
Steve Vladeck
@steve_vladeck
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@ksvesq’s husband; father of daughters; prof. @GeorgetownLaw; #SCOTUS nerd @CNN & https://t.co/idn6dtcBR3; NYT bestseller: https://t.co/FmqTSPSMH3; #LGM
Taxation w/o Representation
Joined September 2011
I'm going to continue posting to this site, but not engaging. It's just not worth the steady stream of toxicity and venom. I'll be much more active over where the sky is blue (stevevladeck), and, of course, through my newsletter ( https://t.co/1ui2DpY3Cq). Hope to see you there.
stevevladeck.com
A weekly newsletter aiming to make the Supreme Court’s rulings, procedures, and history more accessible to all. Click to read One First, a Substack publication with tens of thousands of subscribers.
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For today’s bonus “One First,” I wrote about the slow but steady evisceration of effective damages remedies against federal officers who violate our constitutional rights—and the disappearance of a critical deterrent against abusive governmental behavior: https://t.co/C9CVqSbuj5
stevevladeck.com
It's worth reflecting on how different things might look right now if federal officers—or the federal government itself—faced a meaningful specter of monetary liability for constitutional violations.
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The federal government does and should have the power to deploy troops domestically—even without local consent—*when the circumstances warrant it.* Me on why the real issue in Portland, Chicago, and elsewhere is the missing / contrived factual predicate: https://t.co/PL9uMFOPoK
nytimes.com
The president’s claims about cities don’t hold up.
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With the new #SCOTUS term beginning today, this week’s “One First” looks at the final data on emergency applications from the October 2024 Term—one in which the justices set all kinds of records, most of which are unhealthy for the Court and the country: https://t.co/1KTplRSkpf
stevevladeck.com
As the October 2025 Term officially begins, it's worth taking a moment to highlight the record-setting—and revealing—final statistics for how the justices handled emergency applications during OT2024.
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Lots of noise today from the President's advisers and supporters about courts not having the power to provide prospective relief against domestic uses of the military. Via "One First," me on the key early precedent that is *entirely* to the contrary: https://t.co/CPx7rtvoct
stevevladeck.com
In response to adverse judicial rulings, the President's advisers and supporters are claiming courts lack the power to halt domestic use of the military. A critical early precedent is to the contrary.
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Here’s a really helpful @cnn.com video explaining what’s actually happening with emergency applications at #SCOTUS, and why they’ve become so controversial (with a cameo from me): https://t.co/1nGym5SBpK
cnn.com
As President Trump continues to test precedents, the Supreme Court is seeing a high number of “shadow docket” cases. Here’s why that’s so controversial.
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Federal law doesn't recognize the concept of a "domestic terrorist organization." Via "One First," me on how that hasn't stopped President Trump from using the term to justify investigations of (and suppress) lots of constitutionally protected speech: https://t.co/8YXbylkuw0
stevevladeck.com
The Trump administration is hoping no one notices that, although federal law *defines* "domestic terrorism," it provides no special authorities against anyone whose behavior *meets* that definition.
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The Roberts Court turns 20 today. For “One First,” I wrote about all of the ways in which the Chief Justice bears direct responsibility—for better or worse—for how much less popular and more divisive the Court is today than it was on September 29, 2005: https://t.co/YzQZm8cvv1
stevevladeck.com
The Supreme Court is much less popular and much more divisive today than it was when John Roberts was sworn in as the 17th Chief Justice on September 29, 2005. And at least much of that is his fault.
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Monday's #SCOTUS ruling in Slaughter highlights the extent to which the justices have reconfigured the relationship between the "likelihood of success on the merits" and stare decisis—without ever deigning to explain why. Me in today's bonus "One First": https://t.co/3yaibIBmzx
stevevladeck.com
The Court's recent treatment of Humphrey's Executor may only encourage lower-court judges to do exactly what Justices Gorsuch and Kavanaugh purported to rail against in August: not follow precedents.
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Today’s “One First” looks at the status of the birthright citizenship cases—and their lessons for what we miss when we ignore cases in which Trump admin. is both losing and not seeking emergency/expedited relief. It turns out that those are the majority: https://t.co/hwhPrA3MBn
stevevladeck.com
Notwithstanding the Court's June ruling, President Trump's birthright citizenship executive order remains blocked—a broader lesson on the risks of paying attention to only one part of the news cycle.
