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Marty Lederman @martylederman.bsky.social · 06/10/2026

This assumes the next vacancy would occur *after* January 3.

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Marty Lederman @martylederman.bsky.social · 05/10/2026

And they're now making very different decisions without it." [5]

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Marty Lederman @martylederman.bsky.social · 05/10/2026

Would have been nice, I think, if Jan Greenberg had responded, as virtually any of us would have, that "For your information, virtually every woman I know made crucial life decisions--in the workplace, the bedroom, the doctor's office, deciding where to live, etc.--in reliance on Roe. ... [4]

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Marty Lederman @martylederman.bsky.social · 05/10/2026

"Countless women will now make different decisions about careers, education, relationships, and whether to try to become pregnant than they would have when Roe served as a backstop....For millions of women, Roe and Casey have been critical in giving them control of their bodies and their lives." [3]

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Marty Lederman @martylederman.bsky.social · 05/10/2026

Just to be clear, this isn't much different from what he wrote in Dobbs. To which Justices Breyer, Sotomayor and Kagan aptly responded: "This is to ignore as judges what we know as men and women. The interests women have in Roe and Casey are perfectly, viscerally concrete." [2]

supremecourt.gov

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Marty Lederman @martylederman.bsky.social · 05/10/2026

Samuel Alito: We won't overturn Obergefell because it's engendered reliance interests. Jan Crawford: Well, many people had organized their lives around Roe v. Wade. Alito: No, they didn't. Women merely had an "abstract" interest in "ideas about the kind of society that they were going to live in."

cbsnews.com

The Alito Court: A rare interview with the influential Supreme Court justice

Justice Samuel Alito discussed his opinion in the Dobbs decision overturning Roe v. Wade, the leaked draft and its aftermath, same-sex marriage rights and why he's not retiring yet.

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Marty Lederman @martylederman.bsky.social · 04/10/2026

What a remarkable song--and hard to imagine it being written by a 21-year-old kid.

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Marty Lederman @martylederman.bsky.social · 04/10/2026

The MLB Rule Book provides only that it's a strike if the batter "struck at" the pitch. Yet in *every* case of a checked swing, the batter began to "strike at" the pitch and then ... stopped striking at it. [2]

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Marty Lederman @martylederman.bsky.social · 04/10/2026

With all these contested check-swing calls in the Brewers/Padres game--and the typical confidence of the broadcast team about whether a hitter "went around"--it's worth remembering that *there is no rule* that effectively governs the question. [1]

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Marty Lederman @martylederman.bsky.social · 30/09/2026

I don't know if there's a solid legal claim here and I'm certainly skeptical of Uthmeier, but this is a helluva lede: "[OpenAI/Sam Altman] have asked the government to tie them to the mast. Plaintiff brings good news to the Defendants: The Florida Attorney General is answering your cry for help."

myfloridalegal.com

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Marty Lederman @martylederman.bsky.social · 27/09/2026

I honestly thought this post was about the Michigan football program.

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Marty Lederman @martylederman.bsky.social · 27/09/2026

Poetic justice for Michigan (and I'm a U-M alum). If the University had any class and integrity, it would have conceded the loss to Western Michigan.

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Marty Lederman @martylederman.bsky.social · 26/09/2026

I'm sure I read your piece back then--hoping I can unearth it somewhere online, or perhaps in my piles of yellowing clips ...

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Marty Lederman @martylederman.bsky.social · 26/09/2026

Wow. Both the essay and the video, which somehow I'd never seen before. Essential.

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Marty Lederman @martylederman.bsky.social · 26/09/2026

Thanks so much, @annkpowers.bsky.social, for this. "Beloved" is just right--47 years and counting for me. Maggie's death was and remains gutting. Wish "A Dove" got more love, though. Possibly add "You're the Two" and (especially) "Maid of the Seas" to your list? [1] view.nl.npr.org?vawpToken=YA...

view.nl.npr.org

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Marty Lederman @martylederman.bsky.social · 25/09/2026

... the District Court and Court of Appeals should not order or otherwise require Missouri to use the 2025 map in the 2026 congressional election in Missouri."

