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Steve Vladeck

@stevevladeck.bsky.social
252K followers 1.1K following 3.8K posts

@ksvesq.bsky.social’s husband; father of daughters; prof. @georgetownlaw.bsky.social; #SCOTUS nerd @CNN.com Bio: www.law.georgetown.edu/faculty/stephen-i-vladeck "One First" SCOTUS newsletter: stevevladeck.com Book: tinyurl.com/thecourtweneed

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Steve Vladeck @stevevladeck.bsky.social · 9h
Star Trek IV: The Voyage Home Alone
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Steve Vladeck @stevevladeck.bsky.social · 9h
The best part of the exchange between Mike Rogers and me to which @abdulelsayed.bsky.social is referring here is what Stephen Colbert did with it: crooksandliars.com/cltv/2013/10...
crooksandliars.com
Colbert Savages NSA And Rep. Mike Rogers In 'See No Evil' Segment
Colbert Savages NSA and Rep. Mike Rogers in 'See No Evil' Segment
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Steve Vladeck @stevevladeck.bsky.social · 10h
Umm, *I was the “somebody”! www.c-span.org/clip/house-c...
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Steve Vladeck @stevevladeck.bsky.social · 13h
D.C. people: Come see @rachelshelden.bsky.social and me talk about her fantastic new book about #SCOTUS at @politicsprose.bsky.social (the Connecticut Avenue location) on Monday, October 26, at 7 p.m.: politics-prose.com/rachel-sheld...
politics-prose.com
Rachel A. Shelden — The Political Supreme Court: A Forgotten History - with Steve Vladeck — at Conn Ave
Rachel A. Shelden is associate professor of history and director of the George and Ann Richards Civil War Era Center at Penn State University. A leading scholar of nineteenth-century America, Shelden is a member of the Historians Council on the Constitution at the Brennan Center for Justice.
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Steve Vladeck @stevevladeck.bsky.social · 22h
The First Amendment wasn’t actually “first.” The original First Amendment was meant to ensure that the House of Representatives grew in loose proportion to the country. Instead, the House’s size hasn’t changed since 1911. Today’s “One First” on that history—and the problems a capped House creates:
stevevladeck.com
Bonus 256: The Original “First” Amendment
The only provision from the original Bill of Rights that was never adopted would've grown the House in proportion to the country. We should revisit it.
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Steve Vladeck @stevevladeck.bsky.social · 20h
The second Trump administration has now officially surpassed the first Trump administration with its 42nd application to #SCOTUS for emergency relief. This one is in the same case about lower ad rates for political parties in which the Court previously granted a stay in September. It’ll be 26A476:
supremecourt.gov
Search
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Steve Vladeck @stevevladeck.bsky.social · 20h
I’m visiting a colleague’s class today (to evaluate them), and grabbed a notebook for those purposes on my way out of my office. This is what I saw when I opened it (Maddie is my 10YO):
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Steve Vladeck @stevevladeck.bsky.social · 22h
The First Amendment wasn’t actually “first.” The original First Amendment was meant to ensure that the House of Representatives grew in loose proportion to the country. Instead, the House’s size hasn’t changed since 1911. Today’s “One First” on that history—and the problems a capped House creates:
stevevladeck.com
Bonus 256: The Original “First” Amendment
The only provision from the original Bill of Rights that was never adopted would've grown the House in proportion to the country. We should revisit it.
34846218
Reposted by Steve Vladeck
Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
Justice Alito devotes an entire chapter of his new book to the emergency docket—and to responding to people like me (“the most prolific academic critic of the emergency docket”). As I explain over at “One First,” it … didn’t go well: www.stevevladeck.com/p/256-so-une...
