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Alyssa Negvesky

@alyssanegvesky.bsky.social
205 followers 280 following 105 posts
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Capital Weather @capitalweather.com · 05/07/2026
Did lightning strike the Washington Monument during DC's July 4 fireworks? A remarkable photo sparked the question. We examined the image and video to see what most likely happened: www.capitalweather.com/lightning-ap... Photo by @AlyssaNegvesky on X
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Alyssa Negvesky @alyssanegvesky.bsky.social · 05/07/2026
The iPhone camera gods blessed me today with this photo during the DC fireworks show so I thought I’d share
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Mark Joseph Stern @mjsdc.bsky.social · 01/07/2026
Iconic line from @stevevladeck.bsky.social here in response to Will Baude’s SCOTUS boosterism www.nytimes.com/2026/07/01/o...
Baude: I agree that we are in unprecedented times, maybe even a constitutional crisis, but if we survive it, the court deserves no small share of the credit.
Vladeck: Exactly the same credit we might give to the arsonist who shows up with a fire extinguisher.
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Steve Vladeck @stevevladeck.bsky.social · 23/06/2026
Fourth (but *not* last) #SCOTUS ruling is in Pung v. Isabella County. For a (basically unanimous) Court, Justice Alito holds that, in a tax sale, neither the Fifth nor Eighth Amendment requires the government to compensate former owners based on the hypothetical fair market value of their property.
supremecourt.gov
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Steve Vladeck @stevevladeck.bsky.social · 15/05/2026
#SCOTUS has posted a new version of Justice Alito’s mifepristone dissent that replaces the awkwardly revealing typo with just a dumb typo. There’s a HIPAA joke here somewhere, except it’s not funny: www.supremecourt.gov/opinions/25p...
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Steve Vladeck @stevevladeck.bsky.social · 11/05/2026
Other than discovering that I’m apparently John Oliver’s son, @lastweektonight.com’s deep dive into the shadow docket is really quite good: www.youtube.com/watch?v=qKeq...
youtube.com
The Shadow Docket: Last Week Tonight with John Oliver (HBO)
YouTube video by LastWeekTonight
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Steve Vladeck @stevevladeck.bsky.social · 06/05/2026
We live in a time dominated by deeply unserious people making deeply unserious arguments in support of tragically serious results that serious people would have both avoided and known to avoid.
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Steve Vladeck @stevevladeck.bsky.social · 18/04/2026
Someone really ought to write a book about the significance of #SCOTUS doing so many major things through unsigned and unexplained rulings, and how so much of it really is a recent phenomenon.
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Steve Vladeck @stevevladeck.bsky.social · 02/04/2026
Via @nytopinion.nytimes.com, my quick take on today's #SCOTUS argument in the birthright citizenship case. TL;DR: The justices labored mightily to make sure Trump will lose *this* case, but in a way that will make it easier for him to avoid at least some similarly resounding defeats going forward:
nytimes.com
Opinion | Trump Will Lose the Birthright Citizenship Case. But in a Way, He’s Already Won.
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Jimmy Hoover @jimmyhoover.bsky.social · 10/03/2026
SCOOP: Federal judiciary approves new Supreme Court defender office to help represent indigent defendants at #SCOTUS. Its full-time director will serve as a counterweight to the U.S. solicitor general in federal criminal cases. The first will be former Kagan clerk and SG atty Ashley Robertson.
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Marisa Kabas @marisakabas.bsky.social · 28/02/2026
congress sounds cool i wish it was real
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Dara Lind @daralind.bsky.social · 18/02/2026
You guys @stevevladeck.bsky.social absolutely argued for his LIFE out here at the STC mock trial.
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Alyssa Negvesky @alyssanegvesky.bsky.social · 13/02/2026
Tarble!!!!!