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Last March, Justice Barrett argued that “administrative” stays should be rare and of very limited duration. As today’s bonus “One First” notes, in the 18 months since, they’ve only proliferated at #SCOTUS, and lower courts have continued to abuse them: https://t.co/weWgy1hbsY
stevevladeck.com
As emergency relief has become more prevalent in the Supreme Court, so, too, have "administrative" stays—notwithstanding Justice Barrett's March 2024 concurrence urging more restraint in the practice.
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After recapping an unusually busy week of #SCOTUS news, today’s “One First” reflects on the “Gold Clause Cases”—three 1935 rulings that were portrayed in apocalyptic terms at the time, but that, for various reasons, have largely receded from history: https://t.co/spdLEvgBFo
stevevladeck.com
The Court's 1935 rulings effectively allowing the federal government to override the contractual consequences of devaluing U.S. currency were viewed in apocalyptic terms at the time, but aren't today.
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"If this is the kind of analysis that’s driving the justices’ votes in the other Trump-related cases, perhaps it really is understandable why the Court is so often declining to explain itself." Me on Justice Kavanaugh's concurrence in the ICE raids case: https://t.co/nL3MtkOdBZ
stevevladeck.com
Walking through the only opinion written in support of Monday's Supreme Court stay in the ICE roving arrests case helps to highlight *how* the Court may be stacking the deck in Trump-related cases.
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"If this is the kind of analysis that’s driving the justices’ votes in the other Trump-related cases, perhaps it really is understandable why the Court is so often declining to explain itself." Me on Justice Kavanaugh's concurrence in the ICE raids case: https://t.co/nL3MtkOdBZ
stevevladeck.com
Walking through the only opinion written in support of Monday's Supreme Court stay in the ICE roving arrests case helps to highlight *how* the Court may be stacking the deck in Trump-related cases.
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Justice Kavanaugh's attempt to re-brand how the Supreme Court handles emergency applications is belied by how the Supreme Court is actually handling emergency applications. That, and a bunch of other #SCOTUS news, in this week’s “One First”: https://t.co/RayTL0aNxI
stevevladeck.com
Justice Kavanaugh's attempt to re-brand how the Supreme Court handles emergency applications is belied by how the Supreme Court is actually handling emergency applications.
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Today's bonus "One First" critiques the increasingly noisy claim that legal constraints don't matter in the current moment—why it's belied by what's happening on the ground (and by what law can *do*); & why, in many respects, it's affirmatively dangerous: https://t.co/uMehexVaKY
stevevladeck.com
Law is not—and never will be—a perfect constraint on government action. But claims that legal limits have become wholly irrelevant to the current administration are not just wrong; they're dangerous.
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#BREAKING: Fifth Circuit (Southwick & Ramirez, JJ.) holds that President Trump’s invocation of the Alien Enemies Act against Tren de Aragua is unlawful, and blocks AEA removals in the Northern District of Texas (over a lengthy dissent from Judge Oldham): https://t.co/0Hkgdz2Gvs
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Me on the statute President Trump would rely upon to deploy un-federalized Texas National Guard troops to Illinois; why such a deployment without Illinois's consent *ought* to be unlawful; and the options Illinois will have for litigating that issue: https://t.co/SNcnf3U39V
stevevladeck.com
A quick look at President Trump's (apparent) plan to send uninvited and un-federalized Texas National Guard troops into Illinois—and how it could (and maybe should) quickly end up in the Supreme Court
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Judge Breyer has held that the Trump administration *violated* the Posse Comitatus Act in its military deployments in/around Los Angeles, and has enjoined further use of those troops for law enforcement tasks. The order is stayed through 12 PDT on 9/12: https://t.co/nFSmuO0BrQ
utexas.app.box.com
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Just posted the latest #SCOTUS update to TikTok: https://t.co/3SiDPCDXJ7
tiktok.com
752 likes, 22 comments. “#SCOTUS update for September 2, 2025—a typically quiet time for the #SupremeCourt but with a lot of major rulings looming.”
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