One First

215. The Supreme Court and Vietnam The obstacles to litigating the grave legal questions arising from the United States' military operations against Iran can be traced to the Court's refusal to confront similar questions about Vietnam.

215. The Supreme Court and Vietnam • The obstacles to litigating the grave legal questions arising from the United States' military operations against Iran can be traced to the Court's refusal to confront similar questions about Vietnam.

Bonus 214: Emergency Relief from State Courts At a moment in which the Supreme Court's emergency docket is *already* busier than ever, Monday's stay grant in the Malliotakis case wrongly expands it to encompass countless state-court rulings, too.

Bonus 214: Emergency Relief from State Courts • At a moment in which the Supreme Court's emergency docket is *already* busier than ever, Monday's stay grant in the Malliotakis case wrongly expands it to encompass countless state-court rulings, too.

214. The Court's (Selective) Impatience is a Vice The only theme uniting Monday night's twin grants of emergency relief is the Republican appointees' willingness to upend long-settled limits on the Court's power when, but only when, they *want* to.

214. The Court's (Selective) Impatience is a Vice • The only theme uniting Monday night's twin grants of emergency relief is the Republican appointees' willingness to upend long-settled limits on the Court's power when, but only when, they *want* to.

213. The Federal Tort Claims Act One of the reasons why it's so hard to sue the federal government for damages is because, even when Congress *has* authorized such suits, it's imposed limits that are increasingly difficult to defend.

213. The Federal Tort Claims Act • One of the reasons why it's so hard to sue the federal government for damages is because, even when Congress *has* authorized such suits, it's imposed limits that are increasingly difficult to defend.

Bonus 212: The Supreme Court is Not "Reining in" Executive Power The Court's defenders claim the tariffs ruling is part of a trend in which the justices are reining in President Trump and (re-)empowering Congress. The full dataset is overwhelmingly to the contrary.

Bonus 212: The Supreme Court is Not "Reining in" Executive Power • The Court's defenders claim the tariffs ruling is part of a trend in which the justices are reining in President Trump and (re-)empowering Congress. The full dataset is overwhelmingly to the contrary.

SCOTUS Talk with Steve Vladeck! A recording from Steve Vladeck and Chris Cillizza's live video

SCOTUS Talk with Steve Vladeck! • A recording from Steve Vladeck and Chris Cillizza's live video

212. The Gorsuch-Kagan Tariffs Exchange Justice Gorsuch's charge that the Democratic appointees are being inconsistent in how they interpret broad statutory delegations depends upon remarkably superficial analyses of numerous earlier cases.

212. The Gorsuch-Kagan Tariffs Exchange • Justice Gorsuch's charge that the Democratic appointees are being inconsistent in how they interpret broad statutory delegations depends upon remarkably superficial analyses of numerous earlier cases.

Live with Preet Bharara A recording from Steve Vladeck and Preet Bharara's live video

Live with Preet Bharara • A recording from Steve Vladeck and Preet Bharara's live video

211. Making Sense of the Tariffs Ruling Friday's 6-3 ruling reflects an emphatic repudiation of a specific claim of delegated statutory authority by the Trump administration. Folks should be wary about reading it as more—or less—than that.

211. Making Sense of the Tariffs Ruling • Friday's 6-3 ruling reflects an emphatic repudiation of a specific claim of delegated statutory authority by the Trump administration. Folks should be wary about reading it as more—or less—than that.

Bonus 210: Federal Judges Speaking Out A new advisory opinion from the Judicial Conference's Codes of Conduct Committee reinforces the appropriateness of federal judges speaking publicly in defense of their colleagues—and the rule of law.

Bonus 210: Federal Judges Speaking Out • A new advisory opinion from the Judicial Conference's Codes of Conduct Committee reinforces the appropriateness of federal judges speaking publicly in defense of their colleagues—and the rule of law.