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Steve Vladeck @stevevladeck.bsky.social · 26/01/2026
D.C. folks: For something a bit more frivolous, I'll be arguing against Karen Dunn in the Shakespeare Theatre Company's 37th annual "Mock Trial" (N.B.: it's really a moot court) at 7:30 p.m. on February 17. This year's scenario arises out of Othello, and it's ... a doozy. For details and tickets:
shakespearetheatre.org
Mock Trial 2026 - Shakespeare Theatre Company
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Steve Vladeck @stevevladeck.bsky.social · 24/01/2026
"Just like the killing of Renée Good, Saturday morning’s shooting once again raises the question of why it is so damned difficult to hold federal officers—and the federal government itself—accountable if and when they violate our rights." Me on the federal accountability gap—and how to close it:
stevevladeck.com
204. Accountability After Minneapolis
A short post explaining (1) why it's so hard to hold federal officers and/or the federal government liable for violating our rights; and (2) how a one-sentence statute could (and *SHOULD*) fix it.
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Steve Vladeck @stevevladeck.bsky.social · 11/12/2025
Maybe this new blog can respond, in one of its first posts, to the argument that the term “interim docket” is a deliberately misleading attempt to minimize the (very permanent) doctrinal and real-world consequences of #SCOTUS’s rulings on emergency applications? www.stevevladeck.com/p/177-the-no...
Picture of tweet announcing SCOTUSblog’s launch of a new “interim docket” blog.
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KSV @ksvesq.bsky.social · 02/12/2025
Do they allow popcorn in Dirksen? Asking for me.
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Alyssa Negvesky @alyssanegvesky.bsky.social · 11/11/2025
If you haven’t subscribed yet, you should. Sometimes there are funny stories. Sometimes there are troubling stories that make you worry about humanity. And sometimes, it’s just Steve getting roasted in the comments. Either way, it’s never boring. 🥳
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Steve Vladeck @stevevladeck.bsky.social · 08/11/2025
Trying to figure out what #SCOTUS just did with #SNAP, and why Justice Jackson temporarily froze the district court's ruling? Via "One First," me on what's going on—and why I think Jackson's move was savvy, notwithstanding the awful circumstances that forced it: www.stevevladeck.com/p/190-snap-wtf
stevevladeck.com
190. SNAP WTF?
A very quick explainer on what (and why) Justice Jackson issued an "administrative stay" in the SNAP case late on Friday night, and on what's likely to happen next
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Alyssa Negvesky @alyssanegvesky.bsky.social · 31/10/2025
My husband took the bar last year and today when I got my results, tell me why my first reaction was “DANG IT HE BEAT ME BY 4 POINTS” (yes we both passed comfortably but I’m still mad)
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Steve Vladeck @stevevladeck.bsky.social · 30/10/2025
There's a longstanding debate over the value of law professor amicus briefs at #SCOTUS. I'll just note that the additional briefing the Court ordered today in the Illinois National Guard case was in direct response to an amicus brief filed by ... a law professor (@martylederman.bsky.social).
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Steve Vladeck @stevevladeck.bsky.social · 29/10/2025
New paper from me offering a holistic assessment of #SCOTUS's behavior on Trump-related emergency applications thus far: papers.ssrn.com/sol3/papers.... TL;DR: The ultimate theme of the decisions is a majority bent on preserving *their* supremacy, as such—which is likely to only be self-defeating.
Abstract

This essay, prepared for the 2025 volume of The Supreme Court Review, seeks to provide a holistic account of the Supreme Court’s behavior on emergency applications relating to the Trump administration during its October 2024 Term.

As it demonstrates, the justices in those cases not only flouted the traditional standards for emergency relief; they exhibited repeated and sustained disrespect for both lower courts and Congress, enabling the executive branch to act in defiance of countless statutory restrictions; of settled constitutional understandings; and even of coercive district court mandates, all with dramatic (and deleterious) real-world consequences. As the Alien Enemies Act cases illustrate, the takeaway is not that the Court always ruled for President Trump; it's that it pushed back only when its mandates were on the line. The upshot is an attempt by the Supreme Court to preserve its supremacy, as such.