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Marty Lederman @martylederman.bsky.social · 25/09/2026

No dissents. And this is about as unequivocal as it gets: "The District Court and Court of Appeals should not enjoin or otherwise prohibit the use of the 2022 map in the 2026 congressional election in Missouri. And ... @rickhasen.bsky.social

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Marty Lederman @martylederman.bsky.social · 25/09/2026

Stay granted in Missouri election case. "Our conclusion that pteh Eighth Circuit's decision] was error should come as no surprise." (And they expressly find at least one plaintiff had standing!) www.supremecourt.gov/opinions/25p...

supremecourt.gov

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Marty Lederman @martylederman.bsky.social · 25/09/2026

So many questions. Is "Is the book good?" the "question we should be asking"? (A. Gefen) Is "artificial literature" an oxymoron? (A. Quentin) Should we call it "super literature"? (D. Trump) What'll we think of this controversy in ten years? (M. Lederman) www.nytimes.com/2026/09/25/w...

nytimes.com

Charges of A.I. Writing in a Lauded Novel, and a Fight Over the Literary Future

“It Was Either That Or Die,” by the Haitian-Canadian author Thélyson Orélien, was the hit of the French literary season. Now it has been pulled from the shortlist for a prestigious prize.

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Marty Lederman @martylederman.bsky.social · 25/09/2026

So, Jamal, what's your top 10?! (apart from Sopranos)

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Marty Lederman @martylederman.bsky.social · 25/09/2026

Anyone have a link to the pleading?

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Marty Lederman @martylederman.bsky.social · 24/09/2026

OK, now that KBJ has set a briefing schedule extending into next week *without* granting an administrative stay, it'll be very interesting to see whether a Court majority votes to allow removal of dozens or hundreds to third countries over the next few days.

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Marty Lederman @martylederman.bsky.social · 24/09/2026

... that "Plaintiffs" have violated "the standards of professionalism and decorum expected of those given access to the White House Complex."

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Marty Lederman @martylederman.bsky.social · 24/09/2026

ICYMI: Yesterday, the Department of Justice actually submitted this unhinged Truth Social post to a federal court as (literally) "Exhibit A" in justification of Trump's exclusion of MSNow from the White House. What can you possibly say? [1] storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

Exhibit – #23, Att. #2 in CABLE NEWS NETWORK, INC. v. TRUMP (D.D.C., 1:26-cv-03287) – CourtListener.com

DECLARATION Supplemental Notice by STEVEN CHEUNG, SEAN M. CURRAN, DONALD J. TRUMP, SUSAN WILES. (Attachments: # 1 Exhibit, # 2 Exhibit)(Velchik, Michael) (Entered: 09/23/2026)

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Marty Lederman @martylederman.bsky.social · 24/09/2026

The SG didn't file, nor did the Court act on Wednesday.

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Marty Lederman @martylederman.bsky.social · 24/09/2026

... that "Plaintiffs" have violated "the standards of professionalism and decorum expected of those given access to the White House Complex."

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Marty Lederman @martylederman.bsky.social · 24/09/2026

The MSNow story about Ford's Theater, by the way, is "Exhibit B," which DOJ attorney Michael Velchik submitted, together with the Truth Social post, as the sole "support" for the argument ... storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

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Marty Lederman @martylederman.bsky.social · 24/09/2026

Yesterday, the Department of Justice actually submitted this unhinged Truth Social post to a federal court as (literally) "Exhibit A" in justification of Trump's exclusion of MSNow from the White House. storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

Exhibit – #23, Att. #1 in CABLE NEWS NETWORK, INC. v. TRUMP (D.D.C., 1:26-cv-03287) – CourtListener.com

DECLARATION Supplemental Notice by STEVEN CHEUNG, SEAN M. CURRAN, DONALD J. TRUMP, SUSAN WILES. (Attachments: # 1 Exhibit, # 2 Exhibit)(Velchik, Michael) (Entered: 09/23/2026)

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Marty Lederman @martylederman.bsky.social · 24/09/2026

storage.courtlistener.com

Exhibit – #23, Att. #1 in CABLE NEWS NETWORK, INC. v. TRUMP (D.D.C., 1:26-cv-03287) – CourtListener.com

DECLARATION Supplemental Notice by STEVEN CHEUNG, SEAN M. CURRAN, DONALD J. TRUMP, SUSAN WILES. (Attachments: # 1 Exhibit, # 2 Exhibit)(Velchik, Michael) (Entered: 09/23/2026)

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Marty Lederman @martylederman.bsky.social · 23/09/2026

Party briefs are now in. Possible the federal SG will file in next 20 minutes. Court likely to act later today.

