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223. The Revealing Summary Reversal in LULAC
1+ day, 5+ hour ago (225+ words) I wanted to put out a quick post to flag this development, because it strikes me that there are three different, but equally newsworthy, points to make about it. In any event, the Court's defenders, like Mc Connell, have stressed,…...
Bonus 221: Sanewashing the Emergency Docket
5+ day, 18+ hour ago (819+ words) One First | Steve Vladeck | Substack Bonus 221: Sanewashing the Emergency Docket Criticisms of the New York Times' Clean Power Plan scoop are ignoring/deflecting from the alarming evidence it provides that the Supreme Court treats Democratic presidents different from Republicans. Three…...
221. Chief Justice Roberts and the Clean Power Plan
1+ week, 1+ day ago (443+ words) Welcome back to "One First," a newsletter that aims to make the U. S. Supreme Court more accessible to lawyers and non-lawyers alike. I'm grateful to all of you for your continued support, and I hope that you'll consider sharing some of…...
Bonus 219: The Demise of the Death Docket
2+ week, 5+ day ago (349+ words) One First | Steve Vladeck | Substack Bonus 219: The Demise of the Death Docket Even as the emergency docket has gotten busier, the Court since OT2020 has largely gotten out of the business of intervening in capital cases'except to un-block executions lower courts…...
219. Drunks, Lampposts, and the Birthright Citizenship Case
3+ week, 1+ day ago (778+ words) Welcome back to "One First," a newsletter that aims to make the U. S. Supreme Court more accessible to lawyers and non-lawyers alike. I'm grateful to all of you for your continued support, and I hope that you'll consider sharing some of…...
Bonus 218: Birthright Citizenship and the Cassandra Problem
3+ week, 5+ day ago (724+ words) One First | Steve Vladeck | Substack Bonus 218: Birthright Citizenship and the Cassandra Problem One of my favorite one-liners about dissenting opinions belongs to Judge Henry Friendly'the highly regarded former Second Circuit judge for whom Chief Justice Roberts and Merrick Garland (among…...
218. Qualified Immunity and the Shadow Docket
4+ week, 1+ day ago (915+ words) Welcome back to "One First," a newsletter that aims to make the U. S. Supreme Court more accessible to lawyers and non-lawyers alike. I'm grateful to all of you for your continued support, and I hope that you'll consider sharing some of…...
Bonus 217: The Day the Supreme Court Wasn't Supreme
1+ mon, 2+ day ago (250+ words) One First | Steve Vladeck | Substack Bonus 217: The Day the Supreme Court Wasn't Supreme In 1944, Congress enacted a statute effectively giving a specific Second Circuit panel the "final and conclusive" power to resolve a landmark antitrust case'because the Supreme Court lacked…...
216. Taking the TPS Cases Seriously
1+ mon, 1+ week ago (324+ words) Welcome back to "One First," a newsletter that aims to make the U. S. Supreme Court more accessible to lawyers and non-lawyers alike. I'm grateful to all of you for your continued support, and I hope that you'll consider sharing some of…...
181. Courts and Domestic Use of the Military
6+ mon, 3+ week ago (250+ words) Here's the full text of section 2 of the act, image first; block quote second, with the key provisions highlighted: In other words, unlike section 1 (which dealt with insurrections and invasions), section 2 imposed two procedural requirements on domestic use of the…...