But such an approach, the essay concludes, is likely to be self-defeating. In the short term, it will encourage the executive branch to take ever-more-aggressive actions against both the people and the lower courts. And in the long term, it will not just further weaken Congress and the lower courts; it will further erode public confidence in the judiciary as an institution. Together, the increased power and momentum of the executive and the decreased credibility of (and respect for) the courts will make it that much harder for the Supreme Court to wield the supremacy it's protecting, even when it wants to.
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Alyssa Negvesky @alyssanegvesky.bsky.social · 29/09/2025
Never been so proud to be a fellow Georgetown law grad 😭 Been rooting for Ashley since day one, so glad she pulled out the W!!!!
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Steve Vladeck @stevevladeck.bsky.social · 11/09/2025
Today's bonus "One First" goes deep into Justice Kavanaugh's concurrence in the ICE roving patrols case: "If this is the kind of analysis that’s driving the justices’ votes in the other Trump-related cases, perhaps it really is understandable why the Court is so often declining to explain itself."
stevevladeck.com
Bonus 177: A Closer Look at Justice Kavanaugh's ICE Raids Opinion
Walking through the only opinion written in support of Monday's Supreme Court stay in the ICE roving arrests case helps to highlight *how* the Court may be stacking the deck in Trump-related cases.
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southpaw @nycsouthpaw.bsky.social · 10/09/2025
settings > content & media > autoplay video & gifs = off
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Alyssa Negvesky @alyssanegvesky.bsky.social · 09/09/2025
media.tenor.com
deadpool says we need to do it again in front of empty seats
ALT: deadpool says we need to do it again in front of empty seats
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Steve Vladeck @stevevladeck.bsky.social · 04/09/2025
For today's bonus "One First," I wrote about the increasingly noisy claim that legal constraints don't really matter in the current moment—why it's utterly belied by what's actually happening on the ground (and by what law can actually *do*); and why, in many respects, it's affirmatively dangerous:
stevevladeck.com
Bonus 176: Law, Lawlessness, and Doomerism
Law is not—and never will be—a perfect constraint on government action. But claims that legal limits have become wholly irrelevant to the current administration are not just wrong; they're dangerous.
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Anna Bower @annabower.bsky.social · 04/09/2025
I am once again asking for everything to stop happening thanks
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Anna Bower @annabower.bsky.social · 04/09/2025
me as a legal journalist: ok wait omg
@kkiciato
me if i was a detective: ok wait omg
4:09 AM • 8/31/25 • 3.4M Views
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KSV @ksvesq.bsky.social · 13/08/2025
Didn’t have “figuring out how to stream a football podcast on my TV” on my bingo card, but life is weird that way.
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Alyssa Negvesky @alyssanegvesky.bsky.social · 14/08/2025
A very relevant post for this particular morning
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Steve Vladeck @stevevladeck.bsky.social · 12/08/2025
What Mark said. It's understandable why so many are so wary of #SCOTUS. But even *if* there were five votes to revisit Obergefell (and I'm skeptical), this just *isn't* the case in which even those justices would want to do it.
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Steve Vladeck @stevevladeck.bsky.social · 11/08/2025
Two things can be true: 1) The President has legal authority over the D.C. police and the D.C. National Guard that he doesn't have *anywhere else* in the country; & 2) Even if this doesn't set a legal precedent, it sets an ominous *political* precedent for pretextually overriding local government.
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Steve Vladeck @stevevladeck.bsky.social · 08/08/2025
Just tapping this sign, for no particular reason.
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Alyssa Negvesky @alyssanegvesky.bsky.social · 19/07/2025
Three week update: I took the July 2021 multiple choice portion of the bar as a practice test and YEP I CAN CONFIRM THE LAWS HAVE CHANGED 👍🏼 😅
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Alyssa Negvesky @alyssanegvesky.bsky.social · 19/07/2025
Bar prep in 2 photos (i.e., after bombing a secured transactions practice essay vs. after killing a civ pro practice essay two hours later)
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Alyssa Negvesky @alyssanegvesky.bsky.social · 12/07/2025
A little over 2 weeks out from the DC bar and I’m now understanding why Virginia requiring business attire to take the bar is so wild. WHY
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Alyssa Negvesky @alyssanegvesky.bsky.social · 27/06/2025
So… how does one study for the bar when all of the laws are changing? Asking for a friend (it’s me, I’m the friend) ((looking at you, nationwide injunctions test!!))