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Marty Lederman @martylederman.bsky.social · 23/09/2026

All of this is very right, Genevieve, and Trump will almost surely lose here. DOJ does, however, get some mileage out of the fact that the President can decide--on viewpoint grounds!--to give "privileged" access to particular journalists in granting interviews/close access, etc.

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Marty Lederman @martylederman.bsky.social · 23/09/2026

You write that you think the TransUnion inquiry "is a fool’s errand"--something on which you and I and Clarence Thomas agree! (how rare is *that*?)--"but many do not." Really? Who are the "many" who think TransUnion is right and that its inquiry isn't misguided? [2]

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Marty Lederman @martylederman.bsky.social · 23/09/2026

This is really good but, as its final sentence acknowledges, it assumes something not in evidence, viz., that the SCOTUS majoirty genuinely cares about first principles and history & tradition. Cf. also the latest (terrific) Bayefsky and Nelson articles. One question for Will: [1]

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Marty Lederman @martylederman.bsky.social · 23/09/2026

Application to SCOTUS. Response due at 2:00. www.supremecourt.gov/DocketPDF/26...

supremecourt.gov

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Reposted by Marty Lederman

Marty Lederman @martylederman.bsky.social · 23/09/2026

Eighth Circuit just denied plaintiffs' emergency motion to recall the mandate and stay the injunction, so now it's on to the SCOTUS. @rickhasen.bsky.social

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Reposted by Marty Lederman

Mark Histed @markhisted.org · 23/09/2026

These people inside NIH working on grants are really the best of the country, people who are not being paid big bucks but care about the mission; care about something bigger than themselves.

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Marty Lederman @martylederman.bsky.social · 23/09/2026

Eighth Circuit just denied plaintiffs' emergency motion to recall the mandate and stay the injunction, so now it's on to the SCOTUS. @rickhasen.bsky.social

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Marty Lederman @martylederman.bsky.social · 22/09/2026

If I'm not mistaken, this (unlawful) injunction would prevent Missouri from having *any* House election in November, b/c there are now two injunctions--one prohibiting the use of the "2025" map and the other prohibiting the use of all other maps. storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

Permanent Injunction – #60 in Onder v. State of Missouri (E.D. Mo., 4:26-cv-01424) – CourtListener.com

AMENDED PERMANENT INJUNCTION: On September 21, 2026, the Eighth Circuit issued its disposition in Onder v. von Glahn, No. 26-2797 (8th Cir. Sep. 21, 2026). In accord with the Eighth Circuit's order, t...

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Marty Lederman @martylederman.bsky.social · 22/09/2026

Perfect choice of song to play together for the encore of the final gig of their joint tour--released right in between Exile in Guyville and Call the Doctor! #sleater-kinney #lizphair www.youtube.com/watch?v=oAnY...

youtube.com

Liz Phair & Sleater Kinney "Connection" (Elastica Cover) LIVE | Boston, MA | September 21, 2026

YouTube video by Concerts Hub

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Marty Lederman @martylederman.bsky.social · 22/09/2026

... I think you'd prefer no apex Court. But why think the lower courts wouldn't be worse? And that state legislatures and executives--and federal, too--wouldn''t use the absence of a SCOTUS to enact/do countless horrific things?

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Marty Lederman @martylederman.bsky.social · 22/09/2026

Don't know what "take away the court" means, nor what the juvenile stuff (clerks, AC) would accomplish (even if you weren't short by several hundred votes in Congress to get there). More fundamentally ...

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Marty Lederman @martylederman.bsky.social · 22/09/2026

I know I'm going to regret asking this but ... under your preferred alternative, what would it mean for (someone--who?) to "wreck the Court"?

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