Main Wednesday, July 16, 2025Contingent Elections and Electoral College ReformToday when you ask people why they don’t like the Electoral College, their #1 answer would probably be “Because it can allow the person with fewer votes to win.” This concern
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“In Russia, Attorneys Identify *You*”
Main Tuesday, July 15, 2025″In Russia, Attorneys Identify *You*”Pardon the old-fashioned joke. The item is a little more serious. We are used to this being the least transparent administration in modern American history, and in the immigration enforcement area recent…
JOTWELL: Bookman on Gilles on Arbitration Exceptionalism
Main Tuesday, July 15, 2025JOTWELL: Bookman on Gilles on Arbitration ExceptionalismThe new Courts Law essay comes from Pamela Bookman (Fordham) reviewing Myriam Gilles, Arbitration Exceptionalism, arguing that the Court may be pulling back on its overwhelming preference for arbitration.…
Legitimating the Warren Court
Main Tuesday, July 15, 2025Legitimating the Warren CourtThe Bayh Subcommittee served as a safety valve for the Warren Court. What I mean is that controversial decisions during the 1960s were often followed by hearings in the Subcommittee and proposals for…
Undermining district courts
Main Tuesday, July 15, 2025Undermining district courtsSpeaking of SCOTUS’ Order staying the injunction in McMahon, a WH spokesperson said the Court “once again recognized what radical district court judges refuse to accept–President Trump, as head of the executive branch,…
SCOTUS: Trump can burn down the government, for now . . . and later (Updated)
Main Monday, July 14, 2025SCOTUS: Trump can burn down the government, for now . . . and later (Updated)I have not particularly celebrated lower-court decisions preliminarily enjoining enforcement of Trump’s various unlawful stuff. Because I have anticipated that SCOTUS will…
Maybe This Isn’t Antisemitism
Main Sunday, July 13, 2025Maybe This Isn’t AntisemitismBut it is indistinguishable, especially this line about Jews and money: “One people enriched, one people erased.”There is much to condemn about the Israeli destruction of Gaza, but the supposed profit motive for…
Interpleader and exclusive private enforcement
Main Saturday, July 12, 2025Interpleader and exclusive private enforcementIn the early days of S.B. 8 and all it has wrought, Teddy Rave (Texas) proposed a creative path to federal court for potential S.B. 8 defendants–statutory interpleader. The holder…