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Kate Silbaugh, Professor at BU Law @katesilbaugh.bsky.social · 27/06/2025
Kagan apologizes for citing herself in Paxton dissent ❤️
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Evan Bernick, a finite mode with a smol hooman and a lorg floof @evanbernick.bsky.social · 06/06/2025
Sanctions for anyone who doesn’t link to the opinion or the indictment
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Evan Bernick, a finite mode with a smol hooman and a lorg floof @evanbernick.bsky.social · 06/06/2025
A universal injunction against late afternoon legal news
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Steve Vladeck @stevevladeck.bsky.social · 05/06/2025
Apparently, no one got it. Guess they haven’t read it—just like @ksvesq.bsky.social. (📷: @musicadamt.bsky.social)
Picture of Jeopardy clue reading: “BOOKS JUDGING
THE JUDGES INCLUDE ONE FROM 2023 TITLED THIS DARK REALM OF 99% OF THE SUPREME COURT'S DECISIONS, NONE SIGNED.”
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Steve Vladeck @stevevladeck.bsky.social · 02/06/2025
We’re up to at least 97 cases in which district courts have blocked Trump policies—from 73 different judges (appointed by seven different presidents) in 25 different district courts across 10 circuits. Today’s “One First” looks at what critics of these rulings are leaving out of their narratives:
stevevladeck.com
155. What District Court Critics Aren't Telling You
The increasingly loud claim that district courts are abusing their powers by blocking Trump administration policies depends upon a series of indefensibly selective (and easily rebutted) arguments.
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Steve Vladeck @stevevladeck.bsky.social · 30/05/2025
The Trump administration’s 17th(!!) emergency application asks #SCOTUS for a stay in the “D.V.D.” third-country removals case. Even if the government has a colorable argument against jurisdiction, as I explain at “One First,” the “emergency” is almost entirely one of its own (disingenuous) making:
stevevladeck.com
154. The Government's Unclean Hands in D.V.D.
The Trump administration's latest request for emergency relief from the Supreme Court hides the government's deeply problematic litigation behavior behind a plausible jurisdictional objection.
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Leah Litman @leahlitman.bsky.social · 19/05/2025
The UM Club of DC hosted an event where I got to talk about LAWLESS with Steve Vladeck! And as you can tell we … had a good time 🤣😂😆 @stevevladeck.bsky.social I can’t promise the book alone will be QUITE as much fun, but IMHO it’s still a good time 😀 : bookshop.org/p/books/lawl...
Steve vladeck talking and me laughing Me talking and gesturing and Steve Vladeck smiling Steve Vladeck and me smiling at audience
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Steve Vladeck @stevevladeck.bsky.social · 16/05/2025
For "One First," I took a deeper dive into Friday afternoon's *very* significant #SCOTUS Alien Enemies Act ruling—including why it effectively freezes AEA removals for the foreseeable future and its (much) broader potential impact on *all* attempts to bring nationwide challenges to Trump policies:
stevevladeck.com
151. The Supreme Court's (Alien Enemies Act) Patience is Wearing Thin
A very quick breakdown of Friday afternoon's quietly significant ruling slapping down the lower courts in the Northern District of Texas Alien Enemies Act litigation—and what it means going forward.
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Steve Vladeck @stevevladeck.bsky.social · 12/05/2025
Just filed at #SCOTUS: Our reply brief in Wheeler, a cert. petition asking the justices to take up our challenge to the constitutionality of "short-martials" — the involuntary bench trials Congress has required for certain special courts-martial since 2019: www.supremecourt.gov/DocketPDF/24...