210. The President's Lack of Power Over Elections President Trump keeps insisting that he can unilaterally change the rules for voting in the midterms. It's not just that he's *wrong*; it's that there's no mechanism through which he could even *try.*

210. The President's Lack of Power Over Elections • President Trump keeps insisting that he can unilaterally change the rules for voting in the midterms. It's not just that he's *wrong*; it's that there's no mechanism through which he could even *try.*

Bonus 209: State Courts and Federal Prisoners A nerdy detour down a Federal Courts rabbit hole—and into the outsized implications of the Supreme Court's deeply obscure, obtuse, and almost certainly incorrect 1872 ruling in "Tarble's Case"

Bonus 209: State Courts and Federal Prisoners • A nerdy detour down a Federal Courts rabbit hole—and into the outsized implications of the Supreme Court's deeply obscure, obtuse, and almost certainly incorrect 1872 ruling in "Tarble's Case"

5th Circuit on that Detention Bullshit w/ Steve Vladeck A recording from Steve Vladeck and Kate Powell, MPA, CFRE's live video

5th Circuit on that Detention Bullshit w/ Steve Vladeck • A recording from Steve Vladeck and Kate Powell, MPA, CFRE's live video

209. The Modern Emergency Docket Turns Ten The Supreme Court's February 2016 rulings blocking President Obama's Clean Power Plan were unprecedented at the time; in retrospect, they were harbingers of a deep paradigm shift in the Court's role.

209. The Modern Emergency Docket Turns Ten • The Supreme Court's February 2016 rulings blocking President Obama's Clean Power Plan were unprecedented at the time; in retrospect, they were harbingers of a deep paradigm shift in the Court's role.

208. The Fifth Circuit Jumps the Immigration Detention Shark Late Friday, two of the nation's most right-wing circuit judges adopted an odious legal claim that district court judges from across the country (and ideological spectrum) have overwhelmingly rejected

208. The Fifth Circuit Jumps the Immigration Detention Shark • Late Friday, two of the nation's most right-wing circuit judges adopted an odious legal claim that district court judges from across the country (and ideological spectrum) have overwhelmingly rejected

Bonus 207: The Court's True Transparency Problem(s) Monday's New York Times scoop on Chief Justice Roberts having employees sign non-disclosure agreements would hit differently if the justices were *remotely* committed to more transparency elsewhere.

Bonus 207: The Court's True Transparency Problem(s) • Monday's New York Times scoop on Chief Justice Roberts having employees sign non-disclosure agreements would hit differently if the justices were *remotely* committed to more transparency elsewhere.

207. The Justice Department Beclowns Itself (Again) The denouement of DOJ's misconduct complaint against Chief Judge Boasberg provides useful lessons relating to both the Department's continuing misbehavior and the emptiness of calls for impeachment.

207. The Justice Department Beclowns Itself (Again) • The denouement of DOJ's misconduct complaint against Chief Judge Boasberg provides useful lessons relating to both the Department's continuing misbehavior and the emptiness of calls for impeachment.

Bonus 206: Legal Scholarship and the Dual State A few thoughts on the responsibilities of legal academics in a time of increasing governmental lawlessness.

Bonus 206: Legal Scholarship and the Dual State • A few thoughts on the responsibilities of legal academics in a time of increasing governmental lawlessness.

206. "Administrative Warrants" and the Percival Op-Ed ICE is claiming the authority to search private homes without a judicial warrant if it's looking for non-citizens under a "final order of removal." DHS's public defense rests on two incorrect claims.

206. "Administrative Warrants" and the Percival Op-Ed • ICE is claiming the authority to search private homes without a judicial warrant if it's looking for non-citizens under a "final order of removal." DHS's public defense rests on two incorrect claims.

205. Chief Judge Schiltz and the Department of Justice Every federal judge (and justice) should read the two letters from Chief Judge Patrick Schiltz in the church protest case—and what they tell us about the Department of Justice's litigation behavior.

205. Chief Judge Schiltz and the Department of Justice • Every federal judge (and justice) should read the two letters from Chief Judge Patrick Schiltz in the church protest case—and what they tell us about the Department of Justice's litigation behavior.

204. Accountability After Minneapolis A short post explaining (1) why it's so hard to hold federal officers and/or the federal government liable for violating our rights; and (2) how a one-sentence statute could (and *SHOULD*) fix it.

204. Accountability After Minneapolis • A short post explaining (1) why it's so hard to hold federal officers and/or the federal government liable for violating our rights; and (2) how a one-sentence statute could (and *SHOULD*) fix it.

Bonus 203: Correcting the Record in the Social Security/DOGE Case An eye-opening filing by the Department of Justice should give more than a little pause to the justices with respect to one of their earlier grants of emergency relief to the Trump administration.

Bonus 203: Correcting the Record in the Social Security/DOGE Case • An eye-opening filing by the Department of Justice should give more than a little pause to the justices with respect to one of their earlier grants of emergency relief to the Trump administration.

203. Legislative Standing and/After Bost The theory on which five justices concluded that candidates for office have standing to challenge election rules is difficult—at best—to reconcile with the Court's hostility to legislative standing.

203. Legislative Standing and/After Bost • The theory on which five justices concluded that candidates for office have standing to challenge election rules is difficult—at best—to reconcile with the Court's hostility to legislative standing.

202. The Timing of Rulings in Argued Cases Except in highly unusual circumstances or at the very end of each June, the Supreme Court's internal norms make it hard to be confident about which decisions in argued cases will be handed down when.

202. The Timing of Rulings in Argued Cases • Except in highly unusual circumstances or at the very end of each June, the Supreme Court's internal norms make it hard to be confident about which decisions in argued cases will be handed down when.

Bonus 201: Ted Cruz, the AO, and Hannah Arendt Senator Cruz's efforts to impeach two federal judges reached a crescendo on Wednesday—even though the Administrative Office of the U.S. Courts (the "AO") has poured cold water on one set of charges.

Bonus 201: Ted Cruz, the AO, and Hannah Arendt • Senator Cruz's efforts to impeach two federal judges reached a crescendo on Wednesday—even though the Administrative Office of the U.S. Courts (the "AO") has poured cold water on one set of charges.

201. Who is the Chief Justice's Audience? Reading between the lines, there's a lot to commend in Chief Justice Roberts's year-end report. Measured against the year that was, though, its subtleties are for an increasingly shrinking audience.

201. Who is the Chief Justice's Audience? • Reading between the lines, there's a lot to commend in Chief Justice Roberts's year-end report. Measured against the year that was, though, its subtleties are for an increasingly shrinking audience.

200. Five Questions About the Maduro Arrest Operation Friday night's U.S. military operation in Venezuela was a textbook violation of international law. It's also entirely unauthorized by U.S. law, which ought to (but probably won't) matter.

200. Five Questions About the Maduro Arrest Operation • Friday night's U.S. military operation in Venezuela was a textbook violation of international law. It's also entirely unauthorized by U.S. law, which ought to (but probably won't) matter.

Bonus 199: Pugs on Toilets (Happy New Year's!) Karen and Steve ring in 2026 by dusting off the podcast equipment and chatting about 2025's professional and personal highs and lows—and what we're looking forward to in 2026 (not, alas, the Mets).

Bonus 199: Pugs on Toilets (Happy New Year's!) • Karen and Steve ring in 2026 by dusting off the podcast equipment and chatting about 2025's professional and personal highs and lows—and what we're looking forward to in 2026 (not, alas, the Mets).

199. Four Takeaways From the National Guard Ruling A deep dive into last Tuesday's ruling in which a 6-3 majority of the Court stopped the Trump administration from deploying federalized National Guard troops into and around Chicago.

199. Four Takeaways From the National Guard Ruling • A deep dive into last Tuesday's ruling in which a 6-3 majority of the Court stopped the Trump administration from deploying federalized National Guard troops into and around Chicago.

198. Progressive Judicial Institutionalism There's important daylight between those who are critical of the present degree of judicial power in the United States in general and those who are critical of the current Supreme Court, specifically.

198. Progressive Judicial Institutionalism • There's important daylight between those who are critical of the present degree of judicial power in the United States in general and those who are critical of the current Supreme Court, specifically.