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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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Reposted by Steve Vladeck
Susan Rinkunas @susanrinkunas.com · 10/10/2026
Auditions for a Supreme Court seat continue apace
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Steve Vladeck @stevevladeck.bsky.social · 10/10/2026
It takes six votes to agree to summary adjudication, but it can be 5-4 as to the result thereafter.
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Steve Vladeck @stevevladeck.bsky.social · 10/10/2026
As I’ve explained before, the mere presence of unresolved legal questions is just *not* an obstacle to this Court vacating a lower-court stay of execution: www.stevevladeck.com/p/10-tinkeri...
stevevladeck.com
10. Tinkering With the Machinery of Death
With a new presumption against eleventh-hour challenges, the Supreme Court is routinely clearing the way for executions to proceed even while colorable objections remain unresolved.
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Steve Vladeck @stevevladeck.bsky.social · 10/10/2026
I don’t know about a first petition, but here’s a 5-4 majority in July 2020 vacating federal prisoners’ stays of execution even though, as the dissent explained, there were unanswered questions on the merits: www.supremecourt.gov/opinions/19p...
supremecourt.gov
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Steve Vladeck @stevevladeck.bsky.social · 10/10/2026
#SCOTUS has done this twice already this year.
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Steve Vladeck @stevevladeck.bsky.social · 10/10/2026
Nope. The case you’re citing is pre-AEDPA.
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
Some time ago (but still *way* too recently), I had trouble at the airport with a TSA staffer who didn't recognize "Washington, D.C." as a valid issuer of driver's licenses.
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
One of my favorite trivia questions is to name the three countries that have two-letter state-like USPS abbreviations.
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
Now *that* I would've screenshotted and celebrated, as opposed to this b.s.
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
LOL. One could have some real fun with this...
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
Then they'll mail the check to Washington, WA. I think "Washington, N/A 200xx" has a higher chance of making it to me.
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
In the year of our lord 2026, a pull-down list for "state" as part of a vendor registration form provided by an Ivy League university does not offer the District of Columbia as a possible choice. C'mon people.
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
In Giraud (the Alina Habba case), she also promised that she would file a dissent from the denial of rehearing en banc "at a later date": storage.courtlistener.com/recap/gov.us... That was ... 8.5 months ago.
storage.courtlistener.com
Court Order Filed – #86 in United States v. Julien Giraud, Jr. (3rd Cir., 25-2635) – CourtListener.com
ORDER (HARDIMAN, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, FREEMAN, MONTGOMERY-REEVES, CHUNG, MASCOTT, SMITH and FISHER*, Circuit Judges) The petition for rehearing filed by Appellant, United St...
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
No, because he'll need a stay of execution long before the underlying lawsuit can be fully adjudicated. And even if lower courts grant one, #SCOTUS can always vacate it.
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
Hence the “if.”
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
Here's something I wrote for @politico.com back in 2019, right after the really important ruling in which a 5-4 Court turned its back on more than six decades of Eighth Amendment jurisprudence: www.politico.com/magazine/sto...
politico.com
It's Neil Gorsuch's Supreme Court Now, Not Anthony Kennedy's
Monday's 5-4 decision is a foreboding omen of the rancor yet to come.
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
Right after Justice Kennedy retired, #SCOTUS materially shifted its Eighth Amendment jurisprudence, moving away from a test tied to "evolving standards of decency," and toward a static assessment of what was cruel and unusual in 1791. That shift will matter a *lot* if there's a challenge in Hasan.
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
Star Trek IV: The Voyage Home Alone
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
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 · 09/10/2026
(Different hearing.)
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
Did you see the link in my post?
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Steve Vladeck @stevevladeck.bsky.social · 09/10/2026
Umm, *I was the “somebody”! www.c-span.org/clip/house-c...
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Steve Vladeck @stevevladeck.bsky.social · 08/10/2026
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 · 08/10/2026
As the post argues in detail.
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Reposted by Steve Vladeck
Steve Vladeck @stevevladeck.bsky.social · 08/10/2026
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 · 08/10/2026
As the first paragraph of the post notes…
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Steve Vladeck @stevevladeck.bsky.social · 08/10/2026
That link isn’t live yet, but it should be shortly.
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Steve Vladeck @stevevladeck.bsky.social · 08/10/2026
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 · 08/10/2026
As the post explains, it expanded temporarily to 437, but reverted to 435 after the 1960 Census (in which two states lost seats to the new admittees).
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Steve Vladeck @stevevladeck.bsky.social · 08/10/2026
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 · 08/10/2026
Which is why the post argues for a version of its text, not its literal text.
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Steve Vladeck @stevevladeck.bsky.social · 08/10/2026
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.
34868229
Steve Vladeck @stevevladeck.bsky.social · 08/10/2026
H to the no.
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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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Reposted by Steve Vladeck
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
Too late!: bsky.app/profile/stev...
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
We're all just lesser white men.
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
Congratulations! Can't wait to read it.
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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
Is there anything to the possibility that there are folks who haven't accepted what you have about Alito, and who might still benefit from efforts to identify the shortcomings in his analyses, either because they find those efforts persuasive or because they at least become aware that they exist?
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
Agreed. I also think there are important recent examples of the post-argument consensus being wrong (about the margin, at least, if not the outcome).
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
The food was terrible—and such small portions!
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
See also: bsky.app/profile/stev...
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
There are better ones, e.g.: bsky.app/profile/stev...
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
I'll admit that the fuming bothers me a lot less than the refusal (or inability?) to actually engage with the substance of the critiques. Folks like me have been saying the exact same things about the Court's behavior on the emergency docket for five years, and his response is totally orthogonal.
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
See also "maybe I should check to see how my arguments have held up over the last five years? Nah!"
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Steve Vladeck @stevevladeck.bsky.social · 06/10/2026
I've never understood what the response is to Part V of Justice Ginsburg's dissent.
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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.
1133733758
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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