Dan Epps
@epps.bsky.social
Howard and Caroline Cayne Distinguished Professor of Law, WUSTL. Con law 📜, crim law/pro 👮, SCOTUSology 🏛. Cohost 🎤 @dividedargument.bsky.social.
In case anyone is curious: even if this dismissal becomes final/upheld on appeal, because the dismissal is w/o prejudice, the government will have 6 months to reindict even though the statute of limitations would have otherwise run. Statute:
November 24, 2025 at 5:53 PM
In case anyone is curious: even if this dismissal becomes final/upheld on appeal, because the dismissal is w/o prejudice, the government will have 6 months to reindict even though the statute of limitations would have otherwise run. Statute:
Reposted by Dan Epps
NEW EPISODE: "Counter-Counter-Counter-Designations"
Live from Wilkinson Stekloff's attorney retreat, we dive into the legal (and ethical?) issues in Coney Island Auto Parts Unlimited v. Burton before revisiting last Term's DIG'd case LabCorp v. Davis.
dividedargument.simplecast.com/episodes/cou...
Live from Wilkinson Stekloff's attorney retreat, we dive into the legal (and ethical?) issues in Coney Island Auto Parts Unlimited v. Burton before revisiting last Term's DIG'd case LabCorp v. Davis.
dividedargument.simplecast.com/episodes/cou...
Counter-Counter-Counter-Designations | Divided Argument
Will and Dan record a rare live show in an unusual venue: the Salamander Resort in Middleburg, Virginia, at the annual attorney retreat for trial boutique Wilkinson Stekloff. Dan teaches Will some of ...
dividedargument.simplecast.com
November 20, 2025 at 5:03 PM
NEW EPISODE: "Counter-Counter-Counter-Designations"
Live from Wilkinson Stekloff's attorney retreat, we dive into the legal (and ethical?) issues in Coney Island Auto Parts Unlimited v. Burton before revisiting last Term's DIG'd case LabCorp v. Davis.
dividedargument.simplecast.com/episodes/cou...
Live from Wilkinson Stekloff's attorney retreat, we dive into the legal (and ethical?) issues in Coney Island Auto Parts Unlimited v. Burton before revisiting last Term's DIG'd case LabCorp v. Davis.
dividedargument.simplecast.com/episodes/cou...
Reposted by Dan Epps
I'm quoted in this @nytimes.com piece by @jodikantor.bsky.social about the quandaries faced by the liberal SCOTUS justices today. (link below).
October 31, 2025 at 5:30 PM
I'm quoted in this @nytimes.com piece by @jodikantor.bsky.social about the quandaries faced by the liberal SCOTUS justices today. (link below).
I'm quoted in this @nytimes.com piece by @jodikantor.bsky.social about the quandaries faced by the liberal SCOTUS justices today. (link below).
October 31, 2025 at 5:30 PM
I'm quoted in this @nytimes.com piece by @jodikantor.bsky.social about the quandaries faced by the liberal SCOTUS justices today. (link below).
Just got my copy of Justice Kennedy’s memoir, LIFE, LAW & LIBERTY. I was grateful to have been asked to perform an unusual bit of empirical research while he was writing it.
October 20, 2025 at 1:02 PM
Just got my copy of Justice Kennedy’s memoir, LIFE, LAW & LIBERTY. I was grateful to have been asked to perform an unusual bit of empirical research while he was writing it.
This @rollingstone.com piece by @andrewlseidel.bsky.social is embarrassing. A judge must recuse from any case in which he actually participated, not from all cases involving *legal issues* on which he ever took a position as an attorney on behalf of a client.
Brett Kavanaugh has a clear conflict in a school prayer case.
Will he recuse himself?
The conservative justice could be in a position to overturn a Supreme Court ruling in a case he lost as a private attorney.
Read: www.rollingstone.com/politics/pol...
Will he recuse himself?
The conservative justice could be in a position to overturn a Supreme Court ruling in a case he lost as a private attorney.
Read: www.rollingstone.com/politics/pol...
September 22, 2025 at 4:38 PM
This @rollingstone.com piece by @andrewlseidel.bsky.social is embarrassing. A judge must recuse from any case in which he actually participated, not from all cases involving *legal issues* on which he ever took a position as an attorney on behalf of a client.
Reposted by Dan Epps
Losing my ever-loving-mind watching the same people who were just clutching their pearls claiming censorship over mean emails from WH staffers to Twitter about COVID misinfo are now HAVING THE FCC CHAIR openly threaten broadcast licenses over a joke about the president AND THE BROADCASTERS CENSOR IT
September 18, 2025 at 1:06 PM
Losing my ever-loving-mind watching the same people who were just clutching their pearls claiming censorship over mean emails from WH staffers to Twitter about COVID misinfo are now HAVING THE FCC CHAIR openly threaten broadcast licenses over a joke about the president AND THE BROADCASTERS CENSOR IT
I'm thrilled to have been named the Howard and Caroline Cayne Distinguished Professor of law here at WashU Law! I'm very grateful to the Law School, the University, and my Dean for their support.
September 17, 2025 at 4:47 PM
I'm thrilled to have been named the Howard and Caroline Cayne Distinguished Professor of law here at WashU Law! I'm very grateful to the Law School, the University, and my Dean for their support.
Reposted by Dan Epps
www.insidehighered.com/news/faculty...
The free speech crusade will continue until complete conformity and submission are achieved.
The free speech crusade will continue until complete conformity and submission are achieved.
5 More Faculty, Staff Removed for Kirk Comments
Republican politicians and other conservatives are calling for employees, including those in higher ed, to be terminated for their social media posts about Kirk's killing.
www.insidehighered.com
September 15, 2025 at 11:03 AM
www.insidehighered.com/news/faculty...