In the pre-publication galleys to his new book, So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country, Justice Alito spelled my last name inconsistently. This is, I suspect, the pettiest possible point on which to open in discussing a Supreme Court justice’s new memoir, and I would never have mentioned it except for the fact that inconsistency turns out to be the organizing feature of the chapter in which I (“the most prolific academic critic of the emergency docket”) repeatedly appear.The central inconsistency of Chapter 8, which is devoted to the emergency docket, is structural: Rather than tackle the subject holistically (as one might expect in a book), Alito mashed together the speech he gave five years ago at Notre Dame Law School with a “postscript.” The former was deeply flawed even at the time (among lots of other things, Alito repeatedly insisted that there was “nothing new” about the Court’s behavior on emergency applications during the first Trump administration and COVID); and the latter tries to move the goalposts away from the specific phenomena to which critics like me have actually objected.The result is to leave readers with a disjointed, inaccurate, and misleading sense of what the debate is even about—to say nothing of how the Court’s own behavior since September 2021 (including Alito’s) has only further undermined the already-flawed claims Alito made back then. Somewhere between the galleys of Alito’s book and the final product (which hits bookstores today), someone apparently figured out that my last name should be spelled the same way (and correctly!) throughout. The other, more significant inconsistencies were, apparently, harder to fix.
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Steve Vladeck @stevevladeck.bsky.social · 07/10/2026
Nothing hits quite like the unexpected, non-weather-related 7:45 a.m. “your daughter’s school is closed today” text message.
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Mark Joseph Stern @mjsdc.bsky.social · 06/10/2026
However good you think this is going to be, it’s better. Steve just has Alito dead to rights.
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
Y'all...
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
Justice Alito devotes an entire chapter of his new book to the emergency docket—and to responding to people like me (“the most prolific academic critic of the emergency docket”). As I explain over at “One First,” it … didn’t go well: www.stevevladeck.com/p/256-so-une...
In the pre-publication galleys to his new book, So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country, Justice Alito spelled my last name inconsistently. This is, I suspect, the pettiest possible point on which to open in discussing a Supreme Court justice’s new memoir, and I would never have mentioned it except for the fact that inconsistency turns out to be the organizing feature of the chapter in which I (“the most prolific academic critic of the emergency docket”) repeatedly appear.The central inconsistency of Chapter 8, which is devoted to the emergency docket, is structural: Rather than tackle the subject holistically (as one might expect in a book), Alito mashed together the speech he gave five years ago at Notre Dame Law School with a “postscript.” The former was deeply flawed even at the time (among lots of other things, Alito repeatedly insisted that there was “nothing new” about the Court’s behavior on emergency applications during the first Trump administration and COVID); and the latter tries to move the goalposts away from the specific phenomena to which critics like me have actually objected.The result is to leave readers with a disjointed, inaccurate, and misleading sense of what the debate is even about—to say nothing of how the Court’s own behavior since September 2021 (including Alito’s) has only further undermined the already-flawed claims Alito made back then. Somewhere between the galleys of Alito’s book and the final product (which hits bookstores today), someone apparently figured out that my last name should be spelled the same way (and correctly!) throughout. The other, more significant inconsistencies were, apparently, harder to fix.
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
When you’re doing a Zoom presentation on #SCOTUS and Stitch (or, at least, my 8YO in a Stitch costume) makes a cameo: 📸: @meeradeo.bsky.social
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Steve Vladeck @stevevladeck.bsky.social · 05/10/2026
After recapping yet another busy week of #SCOTUS news, today’s “One First” officially closes the book on the Court’s October 2025 Term with some final (and pretty mind-boggling) data about just how busy—and just how ideologically charged and divided—the emergency docket was:
stevevladeck.com
255. Closing the Book on OT2025
As the October 2026 Term begins, it's worth taking a moment to highlight the *real* final statistics for the Court’s output during the October 2025 Term.
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Steve Vladeck @stevevladeck.bsky.social · 05/10/2026
After recapping yet another busy week of #SCOTUS news, today’s “One First” officially closes the book on the Court’s October 2025 Term with some final (and pretty mind-boggling) data about just how busy—and just how ideologically charged and divided—the emergency docket was:
stevevladeck.com
255. Closing the Book on OT2025
As the October 2026 Term begins, it's worth taking a moment to highlight the *real* final statistics for the Court’s output during the October 2025 Term.
