Stephen I. Vladeck

Steve Vladeck

@stevevladeck.bsky.social

240K followers 1K following 2.4K posts

@ksvesq.bsky.social’s husband; father of daughters; professor @georgetownlaw.bsky.social; #SCOTUS nerd @CNN.com

Bio: www.law.georgetown.edu/faculty/stephen-i-vladeck

"One First" Supreme Court newsletter: stevevladeck.com

Book: tinyurl.com/shadowdocketpb .. more

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Stephen Isaiah Vladeck is an American legal scholar. He is a professor at the Georgetown University Law Center, where he specializes in the federal courts, constitutional law, national security law, and military justice, especially with relation to the prosecution of war crimes. Vladeck has commented on the legality of the United States' use of extrajudicial detention and torture, and is a regular contributor to CNN. .. more

Political science 64%

Law 14%

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Steve Vladeck @stevevladeck.bsky.social · Apr 4

I’m really excited about this — and about the chance to work with Allison Lorentzen and the entire @vikingbooks.bsky.social team!

KSV @ksvesq.bsky.social · Apr 4

The best guy I know just sold his (second) book and I COULD NOT BE MORE PROUD!

“The Court We Need” — scheduled for Fall 2026 release. More important than ever.

Steve Vladeck @stevevladeck.bsky.social · 6h

Lindsey Graham got in some trouble for this:

www.armfor.uscourts.gov/opinions/200...

www.armfor.uscourts.gov

Steve Vladeck @stevevladeck.bsky.social · 1d

Lindsey Graham has entered the chat:

www.armfor.uscourts.gov/opinions/200...

www.armfor.uscourts.gov

Steve Vladeck @stevevladeck.bsky.social · 1d

TBC, Kelly can still argue that the Speech or Debate Clause of Article I forecloses any prosecution here; and that, even if doesn't, the First Amendment does.

My point is only that, surprising though it may be, the government *does* have the power, for now, to court-martial retired servicemembers.

Steve Vladeck @stevevladeck.bsky.social · 1d

Yes, but that's a separate issue to whether he could be court-martialed at all.

Steve Vladeck @stevevladeck.bsky.social · 1d

Article 88 was one of our worst-case scenario examples...

Steve Vladeck @stevevladeck.bsky.social · 1d

Yes. That’s what all of the cases I’ve been litigating are about—retirees, not reservists.

Reposted by Michael D. McDonald

Steve Vladeck @stevevladeck.bsky.social · 1d

Back in 2022, a divided D.C. Circuit panel *upheld* the military's constitutional power to court-martial retired servicemembers even for *post-retirement* offenses:

cases.justia.com/federal/appe...

I'm biased (I represented the appellee), but Judge Tatel's dissent seems clearly right to me.

Alas.

cases.justia.com

Reposted by Kim L. Scheppele

Steve Vladeck @stevevladeck.bsky.social · 1d

Me on DOJ’s behavior: “it’s malevolence *exacerbated* by incompetence. That’s problematic enough for the government’s credibility before federal district judges. But at some point soon, one suspects that the Supreme Court itself may well have to grapple with its consequences—or risk being duped.”

194. Another Bad Week for the Presumption of Regularity

Three different flashpoints highlight how much the Trump administration has done, in such short order, to undermine its own litigation efforts and to damage—perhaps irreparably—DOJ's credibility.

www.stevevladeck.com

Reposted by David R. Miller, John Palfrey, Stacy D. VanDeveer

Steve Vladeck @stevevladeck.bsky.social · 4d

If you had told me Mamdani and MTG would both be in the news today, and gave me eleventy thousand guesses as to why, I’d … still be guessing.

Steve Vladeck @stevevladeck.bsky.social · 4d

No it really isn’t; administrative stays are usually reserved for cases in which some irreparable harm could occur in the time it would take the full Court to rule. This really strikes me as gratuitous.

Steve Vladeck @stevevladeck.bsky.social · 4d

I’ll confess that I don’t fully understand exactly why Texas needed an administrative stay here; everyone agrees that the earliest deadline for the primaries (the candidate filing deadline) isn’t until December 8.

Pausing the ruling *now* seems gratuitous—but also a sign about where this is headed.

Steve Vladeck @stevevladeck.bsky.social · 4d

#BREAKING: Just hours after Texas asked #SCOTUS to pause Tuesday’s ruling that had blocked its new House congressional district maps, Justice Alito has issued a temporary “administrative” stay pausing that ruling (and putting the new maps back into place) while the full Court considers next steps:

Supreme Court of the United States
No. 25A608
GREG ABBOTT, GOVERNOR OF TEXAS, ET AL., C
Applicants
V.
LEAGUE OF UNITED LATIN AMERICAN CITIZENS, ET AL.
ORDER
UPON CONSIDERATION of the application of counsel for the
applicants,
IT IS ORDERED that the November 18, 2025 order of the United
States District Court for the Western District of Texas, case No. 3:21-cv-259
is hereby administratively stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Monday, November 24, 2025, by 5 p.m. (EST).

Steve Vladeck @stevevladeck.bsky.social · 5d

7YO had to write at school about a “character.”

My work is done.

Week 3 • Day 5
Name
Alexander Hamilton
by Sydney Vladeck

Alexander Hamitton was a real person. He fought in the revilutonary war. He had nine children but then one of there dildren dide they had an other chialed that they named after him Alexand Hamilter! dide in a duel with Aaron Burr (America sings for him). His wifes name was Elizabeth Schuyler

Reposted by Stephen I. Vladeck

Liza Goitein @lizagoitein.bsky.social · 5d

Important and timely piece by @chrismirasola.bsky.social in today's @lawfare on why Trump couldn't deploy active-duty troops to perform security functions for ICE under a claim of inherent constitutional power to protect federal property/personnel/functions. www.lawfaremedia.org/article/conf...

