RSS Parrot

https://bsky.app/profile/stevevladeck.bsky.social/post/3lgbjsgnsks2g

Published: January 21, 2025 18:56

A new addition to my office tchotchkes, courtesy of three of my (awesome) Fall 2024 @georgetownlaw.bsky.social Federal Courts students:

https://bsky.app/profile/stevevladeck.bsky.social/post/3lgb3a4x6gs27

Published: January 21, 2025 14:36

Today's #SCOTUS orders include a (surprising) summary vacatur in the Brenda Andrew death penalty case, in which the Court (over public dissents from Thomas and Gorsuch) has sent the dispute back to the 10th Cir. to decide if the state court error was…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lg7t3g3s7n2y

Published: January 21, 2025 02:37

"By the power vested in me by the Constitution and the laws of the United States, I have determined that the current situation at the southern border qualifies as an invasion under Article IV, Section 4 of the Constitution of the United States." …

https://bsky.app/profile/stevevladeck.bsky.social/post/3lg7sgbolbv2e

Published: January 21, 2025 02:25

He really did the "Gulf of America" thing. https://www.whitehouse.gov/presidential-actions/2025/01/restoring-names-that-honor-american-greatness/

https://bsky.app/profile/stevevladeck.bsky.social/post/3lg7rpux7pk2j

Published: January 21, 2025 02:13

The Alien Enemies Act makes an appearance—not in one of the executive orders relating to securing the border, but in the EO about potentially designating drug cartels as foreign terrorist organizations: …

https://bsky.app/profile/stevevladeck.bsky.social/post/3lg7r6pcfru2r

Published: January 21, 2025 02:03

I don't think folks fully appreciate just how *quickly* some of the challenges to Trump's new executive orders are going to reach the Supreme Court—through emergency applications from DOJ after lower courts block them. We may find out quickly whether…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lg7qdhur3s2j

Published: January 21, 2025 01:48

It’s going to take months to sort through all of the stunning, crazy things Trump’s first batch of Executive Orders is attempting to do. But this little nugget from the pro-death penalty EP is … quite a thing unto itself: …

https://bsky.app/profile/stevevladeck.bsky.social/post/3lg6v77hops2j

Published: January 20, 2025 17:42

There’s a difference between being *realistic* about how the federal courts, including #SCOTUS, are going to respond to the abuses of the second Trump administration and being *nihilistic.* I certainly don’t think courts will block all that they should.…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lg6sbpz6oc22

Published: January 20, 2025 16:50

A good primer on what Executive Orders can—and can’t—do from @debpearlstein.bsky.social: [contains quote post or other embedded content]

https://bsky.app/profile/stevevladeck.bsky.social/post/3lg6rwovlr222

Published: January 20, 2025 16:44

Trump’s effort to restrict birthright citizenship by executive order is (1) unlawful; (2) predicated on conflating two entirely distinct legal arguments; and (3) doomed to fail in (even these) courts. My “One First” explainer: …

https://bsky.app/profile/stevevladeck.bsky.social/post/3lg6hua2ols2b

Published: January 20, 2025 13:44

For today’s “One First,” I wrote about the somewhat-more-than-ceremonial role that the Chief Justice has come to play over time in swearing in new presidents: https://www.stevevladeck.com/p/118-the-chief-justice-and-the-inauguration

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfx3xnv3yc26

Published: January 17, 2025 15:22

Just a note that it’s not at all unusual that the majority opinion is unsigned; when the Court issues a ruling so shortly after an oral argument, the opinion is virtually *always* unsigned. [contains quote post or other embedded content]

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfx2rv5gxk2q

Published: January 17, 2025 15:01

#BREAKING: #SCOTUS upholds TikTok ban. https://www.supremecourt.gov/opinions/24pdf/24-656_ca7d.pdf

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfva5nnjnk2c

Published: January 16, 2025 21:32

The #SCOTUS website now lists *tomorrow* as an opinions day—and not from the bench. We don’t know for sure, but there’s only one reason why the Court would announce a previously un-planned hand-down like this—because it’s going to be the TikTok case.