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Steve Vladeck @stevevladeck.bsky.social · 02/10/2026
Garnet is absolutely right here. More than that, #SCOTUS has made it clear, over and over again, that it is not going to let states use its "original" jurisdiction to sue other states in contexts in which the underlying question *can* be litigated in the lower federal courts. This is one of those.
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Steve Vladeck @stevevladeck.bsky.social · 01/10/2026
As promised, I wrote about what really bothers me about Tuesday's unsigned, unexplained #SCOTUS ruling clearing the way for the resumption of third-country removals with minimal (if any) process. Turns out, it's a lot: www.stevevladeck.com/p/254-four-t...
stevevladeck.com
254. Four Things That (Really) Bother Me About “D.V.D. III”
“Third-country removals” raise a host of difficult procedural and substantive questions. The Supreme Court should have answered those questions *before* greenlighting deportations to torture.
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Steve Vladeck @stevevladeck.bsky.social · 01/10/2026
"Had law enforcement and prosecutors engaged more thoroughly with Jane Doe’s original complaint, they might have tempered the vigilantism that would eventually tinge much of the response to the case." This is such a critical point (made by Jessica Winter via @newyorker.com)—and a lesson for others.
newyorker.com
How the “Cornell Seven” Rape Case Became a National Scandal
The dismal responses from both the D.A. and the university reveal a larger pattern of institutional carelessness.
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Steve Vladeck @stevevladeck.bsky.social · 01/10/2026
Barbosa de Cunha immediately goes to the front of the line as the most important case #SCOTUS will decide this term. Trump's entire immigration arrest and detention policy regime *depends* upon its novel reading of the statutes, one that's been rejected by an overwhelming majority of lower courts.
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Steve Vladeck @stevevladeck.bsky.social · 01/10/2026
As promised, I wrote about what really bothers me about Tuesday's unsigned, unexplained #SCOTUS ruling clearing the way for the resumption of third-country removals with minimal (if any) process. Turns out, it's a lot: www.stevevladeck.com/p/254-four-t...
stevevladeck.com
254. Four Things That (Really) Bother Me About “D.V.D. III”
“Third-country removals” raise a host of difficult procedural and substantive questions. The Supreme Court should have answered those questions *before* greenlighting deportations to torture.
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Steve Vladeck @stevevladeck.bsky.social · 30/09/2026
Over dissents from the three Democratic appointees, #SCOTUS *grants* Tennessee's request to vacate the stay of execution the Sixth Circuit had entered in the case of Christa Pike, clearing the way for her execution: www.supremecourt.gov/opinions/25p...
supremecourt.gov
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Steve Vladeck @stevevladeck.bsky.social · 30/09/2026
I deleted a post in which I misattributed a line from the Terminator to Linda Hamilton instead of Michael Biehn. I will now crawl into a hole for the rest of the day.
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Steve Vladeck @stevevladeck.bsky.social · 30/09/2026
Just a reminder that the last time DOJ filed a misconduct complaint against a district judge, it was dismissed in a ruling by Chief Judge Sutton that was all but dripping with contempt (for the government): www.opn.ca6.uscourts.gov/internet/jud...
opn.ca6.uscourts.gov
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Steve Vladeck @stevevladeck.bsky.social · 30/09/2026
After this morning's divided Sixth Circuit ruling blocking Tennessee's impending execution of Christa Pike, Tennessee has now gone to #SCOTUS asking the justices to immediately vacate the court of appeals' stay. It should be up on the Court's docket soon as # 26A428.
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Steve Vladeck @stevevladeck.bsky.social · 29/09/2026
There is a cottage industry on that other site of people in official government legal jobs affirmatively misstating or misrepresenting what rulings are about and then expressing surprise that anyone could possibly disagree. Just the latest example—from the Solicitor General of Iowa:
“Can President Trump use lawful authority granted by Congress to deport illegal aliens to third countries? The Supreme Court has stayed an order saying no twice, now stayed a permanent injunction for a third time. Oddly, 6-3 despite a similar posture to the Missouri First map”
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Steve Vladeck @stevevladeck.bsky.social · 30/09/2026
I started writing a newsletter post about the third-country removals case and had to stop—I was too mad. Maybe tomorrow.