Confronting the Protective Power

The president’s theory of constitutional authority to deploy active-duty troops is more dangerous than the government’s briefing suggests.

www.lawfaremedia.org

Steve Vladeck @stevevladeck.bsky.social · 5d

You seem to have my substantive newsletter about the Supreme Court confused with a Democratic political communications firm's fundraising mailers.

Steve Vladeck @stevevladeck.bsky.social · 5d

"Before folks assume that one side of this fight clearly acted in bad faith and the other didn’t, it’s worth indulging the possibility that Purcell itself is the culprit—and that its standardless-ness creates perverse incentives for lower courts in election cases."

Me on the TX redistricting case:

Bonus 193: The Pernicious Effects of Purcell

The remarkable row between the majority and dissent in the three-judge district court's ruling in the Texas redistricting case can be traced directly to the Supreme Court's election-related case law.

www.stevevladeck.com

Steve Vladeck @stevevladeck.bsky.social · 6d

I prefer yours.

Steve Vladeck @stevevladeck.bsky.social · 6d

Kindle app on phone?

Steve Vladeck @stevevladeck.bsky.social · 6d

Of course not.

Reposted by Steve Peers

Steve Vladeck @stevevladeck.bsky.social · 6d

My “my 17 references to George Soros aren’t political” footnote is raising a lot of questions answered by my footnote.

Taniel @taniel.bsky.social · 6d

But worry not, he has a footnote explaining why his fixation on Soros "is not political."

I suppose someone will say that in making these comments about the Soros connections, I’m expressing a political view, not the proper role of a federal judge. To the contrary: As I say above, the political branches engage in policy and politics. It’s our job as judges to let that happen, but it’s also our duty to recognize the societal and political effects of what we do, regardless of whether we approve of those downstream results. Today’s ruling has dramatic political consequences by meddling in the orderly processes of a duly-elected state government. It’s not “political” for me to point that out by describing the political dynamics that are inherent in the litigation of redistricting cases.

Reposted by Rebecca Tushnet, Stephen I. Vladeck

Taniel @taniel.bsky.social · 6d

But worry not, he has a footnote explaining why his fixation on Soros "is not political."

Steve Vladeck @stevevladeck.bsky.social · 6d

This one is … extreme.

Reposted by Steve Peers, Stephen I. Vladeck

KSV @ksvesq.bsky.social · 6d

Lindsey Halligan finding out she actually had to show the Comey indictment to the *entire* grand jury

a woman wearing a yellow plaid jacket says " ugh as if "

ALT: a woman wearing a yellow plaid jacket says " ugh as if "

media.tenor.com

Steve Vladeck @stevevladeck.bsky.social · 6d

This is exactly why the Supreme Court’s “Purcell principle” case law is so pernicious: It creates unprecedented incentives on the part of lower-court judges either to hustle out rulings that alter voting-related rules or to slow them down—and *everyone* assumes the other side’s motives are impure.

Jim Saksa @jimsaksa.com · 6d

Judge Jerry Smith (Reagan appointee) is out with his dissent in the Texas redistricting case, and it is WILD

www.democracydocket.com/wp-content/u...

Reposted by Ann Bartow, Eric J. Segall, Stephen I. Vladeck , and 1 more Ann Bartow, Eric J. Segall, Stephen I. Vladeck, David Darmofal

Jim Saksa @jimsaksa.com · 6d

Judge Jerry Smith (Reagan appointee) is out with his dissent in the Texas redistricting case, and it is WILD

www.democracydocket.com/wp-content/u...

Steve Vladeck @stevevladeck.bsky.social · 6d

This *entire* episode is all of the evidence anyone should ever need, regardless of their politics, for why it's important to have experienced career officials in key government positions (like U.S. Attorney), rather than partisan cronies (unlawfully) appointed solely to do the President's bidding.

Anna Bower @annabower.bsky.social · 6d

The facts are complicated, but here’s a summary of what appears to have happened based on the filings and today’s hearing:

Anna Bower @annabower.bsky.social · 6d

NEWS: During a hearing in federal court in VA, prosecutors confirmed that the operative indictment in the case against James Comey was never shown to or voted on by the entire grand jury before it was presented in open court.

Defense counsel argued that’s a complete bar to further prosecution

Reposted by Steve Peers, James Goodwin, Seth Masket , and 1 more Steve Peers, James Goodwin, Seth Masket, Stephen I. Vladeck

Anna Bower @annabower.bsky.social · 6d

The facts are complicated, but here’s a summary of what appears to have happened based on the filings and today’s hearing:

Anna Bower @annabower.bsky.social · 6d

Steve Vladeck @stevevladeck.bsky.social · 6d

This is a *very* niche post, but I’ve now been the subject of a David Aldridge moment on the Tony Kornheiser Show, so I think I can retire in peace.

Steve Vladeck @stevevladeck.bsky.social · 6d

Coolidge, not Hoover.

Steve Vladeck @stevevladeck.bsky.social · 7d

I received an interlibrary loan request today for an electronic copy of one of the bonus issues of my newsletter from a lovely librarian at Middlebury College.

My response:

"Anything for a NESCAC school, especially if it isn't Williams!"

#IYKYK

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