@ksvesq’s husband; father of daughters; Charles Alan Wright Chair in Federal Courts @UTexasLaw; #SCOTUS nerd @CNN; new book: tinyurl.com/shadowdocket; #LGM

Austin, TX
Joined September 2011
I'm *really* excited to share that my book THE SHADOW DOCKET — an in-depth introduction to the problematic rise of unsigned and unexplained #SCOTUS rulings affecting all of us — is now available for pre-order (and due out from @BasicBooks next May): tinyurl.com/shadowdocket
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We often look back at #SCOTUS Terms when the Justices rise for their summer recess. Legally, though, the last day of the October 2021 Term is *today.* This distinction is more than pedantic; as we’ve seen in recent years, lots of major rulings can also come down over the summer.
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This summer, for instance, we had big rulings refusing to allow DHS to implement its immigration priorities; refusing to block an injunction requiring Yeshiva U to recognize an LGBTQ+ student group; and lifting lower-court blocks on an execution. And last summer was even bigger.
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I’m really looking forward to spending some of First Monday at @Harvard_Law tomorrow — talking about #SCOTUS’s shadow docket with @hlpronline and @HarvardACS:
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It’s really impressive how a single blog post can so effectively bring together an author’s visceral hatred of an institution with their naked tribalism, questionable analytical skills, and terrible judgment.
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Usually, I’m highly critical of Josh’s legal analysis (such as it is). But this is much worse—it’s punching down on conservative law students who choose (for whatever reason) to go to Yale simply because he disagrees with how YLS has handled prior protests at conservative talks.
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See also:
Where is the whole "stop punching down at law students" discourse that usually follows from conservative law profs when a Fed Soc student member does something like cleans their gun on Zoom? *crickets* #lawtwitter
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Something something apples; something something trees.
6-yo: I’ve decided I think I want to be a historian when I grow up. Me: Oh that’s cool! What makes it interesting to you? 6: I just really like reading about when bad stuff happened to people.
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Every year around our birthdays, my dad and I go to a new baseball stadium that we haven’t been to before. This is the last one that *neither* of us have been to (I’ve still got two to see; he’s got one). And it just so happens to strongly align with our rooting interests. #LGM
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My rankings: 1. San Francisco 2. Pittsburgh 3. Wrigley 4. Fenway 5. Target Field … 30. Oakland
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Okay fine. 6. San Diego 7. Seattle 8. Houston 9. Miami 10. Arlington 11. Citi 12. Phoenix 13. Dodger Stadium 14. Camden Yards 15. Whoever you’re going to yell at me for not having higher (except the Trop; that’s 29).
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Steve Vladeck retweeted
New @StrictScrutiny_ merch has arrived!! 6-year-old immediately cut hers into a crop top and declared she is wearing it to Sunday School tomorrow. I feel like our work here is done ✅
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How else is she going to find the secret treasure map on the back?
Lizzo has stolen the Declaration of Independence.
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A great thing that's happened since COVID is that it's now much easier to have meetings without participants all being in the same place. A terrible thing that's happened since COVID is that it's now much easier to have meetings without participants all being in the same place.
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A typically thoughtful take from Orin on some of the problems with Judge Ho’s announced boycott of clerk applicants from YLS:
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In my @UTexasLaw seminar today, I introduced my students to the 1990s-era debate over whether it’s deliberately ironic that nothing that @Alanis describes in “Ironic” is actually ironic. Fortunately, one of my students has seen Jagged Little Pill — so was able to help it along.
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Judge Jolly explains not only why the courtroom scene is inherently coercive for those who don’t want to participate in the prayer ceremony; he also explains how the panel wrongly reads into #SCOTUS’s recent, fractured government prayer cases a much broader rule in defense of it.
The Fifth Circuit reverses and grants judgment *for* a judge who does a prayer ceremony in his courtroom before hearing cases. Judge Jolly dissents in relevant part. His description of what the scene in Court is like is below. 1/ drive.google.com/file/d/1pmS…
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Everyone has a point past which it's hard to believe that a particular person is acting in good faith. If we weren't there already for Judge Cannon...
NEW: Judge Cannon rules that Trump does not have to submit affidavit/declaration (as to items allegedly planted by the FBI) *before he has reviewed the seized documents from MAL. storage.courtlistener.com/re…
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In May, #SCOTUS voted 5-4 to put the district court's injunction back into effect pending appeal. But the Fifth Circuit's ruling wipes out the injunction, which is why the tech groups are asking for a stay of *that* ruling — to leave HB20 on hold until SCOTUS resolves the merits.
Tech industry groups have asked the Fifth Circuit for a stay of the decision upholding Texas's social media law, HB20, as they prepare to ask the Supreme Court to hear the case: ccianet.org/wp-content/uploa…
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"To protest cancel culture, I shall loudly practice some of it."
🥴😵‍💫🥴😵‍💫
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