Steve Vladeck @steve_vladeck
@ksvesq’s husband; father of daughters; C.A. Wright Chair in Federal Courts @UTexasLaw; #SCOTUS nerd @CNN; NYT bestseller: https://t.co/FmqTSPSMH3; #LGM law.utexas.edu/faculty/stephe… Austin, TX Joined September 2011-
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The lawsuit, which was filed in the Dallas division of the Northern District (so, no attempt at Northern District judge-shopping), has been assigned to Judge Ada Brown—a Trump appointee.
The lawsuit, which was filed in the Dallas division of the Northern District (so, no attempt at Northern District judge-shopping), has been assigned to Judge Ada Brown—a Trump appointee.
Great piece which also highlights a terrific student article in the current @HarvLRev examining nationwide injunctions. (Nationwide relief: The bane of my DOJ life).
Great piece which also highlights a terrific student article in the current @HarvLRev examining nationwide injunctions. (Nationwide relief: The bane of my DOJ life).
This is great. Even better because we’re talking about universal injunctions in class today.
As a reminder, the Court has already granted emergency relief *twice* to keep the "ghost guns" ban in effect after lower courts in the Fifth Circuit had blocked it.
As a reminder, the Court has already granted emergency relief *twice* to keep the "ghost guns" ban in effect after lower courts in the Fifth Circuit had blocked it.
Justice Gorsuch is right that nationwide relief has become too pervasive in lower courts. But his concurrence in the Idaho transgender medical care case never considers why it might *sometimes* be appropriate—or the cases in which he voted in favor of it. New, via “One First”:
Coming tomorrow morning: After recapping a busy week at #SCOTUS, this week's "One First" focuses on Justice Gorsuch's critiques of nationwide injunctions; why last week's Idaho case was a strange vehicle for airing them; & how his own votes have been inconsistent on the subject:
Things you find while packing: Your husband’s 23-year-old law school rejections. @BerkeleyLaw: 1 @steve_vladeck: 0
My review of @steve_vladeck 's great supreme court book, The Shadow Docket, is now freed from behind the paywall. 3 minute intro about getting hit in the head at U2's concert at The Sphere not related to the book. youtube.com/watch?v=5v1hd7…
In today’s “One First” bonus issue (for paid subscribers), me on what’s right—and what’s wrong—with Justice Kavanaugh’s defense of #SCOTUS’s approach to emergency applications in his concurring opinion re: Idaho’s ban on gender-affirming medical care for transgender adolescents:
Texas as a party was 0-4 last term at #SCOTUS, and it *lost* its first case this term on Tuesday (with a unanimous Court *vacating* the Fifth Circuit's ruling in its favor). In Ken Paxton's alternate reality, Texas won.
Texas as a party was 0-4 last term at #SCOTUS, and it *lost* its first case this term on Tuesday (with a unanimous Court *vacating* the Fifth Circuit's ruling in its favor). In Ken Paxton's alternate reality, Texas won.
Here's my messy spreadsheet tracking #SCOTUS's merits cases during its current term, updated for the two decisions that the justices handed down this morning. Among other things, you can see the (unsurprising) stacking up of pending decisions in "major" cases:
I regularly count my lucky stars that I’m married to a parenting guru:
I regularly count my lucky stars that I’m married to a parenting guru:
#SCOTUS's stay in the Idaho transgender medical care case is the seventh grant of emergency relief so far this term. And it's also the seventh time that the three Democratic appointees have publicly dissented from a ruling respecting an emergency application. Updated chart:
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@smmarotta @Garrett_Archer Obviously by denying the petition SCOTUS actually granted the petition at the secret Guantanamo scotus.
@steve_vladeck @kobiasjr @smmarotta Listen, I'd be fine with a snack break between arguments on days like today.
We all knew this take was coming. No one ever, EVER, faults men for being prolific. I am so unbelievably sick of people trying to tear her down. Move along, small ones.
Taylor Swift has been inescapable over the last year. With the release of The Tortured Poets Department, her latest (very long) album, some fans seem to finally be feeling fatigued. nyti.ms/4aLU4mj
Great piece which also highlights a terrific student article in the current @HarvLRev examining nationwide injunctions. (Nationwide relief: The bane of my DOJ life).
Justice Gorsuch is right that nationwide relief has become too pervasive in lower courts. But his concurrence in the Idaho transgender medical care case never considers why it might *sometimes* be appropriate—or the cases in which he voted in favor of it. New, via “One First”:
@steve_vladeck @stevenmazie All but the last plague was facially neutral on nationality.
@steve_vladeck @stevenmazie If they had outlawed only tents, daiyenu. If they had outlawed only bedding, daiyenu. If they had outlawed only stone tablets, daiyenu. If they had outlawed only breathing, daiyenu.
@steve_vladeck These are gonna be some interesting arguments… what would have the founding fathers thought about 3D printers?
@steve_vladeck @stevenmazie I’m pretty sure they/we were sleeping in public and eating manna out in the open, though… risking arrest for decades
@steve_vladeck inb4 blackman amicus requesting argument time
This is great. Even better because we’re talking about universal injunctions in class today.
Justice Gorsuch is right that nationwide relief has become too pervasive in lower courts. But his concurrence in the Idaho transgender medical care case never considers why it might *sometimes* be appropriate—or the cases in which he voted in favor of it. New, via “One First”:
@steve_vladeck This was a case where universal relief is required because isolating relief to plaintiffs makes it impossible to access care. Providers will leave, malpractice insurance will stop covering Drs, pharmacies will refuse to fill RXs, and the plaintiffs will have to out themselves.
@TrueVAIndie You sound like Kim Mulkey when she tried to get out in front of that WaPo story lol.
Very proud of my student, Adem!
Adem Osmani, a student fellow in the Global Religious Persecution & Immigration section of @NDLaw's Religious Liberty Clinic, has been competitively selected as an @acslaw Next Generation Leader. We are so proud of you, Adem! Read more here: law.nd.edu/news-events/ne…
@KSVesq @BerkeleyLaw @steve_vladeck Big mistake. Major.
@steve_vladeck Roxy has great taste in laptop stickers.
@KSVesq @BerkeleyLaw @steve_vladeck I would respectfully submit that this is actually @BerkeleyLaw: 0, @steve_vladeck: 1 !