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Steve Vladeck @stevevladeck.bsky.social · 29/09/2026
There is a cottage industry on that other site of people in official government legal jobs affirmatively misstating or misrepresenting what rulings are about and then expressing surprise that anyone could possibly disagree. Just the latest example—from the Solicitor General of Iowa:
“Can President Trump use lawful authority granted by Congress to deport illegal aliens to third countries? The Supreme Court has stayed an order saying no twice, now stayed a permanent injunction for a third time. Oddly, 6-3 despite a similar posture to the Missouri First map”
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Steve Vladeck @stevevladeck.bsky.social · 29/09/2026
Just a reminder that this is the same Sen. Schmitt who repeatedly claimed that Chief Judge Boasberg was receiving a disproportionate share of Trump-related cases because he confused the D.C. Superior Court (which has 62 judges) with the D.C. district court (which has 15).
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Steve Vladeck @stevevladeck.bsky.social · 29/09/2026
WOOT!! Can't wait for this.
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Steve Vladeck @stevevladeck.bsky.social · 29/09/2026
#BREAKING: Over dissents from the three Democratic appointees, #SCOTUS grants a stay in the third-country removals case; clears way for Trump admin. to continue removing non-citizens without a full chance to litigate the conditions in those countries (while also taking up the full merits appeal).
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Steve Vladeck @stevevladeck.bsky.social · 29/09/2026
Which is ... what, exactly?
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Harry Litman @harrylitman.bsky.social · 28/09/2026
Here’s a book you can read by its cover: as pressing a topic as we have and the most thoughtful and clear Supreme Court expert writing it. Will be indispensable. 
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Steve Vladeck @stevevladeck.bsky.social · 28/09/2026
I'm thrilled to share that my new book about #SCOTUS, "The Court We Need: What's Really Wrong With the Supreme Court—and How to Fix It," is now available for pre-orders: www.penguinrandomhouse.com/books/812983... The book is set to be published by @vikingbooks.bsky.social on May 4, 2027.
penguinrandomhouse.com
The Court We Need by Stephen Vladeck: 9798217061815 | PenguinRandomHouse.com: Books
A brilliant and bracing account of the Supreme Court’s rise, its unraveling, and what it will take to save it, from the New York Times bestselling author of The Shadow Docket Richard Nixon turned...
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Steve Vladeck @stevevladeck.bsky.social · 28/09/2026
Less than one week before the oral argument, #SCOTUS has informed the parties in the major Suncor environmental law case that Justice Alito will recuse (albeit without telling us why): www.supremecourt.gov/DocketPDF/25...
supremecourt.gov
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Steve Vladeck @stevevladeck.bsky.social · 28/09/2026
For those keeping score, this is the 41st emergency application filed at #SCOTUS by the second Trump administration—matching the (unprecedented) total that the first Trump administration filed across its entire four-year term.
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Andrew Weissmann @weissmann.substack.com · 28/09/2026
From the insightful author of the illuminating book, the Shadow Docket.
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Steve Vladeck @stevevladeck.bsky.social · 28/09/2026
I'm thrilled to share that my new book about #SCOTUS, "The Court We Need: What's Really Wrong With the Supreme Court—and How to Fix It," is now available for pre-orders: www.penguinrandomhouse.com/books/812983... The book is set to be published by @vikingbooks.bsky.social on May 4, 2027.
penguinrandomhouse.com
The Court We Need by Stephen Vladeck: 9798217061815 | PenguinRandomHouse.com: Books
A brilliant and bracing account of the Supreme Court’s rise, its unraveling, and what it will take to save it, from the New York Times bestselling author of The Shadow Docket Richard Nixon turned...
361115285
Steve Vladeck @stevevladeck.bsky.social · 25/09/2026
#BREAKING: #SCOTUS once again freezes the lower federal courts’ rulings in the Missouri redistricting case—and affirms that, as the Missouri Supreme Court held earlier this month, Missouri will use the 2022 map in the November elections. There were no public dissents.
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Steve Vladeck @stevevladeck.bsky.social · 25/09/2026
Here's a graphic that does a better job of conveying the point than my original post: even by the (insane) standards of the first Trump administration, #SCOTUS is receiving—and granting—a truly unprecedented number of applications for emergency relief from the federal government:
A chart that shows the number of emergency applications filed and granted by the Supreme Court during each presidency dating back to George W. Bush, with the data annualized to show the far-higher frequencies since 2017, but especially during the Trump I and Trump II administrations.
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Steve Vladeck @stevevladeck.bsky.social · 25/09/2026
This was the 28th time #SCOTUS has granted emergency relief to the Trump administration since 1/20/25. That matches the total number of grants during the entirety of the first Trump administration. And both of those totals dwarf the *four* grants of relief (two each) during the Bush & Obama admins.
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Steve Vladeck @stevevladeck.bsky.social · 25/09/2026
“I have an affidavit here…”
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Steve Vladeck @stevevladeck.bsky.social · 25/09/2026
#BREAKING: In non-Missouri emergency docket news, #SCOTUS *grants* the Trump administration's request for a stay in the SAVE case, allowing DHS to have access to certain Social Security information. The three Democratic appointees dissent.
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Steve Vladeck @stevevladeck.bsky.social · 24/09/2026
This is a great catch from Chris, and a remarkably … suggestive … citation from Sauer—flagging the only two recent examples in which (we think) a circuit justice was overruled / preempted by the full Court. Here’s my post from November on this subject: www.stevevladeck.com/p/bonus-192-...
stevevladeck.com
Bonus 192: The Court vs. the Circuit Justice
Tuesday's ruling in the SNAP case appears to be the second example in seven months (and for quite some before that) of the full Supreme Court taking an application away from the circuit justice.
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Steve Vladeck @stevevladeck.bsky.social · 24/09/2026
The Trump administration is back at #SCOTUS with another emergency application (its 40th)—this time asking the justices to restore its power to remove non-citizens to “third countries” without a chance to meaningfully challenge the conditions there. (During all of Trump I, DOJ filed a total of 41.)
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Steve Vladeck @stevevladeck.bsky.social · 24/09/2026
Judge Kelly's TRO will be a fascinating test for how much sway Solicitor General Sauer has with the White House. Trump is going to want to seek immediate, emergency relief from the D.C. Circuit + #SCOTUS, but Sauer has been savvy about doing that only in cases he might win. This isn't one of them.
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Steve Vladeck @stevevladeck.bsky.social · 24/09/2026
"How to piss off a judge you appointed (and who issued a relatively modest ruling) in three easy steps."
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Steve Vladeck @stevevladeck.bsky.social · 24/09/2026
As expected:
stevevladeck.com
251. Newsgathering, the First Amendment, and the White House
President Trump’s viewpoint-based exclusion of three outlets from the White House is clearly on the wrong side of the Supreme Court's First Amendment doctrine.
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Steve Vladeck @stevevladeck.bsky.social · 23/09/2026
The intervenor-defendants in the Missouri redistricting case (the folks who triggered the referendum on the 2025 map) have filed their expected emergency application at #SCOTUS, seeking to restore the 2022 map (again). Justice Kavanaugh, moving very quickly, has called for a response by 2 ET today.
supremecourt.gov
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Cristian Farias @cristianfarias.com · 23/09/2026
I turned on my long-dormant Substack to have occasional conversations with fellow nerds who care about law and politics, democracy, and being swole. Thank you to @stevevladeck.bsky.social for agreeing to nerd out with me this morning. I contained myself and did not bring up Younger abstention!
open.substack.com
The Missouri Mess: Live with Cristian Farias and Steve Vladeck
A recording from Cristian Farias and Steve Vladeck's live video
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