229. A Tale of Two High-Profile Immigration Cases
Federal courts issued opposing rulings in two high‑profile immigration cases from the Trump era. The Third Circuit en banc denied rehearing a panel decision, upholding a statute that forces Mahmoud Khalil to pursue his First Amendment and due‑process claims within the immigration adjudication system, effectively closing district‑court review. Meanwhile, a Tennessee federal judge dismissed the criminal indictment against Kilmar Abrego Garcia, finding the government’s prosecution vindictive after a botched removal to El Salvador. Together, the decisions illustrate the judiciary’s limited capacity to check executive immigration authority and set the stage for potential Supreme Court review.
227. "We're All Trying to Find the Guy Who Did This"
The Supreme Court’s rapid issuance of the *Callais* judgment has opened the door for states to redraw congressional maps ahead of the 2026 midterms. Alabama, Louisiana, Tennessee and Florida have already filed emergency applications or passed legislation to alter districts...
Lawfare Live: The Supreme Court’s Long Shadow (with Kate Klonick and Steve Vladeck)
In this Lawfare Live episode, Kate Klonick and Georgetown Law professor Steve Vladeck dissect the Supreme Court’s expanding “shadow docket” – the body of emergency orders and summary reversals that bypass full opinions. They explain how recent New York Times...
224. The Return of the Mifepristone Mess
The Fifth Circuit issued a stay that reinstates the in‑person dispensing requirement for Mifepristone, undoing the FDA’s 2021 and 2023 rules that allowed mail‑order and telehealth prescriptions. The order, grounded in the Administrative Procedure Act, takes immediate nationwide effect, echoing...
Bonus 221: Sanewashing the Emergency Docket
Stephen Vladeck revisits his book *The Shadow Docket* to counter recent right‑wing commentary on the Supreme Court’s February 2016 Clean Power Plan emergency order. He argues the ruling marked a substantive shift in the Court’s emergency docket, contradicting claims that...
Bonus 219: The Demise of the Death Docket
The Supreme Court’s last grant of a stay of execution came on July 16, 2024, when it halted the Texas death‑row inmate Ruben Gutierrez’s execution. Since the start of the October 2020 term the Court has granted only three stays while denying...
219. Drunks, Lampposts, and the Birthright Citizenship Case
The Supreme Court’s recent rulings spotlight a shift toward rigorous First Amendment scrutiny, as seen in the 8‑1 Chiles v. Salazar decision that subjects Colorado’s conversion‑therapy ban to strict scrutiny. Simultaneously, the Court’s handling of the birthright citizenship case has...
Bonus 216: Shadow Docket Shadowboxing
The author’s bonus newsletter dissects the Supreme Court’s March 2 emergency rulings in Mirabelli v. Bonta and Malliotakis v. Williams. He critiques Justice Barrett’s concurrence—joined by Chief Justice Roberts and Justice Kavanaugh—for offering only a superficial defense of the Court’s decision...
Bonus 215: How I Write the Newsletter
Steve Vladeck explains the inner workings of his "One First" newsletter, noting that the regular edition remains free while bonus issues sit behind a paywall for subscribers. He describes the ad‑hoc, last‑minute writing schedule—often Wednesday afternoons or early Thursday mornings—driven...
214. The Court's (Selective) Impatience Is a Vice
On Monday night the U.S. Supreme Court issued two emergency orders, one reinstating a lower‑court injunction that blocks California policies allowing schools to keep transgender students’ gender identity private from disapproving parents, and another staying a New York state court...