The cover of the reply brief in Wheeler v. United States.The government does not dispute that, from before the Founding through 2018, a servicemember facing a criminal prosecution by a court-martial for any offense had an absolute right to be tried by a panel of fellow servicemembers. Nor does it deny that, since 2019, Congress has authorized involuntary bench trials in a large (and growing) class of cases for no reason other than improving “efficiency.” Pet. 5a; BIO 4. These “short-martials” are empowered to return convictions not just for “relatively minor infractions,” BIO 18, but for military (and civilian) offenses that civilian courts would treat as serious misdemeanors and felonies. And any short-martial conviction carries with it the full suite of collateral consequences, see Pet. 7 n.3, a reality that the brief in opposition does not so much as acknowledge, let alone contest.

The question presented in this case is whether, by depriving servicemembers of a right to a panel—the only procedural right that they’ve always had in military criminal prosecutions—the short-martial violates the Due Process Clause of the Fifth Amendment. As the petition explains, that question is of monumental importance to the military justice system both today and going forward; it is fully and fairly presented here; and there is no reason why this Court must or should wait for some other vehicle to resolve it. Pet. 13–29. The brief in opposition does not dispute any of these points—a telling silence that only reinforces the (already high) stakes of these cases.

Instead, the government claims that petitioners’ Fifth Amendment due process objection is somehow obviated by the petty offense exception to the Sixth Amendment Jury Trial Clause. This argument isdoubly flawed. It offers no reason, let alone a compelling one, for why the petty offense exception is even relevant to petitioners’ due process claim. And in any event, it misapplies that inapposite exception, insisting that a short-martial doesn’t require a panel because it is available only for “low-level military offenses,” BIO 12, i.e., “functional analogues of petty offenses in the civilian context.” Id. at 21. As the petition explained, Pet. 10–12, and as reflected in the cases of two of the three petitioners here, that’s just not true. Thus, even if the petty offense exception could somehow be transmogrified into a due process defense, it would support the decision below only if this Court were to raise its long-settled six-month ceiling. At best, that is an argument for certiorari, not against it.

Next, the government falls back on the deference to which it claims Congress is entitled in deciding how much process is due to military defendants. BIO 18–20. Again, though, this argument only underscores the need for this Court’s review. The government isn’t arguing merely that Congress should receive the benefit of the doubt; it’s arguing that due process for courts-martial means whatever Congress says it does. That argument is inconsistent with both the letter and spirit of Middendorf v. Henry, 425 U.S. 25 (1976), and Weiss v. United States, 510 U.S. 163 (1994). Congress may be entitled to more deference with respect to the rules for courts-martial than for civilian criminal prosecutions. But if “efficiency” alone is enough of a reason to eliminate a procedural right that has always been central to courts-martial without providing adequate alternative safeguards, it’s hard to imagine what Congress could do to violate due process on the government’s view.Shifting focus away from its arguments, the government closes by mischaracterizing the petition—suggesting that it “would set military procedure in stone, tie the hands of Congress, and preclude any number of Congress’s subsequent statutory modifications to court-martial procedures.” BIO 19. Petitioners argue nothing of the kind. Congress is certainly allowed to alter the procedural rules for courts-martial. The question is whether it needs an especially good reason before eliminating an essential procedural protection that U.S. soldiers have enjoyed since the days of the Continental Army—and thereby fundamentally transforming the nature of military justice in the United States.

The petition explains why this Court needs to answer that question—and why it can and should do so here. The arguments the government musters in opposing certiorari only support those conclusions.
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Steve Vladeck @stevevladeck.bsky.social · 09/05/2025
Via "One First," me on why Stephen Miller's riff on suspending habeas corpus is not just factually and legally wrong (in multiple respects), but reflects a dangerous escalation in the Trump administration's rhetorical attacks on the courts: www.stevevladeck.com/p/148-suspen...
stevevladeck.com
148. Suspending Habeas Corpus
In response to adverse rulings in numerous immigration cases, Stephen Miller is raising the specter of suspending habeas. His argument is factually and legally nuts, but it's worth explaining *why.*
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Steven Mazie @stevenmazie.bsky.social · 09/05/2025
Here is what Justice Souter wrote about Justice Stevens when he died six years ago
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Steven Mazie @stevenmazie.bsky.social · 09/05/2025
NEW: the justices' statements on the passing of David Souter
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