't believe that I wrote this headline today, let alone that the U.S. Supreme Court's majority did so.

24.06.2025 01:47 ๐Ÿ‘ 1947 ๐Ÿ” 680 ๐Ÿ’ฌ 84 ๐Ÿ“Œ 91

Did you ever see the movie That Darn Cat?

๐Ÿค”

24.06.2025 02:35 ๐Ÿ‘ 1 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

Oooh. 100%. Well, maybe 98%. Lots of the actors in The Americans did great work.

But I would never substitute for Keri Russell.

24.06.2025 00:38 ๐Ÿ‘ 1 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0
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161. The Court's Disastrous Ruling in the Third-Country Removal Case The majority did not just greenlight an especially odious immigration policy without any explanation; it did so in a case in which the government defied the district courtโ€”twiceโ€”with no consequence.

Todayโ€™s unsigned, unexplained #SCOTUS ruling clearing the way for removals of migrants to third countries without any additional process is a disasterโ€”not just on the merits, but because of the government misbehavior that it not only refuses to punish, but effectively rewards.

Me, via โ€œOne Firstโ€:

23.06.2025 21:59 ๐Ÿ‘ 9232 ๐Ÿ” 3438 ๐Ÿ’ฌ 561 ๐Ÿ“Œ 314
Video thumbnail

The โ€œThird Country Removal Caseโ€ means thousands of people will be deported to extremely dangerous countries theyโ€™re not from with no due process.

24.06.2025 00:12 ๐Ÿ‘ 194 ๐Ÿ” 88 ๐Ÿ’ฌ 17 ๐Ÿ“Œ 10

This decision represents something that should never happen in a justice system: the nationโ€™s highest court has ruled on an issue affecting millionsโ€”without explanation. Courts donโ€™t have absolute power; they should be following rules. Without an explanation, who knows?

24.06.2025 00:17 ๐Ÿ‘ 10 ๐Ÿ” 10 ๐Ÿ’ฌ 3 ๐Ÿ“Œ 0