Bonus 244: Minnesota v. Abbott
Governor Abbott is ignoring his duty to extradite an ICE officer indicted in Minnesota. He has no viable legal claim, but may be trying to run out the clock.
One First
A weekly newsletter aiming to make the Supreme Court’s rulings, procedures, and history more accessible to all
Live Last read · last published · next check
Latest posts
244. The End of the Alien Enemies Act Litigation?
Portrayed by some as a “win” for President Trump, the Fifth Circuit’s dismissal of a key Alien Enemies Act appeal drives home how much the government has lost.
Bonus 243: A Vacation-Inspired "Top Ten" List
Have you ever wondered which of this newsletter's posts have been the most widely read? Even if not, here's a list of the top ten (plus an honorable mention).
243. Birthright Citizenship, Redux
President Trump's new attempt to cabin birthright citizenship is a lot narrower than the one the Supreme Court struck down in June. Its key provisions are still unconstitutional.
Bonus 242: How Quickly They Forget...
Every procedural complaint about today's judges describes something that was *worse* during the Biden administration—when the critics said nothing and when the government obeyed.
242. The "Independent Court" Narrative
Efforts to defend the Supreme Court *because* of its independence miss both the real-world impacts of its behavior and the reason *why* independence matters.
Bonus 241: The Mail-In Voting Applications
What the Court was asked to do on Monday is narrower than much of the coverage suggests—and a grant of relief would be far less significant than it may appear.
240. The Rise and Fall of the Alien Tort Statute
The Court's June 23 ruling in Cisco was significant not only for what it means for human rights accountability, but for the justices' approach to stare decisis.
Bonus 239: The Fifth Circuit's "Precedential Stay" in Sosnava Rodriguez
The Fifth Circuit once again did the government's bidding on immigration detention—this time through an unexplained procedural move I've never seen before.
239. The Alien Terrorist Removal Court
The Trump administration has activated a secret 30-year-old court that's never been used. Here's what we know, and why we should (and shouldn't) be worried.
Bonus 238: The Court Against the Courts
My draft Harvard Law Review Supreme Court Foreword argues that the Court is quietly dismantling district courts' authority—and arrogating it to itself.