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfuzbhpgok2z

Published: January 16, 2025 19:29

My first oral argument was seven years ago today. Everything was going fine, and then this happened: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2017/16-961_768b.pdf

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfukujncd22e

Published: January 16, 2025 15:11

Given the apparently widespread public support for keeping TikTok available after Sunday, it's really too bad that there isn't some body that could pass something ... a law, maybe ... to repeal the April 2024 statute—and then send it to the President to…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfugw2ypms2o

Published: January 16, 2025 14:00

When #SCOTUS hands down decisions, we focus on the *opinions* the justices write to explain the result. But every so often, the *judgment* the Court issues can be at odds with those rationales. Today’s bonus “One First” looks at how (and why) that’s…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfs7bgkm4s2p

Published: January 15, 2025 16:38

I think it's a virtual certainty that #SCOTUS will say *something* about TikTok before Sunday (when the ban takes effect). We *might* still get a full ruling. We might also get a cryptic order respecting just the emergency applications, with a full ruling…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfs3f2ht7k2g

Published: January 15, 2025 15:28

1/2: What's next from #SCOTUS on TikTok? The Court hasn't yet announced any additional decision days this week. That's not conclusive; the Court could always (1) announce a late-breaking Thursday or Friday session; or (2) hand the ruling down *without*…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfs244y3bd2g

Published: January 15, 2025 15:06

Second and last #SCOTUS ruling from the bench today is *not* TikTok. It's Royal Canin (the Civil Procedure case): Kagan for a unanimous Court: https://www.supremecourt.gov/opinions/24pdf/23-677_6jgm.pdf

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfrzw4j5dy2u

Published: January 15, 2025 15:02

First but not last ruling from #SCOTUS is EMD Sales about burden of proof for minimum-wage claims. Kavanaugh for a unanimous Court: https://www.supremecourt.gov/opinions/24pdf/23-217_9o6b.pdf More coming.

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfruwmc6542e

Published: January 15, 2025 13:33

We expect one or more rulings from #SCOTUS in argued cases starting at 10 ET today. There's a *possibility* that we'll get TikTok, but it's by no means a given. Today's hand-down session was announced last Friday, and it's hard to imagine that the Court…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfokaxuwas25

Published: January 14, 2025 05:44

Here’s Volume I of the Special Counsel’s report, along with a cover letter from Smith to Garland: https://www.documentcloud.org/documents/25486132-report-of-special-counsel-smith-volume-1-january-2025/

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfofyd56qs27

Published: January 14, 2025 04:28

Judge Cannon has just *denied* President-Elect Trump’s last-ditch effort to extend her injunction against public release of the January 6 volume of Special Counsel Smith’s report. Her injunction expires in 32 minutes.

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfocl2vakc2b

Published: January 14, 2025 03:26

It is worth noting that Trump sought this eleventh-hour relief not from the Eleventh Circuit or from #SCOTUS, but from Judge Cannon. [contains quote post or other embedded content]

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfnyds6czk27

Published: January 14, 2025 00:23

Well after 7 p.m., and no filing at #SCOTUS from Trump or the other Mar-a-Lago defendants. Looks like Volume I of the Special Counsel’s report (on the January 6 case) will be out in the world as soon as tomorrow.

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfncbbbaks2k

Published: January 13, 2025 17:48

If this sounds familiar, it's because this is the *exact* procedural technicality at the heart of the TikTok case before #SCOTUS — an "administrative stay" isn't viable because there's no lower-court ruling to "stay," so the only way to prevent things from…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfnbjf4aqr2q

Published: January 13, 2025 17:35

This may seem technical, but what Trump would need from #SCOTUS to prevent the January 6 volume of the Special Counsel report from coming out tomorrow *isn't* a "stay"; as of midnight (ET) tonight, there's nothing to "stay." What he'd need is an…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfnaxxkc3k2k

Published: January 13, 2025 17:25

Judge Cannon has just ruled that the January 6 volume of the Special Counsel's report *can* be released as early as tomorrow (when her injunction expires), but she is extending her bar on release of the Mar-a-Lago volume pending a hearing that she has…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfmxno6f5k2c

Published: January 13, 2025 14:38

To close the loop on this, #SCOTUS summarily denied the application in this case this morning—with no public notation that it did anything other than what it *always* does when a single justice denies an application and the aggrieved party asks a second…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfmqltfme222

Published: January 13, 2025 12:32

Is the public going to be able to see all or part of Special Counsel Jack Smith’s final report? As the latest “One First” explains, thanks to last week’s intervention by Judge Cannon and the dizzying litigation surrounding it, it may ultimately be up to…

https://bsky.app/profile/stevevladeck.bsky.social/post/3lfl4lxu2sc2y

Published: January 12, 2025 21:02

My annual email to my first-year law students about taking their grades seriously—but not *too* seriously: