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“57. Another Bad Day for the Purcell “Principle”; A new decision by the full Fifth Circuit helps to illustrate some of the many problems with how the Supreme Court says lower courts are supposed to handle emergency applications in election cases.”
11 Dec 2023, 7:10 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“35. The Unnecessary Cruelty of Jones v. Hendrix: A 6-3 majority says there’s ‘nothing incongruous’ about a ruling that will leave thousands of federal prisoners with no remedy for challenging convictions or sentences that have become unlawful.”
10 Jul 2023, 7:40 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“34. ‘What a Difference Five Years Makes . . .’ The justices wrapped up their scheduled annual business with a series of blockbuster rulings reinforcing just how far to the right the Court has moved since 2018.”
3 Jul 2023, 5:23 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“2. Opinions and Orders: This week’s issue offers an introduction to the two very different ways in which the Supreme Court resolves disputes, and why our attention tends to focus too much on one at the expense of the other.”
22 Nov 2022, 7:50 am by Howard Bashman
” Steve Vladeck, who may know a thing or two about something, has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
JOTWELL: Tushnet on the Junior Fed Courts Workshop
14 Jan 2015, 6:31 am by Howard Wasserman
Our own Steve Vladeck began this program all the way back in 2008 and I had the privilege and pleasure of hosting back in 2011. [read post]
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
“20. ‘Munsingwear Vacaturs’: A dissent from Justice Jackson criticized the Court’s growing use of summary orders to wipe away lower-court rulings after appeals become moot; If anything, she understated the problems.”
27 Mar 2023, 6:44 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“23. The Resignation of Justice Fortas: The only scandal-impelled resignation of a Supreme Court Justice in the Court’s history provides a revealing yardstick against which to measure current events.”
17 Apr 2023, 7:12 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“61. The October 2023 Term, One Quarter In . . . Friday’s cert. grants in the Trump disqualification and Idaho EMTALA cases round out the docket for what could end up as one of the most momentous terms in the Court’s history.”
8 Jan 2024, 6:27 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“54. The Politics of the Justices’ Pensions: From Reconstruction through the New Deal, Congress regularly used its power over the justices’ pensions to incentivize or restrict judicial departures — and to otherwise exert leverage over the Court.”
20 Nov 2023, 7:03 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
"In an appropriate case, we should reconsider our qualified immunity jurisprudence." (SCOTUS Symposium)
19 Jun 2017, 1:35 pm by Will Baude
The Court's ruling implicated several different procedural doctrines, and may prove to be the ultimate cap on almost all "Bivens" suits for damages against federal officials (as Steve Vladeck discusses in this thread and as Howard posted here earlier). [read post]
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
Serial 2:4
8 Jan 2016, 6:21 am by Eric Carpenter
(Steve Vladeck shares some of his angst about this season here.) [read post]
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
“25. Judicial Independence vs. Judicial Accountability; The debate over whether individual Justices have behaved appropriately in specific cases underscores why it’s so important for the Supreme Court as an institution to be more accountable.”
3 May 2023, 6:40 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
Two interesting § 1983 ideas (corrected)
4 Jun 2022, 9:08 am by Howard Wasserman
1) Steve Vladeck has an essay at MSNBC on the Court's shrinking docket and slow pace. [read post]
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
"US appeals court reconsiders decision on ex-bin Laden aide"
1 Dec 2015, 10:34 am
Update: Also at "Just Security," Steve Vladeck has a post titled "Counting to Six in Al Bahlul IV. [read post]
How Appealing - http://howappealing.abovethelaw.com
“21. United States v. Nixon: In July 1974, the Supreme Court effectively cleared the way for the ouster of a sitting President—in a ruling that may have ultimately *bolstered* the presidency as an institution.”
4 Apr 2023, 6:45 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“68. ‘Original’ Writs of Habeas Corpus: A new opinion by Justice Sotomayor highlights one of the Court’s more obscure powers—and the serious constitutional question that could arise from the justices’ unwillingness to ever use it.”
26 Feb 2024, 10:05 am by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
“11. The Leak Investigation and the Separation of Powers: The Supreme Court clearly *could* have done more to get to the bottom of the Dobbs leak; Whether it *should* have raises messier questions about the Court’s relationship with the executive branch.”
23 Jan 2023, 12:20 pm by Howard Bashman
” Steve Vladeck has this post at his “One First” Substack site. [read post]
How Appealing - http://howappealing.abovethelaw.com
"The Al Bahlul Argument: Article III, Conspiracy, and Precepts of International Law."
23 Oct 2014, 11:28 am
At "Just Security," Steve Vladeck has a post titled "Due Process and the Military Commissions. [read post]
How Appealing - http://howappealing.law.com/
Tuesday round-up
29 Sep 2020, 6:56 am by James Romoser
In an essay for SCOTUSblog, Steve Vladeck writes that some of the most high-profile cases the justices are considering have the potential to become moot if Democrat Joe Biden replaces President Donald Trump in January, and Vladeck proposes a way for the justices to schedule oral arguments in order to minimize the risk of “significant wasted effort. [read post]
SCOTUSblog - http://www.scotusblog.com/
Let no good deed go unpunished
5 Oct 2011, 2:15 pm by Kent Scheidegger
Steve Vladeck has this Martinez v. [read post]
Crime and Consequences - http://www.crimeandconsequences.com/crimblog/