Legal

"The Actual Art of Governing" Now Available for Pre-Order

I'm pleased to announce that my next book is now available for pre-order from Ox...

Letter to the Brazilians, 1977

I have never signed an open letter, for the usual reasons people adopt this poli...

Biological Parenthood and Inequality

For the Balkinization Symposium on Legal Pathways Beyond Dobbs. Douglas NeJaime...

Emergency?

This week on "Supreme Court ER" we have new requests on an erroneous deportation...

The Fate of Bostock’s Formalism After $215 Million Spen...

For the Balkinization Symposium on Legal Pathways Beyond Dobbs. Neil S. Siegel ...

The Other Footnote

For the Balkinization Symposium on Legal Pathways Beyond Dobbs.Courtney Cahill[1...

Balkinization Symposium on Legal Pathways Beyond Dobbs-...

 Here are the collected posts for our Balkinization Symposium on Legal Pathways ...

When "Good" Laws are Given to Bad People

I'm about to "defend" the statute that's being used to remove Mahmoud Khalil fro...

Can the Supreme Court Remove a Solicitor General?

I introduce the following as an interesting hypothetical. Rule 8 of the Supreme ...

Abrego Garcia Will Return When the Administration Needs...

 Every week I get a call from a reporter asking if we are in a constitutional cr...

The Bank of the United States and the Unitary Executive

I'm sure somebody must have said this before, but anyway.Under the unitary execu...

Why is Justice Alito so trusting of the Trump administr...

Who knew that Supreme Court Justice Samuel Alito was such a trusting person?  Th...

Amicus Brief on the Tariffs

I was pleased to join this amicus brief arguing that the tariffs are unlawful. T...

The Supreme Court and the Alien Enemies Act: The Limits...

The current challenge to deportations under the Alien Enemies Act of 1798 (AEA) ...

Religious Exemptions?: What the Free Exercise Clause Means

For those who are interested, the Civitas Institute has posted a somewhat specia...

Birthright Citizenship and DOJ's Appellate Briefs

In its appellate briefs in the birthright citizen cases making their way through...

The Big Picture

The New York Times asked 35 law professors for their assessment of the constitut...

The Ordinary Meaning of "Subject to the Jurisdiction"

The phrase "subject to the jurisdiction" appears many times in federal law. It's...

How Appealing Weekly Roundup

The week in appellate news. The post How Appealing Weekly Roundup appeared first...

ACLU and BigLaw firm use ‘Orange is the New Black’ in h...

Life in a women’s prison definitely has its downside in a popular Netflix show, ...

Change Comes To All Things, Even Biglaw — See Also

Biglaw Partners Are Moving On: White & Case and Paul Weiss lose some pretty big...

Is the Librarian of Congress an Executive Official?

The Librarian of Congress joined the ranks of the suddenly unemployed last week....

Stock Buybacks: Show me the Money!

Just as it was the job of fictional sports agent Jerry Maguire (played by Tom Cr...

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