The free speech crusade will continue until complete conformity and submission are achieved.
The free speech crusade will continue until complete conformity and submission are achieved.
Reposted by Dan Epps
Case Viewer, my quirky side project of building my ideal legal search & reading app, has come a long way. With lots of help, it's grown into the best way to find & read cases on a Mac, iPhone, or iPad. Check it out or download on the App Store below. And follow @CaseViewerApp for updates!
September 4, 2025 at 3:37 PM
Case Viewer, my quirky side project of building my ideal legal search & reading app, has come a long way. With lots of help, it's grown into the best way to find & read cases on a Mac, iPhone, or iPad. Check it out or download on the App Store below. And follow @CaseViewerApp for updates!
Reposted by Dan Epps
I filed an amicus brief in Callais, this fall's blockbuster voting rights case. I make three arguments. First, the Fifteenth Amendment is the constitutional provision that bans racial discrimination in voting. Second, Shaw should be overturned. Finally, Section 2 of the VRA is constitutional.
September 4, 2025 at 1:10 AM
I filed an amicus brief in Callais, this fall's blockbuster voting rights case. I make three arguments. First, the Fifteenth Amendment is the constitutional provision that bans racial discrimination in voting. Second, Shaw should be overturned. Finally, Section 2 of the VRA is constitutional.
Reposted by Dan Epps
The Divided Argument podcast had me on to talk about my new book *The Oldest Constitutional Question: Enumeration and Federal Power.* Very much enjoyed the conversation.
Listen here:
www.dividedargument.com/episodes/bed...
@dividedargument.bsky.social @williambaude.bsky.social @epps.bsky.social
Listen here:
www.dividedargument.com/episodes/bed...
@dividedargument.bsky.social @williambaude.bsky.social @epps.bsky.social
Bedrock Con Law 101 | Divided Argument
We're joined by Michigan law professor Richard Primus to talk about his new book, "The Oldest Constitutional Question: Enumerated and Federal Power." Richard describes one of the the most widespread b...
www.dividedargument.com
August 29, 2025 at 9:15 PM
The Divided Argument podcast had me on to talk about my new book *The Oldest Constitutional Question: Enumeration and Federal Power.* Very much enjoyed the conversation.
Listen here:
www.dividedargument.com/episodes/bed...
@dividedargument.bsky.social @williambaude.bsky.social @epps.bsky.social
Listen here:
www.dividedargument.com/episodes/bed...
@dividedargument.bsky.social @williambaude.bsky.social @epps.bsky.social
NEW PAPER: "Justifying the Fourth Amendment," forthcoming in the Vanderbilt Law Review, now up on @ssrn.bsky.social:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
August 12, 2025 at 2:17 PM
NEW PAPER: "Justifying the Fourth Amendment," forthcoming in the Vanderbilt Law Review, now up on @ssrn.bsky.social:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Dan Epps
NEW EPISODE: "Originalism Hulk"
It's fraud day as we dig into Kousis v. US and Thompson v. US!
dividedargument.simplecast.com/episodes/ori...
It's fraud day as we dig into Kousis v. US and Thompson v. US!
dividedargument.simplecast.com/episodes/ori...
Originalism Hulk | Divided Argument
Continuing our long slog through the end-of-Term opinion dump, it's fraud day! We dig into Kousisis v. United States and Thompson v. United States, two interesting federal criminal law puzzles.
dividedargument.simplecast.com
August 9, 2025 at 1:14 PM
NEW EPISODE: "Originalism Hulk"
It's fraud day as we dig into Kousis v. US and Thompson v. US!
dividedargument.simplecast.com/episodes/ori...
It's fraud day as we dig into Kousis v. US and Thompson v. US!
dividedargument.simplecast.com/episodes/ori...
Justice Sotomayor thinks that Justices have "earned" their seats, so even a constitutional amendment can't limit their tenure. Justiceships are guaranteed by pre-constitutional meta-due process?
Surprisingly dumb view...
(via @rickpildes.bsky.social)
electionlawblog.org?p=151478
Surprisingly dumb view...
(via @rickpildes.bsky.social)
electionlawblog.org?p=151478
August 10, 2025 at 1:43 PM
Justice Sotomayor thinks that Justices have "earned" their seats, so even a constitutional amendment can't limit their tenure. Justiceships are guaranteed by pre-constitutional meta-due process?
Surprisingly dumb view...
(via @rickpildes.bsky.social)
electionlawblog.org?p=151478
Surprisingly dumb view...
(via @rickpildes.bsky.social)
electionlawblog.org?p=151478
Reposted by Dan Epps
This paper provides a detailed analysis of how the U.S. Executive Branch interprets and practices constitutional #law.
spkl.io/63323AHGX1
@epps.bsky.social @conorclarke.bsky.social #LawSky
spkl.io/63323AHGX1
@epps.bsky.social @conorclarke.bsky.social #LawSky
July 30, 2025 at 3:00 PM
This paper provides a detailed analysis of how the U.S. Executive Branch interprets and practices constitutional #law.
spkl.io/63323AHGX1
@epps.bsky.social @conorclarke.bsky.social #LawSky
spkl.io/63323AHGX1
@epps.bsky.social @conorclarke.bsky.social #LawSky
Spotted in the air above Salisbury beach, MA.
This is not going away.
This is not going away.
July 30, 2025 at 3:53 PM
Spotted in the air above Salisbury beach, MA.
This is not going away.
This is not going away.
NEW ARTICLE on SSRN: "The Practice of Executive Constitutionalism," by me and @conorclarke.bsky.social, forthcoming in the Virginia Law Review.
Check it out!
papers.ssrn.com/sol3/papers....
Check it out!
papers.ssrn.com/sol3/papers....
July 24, 2025 at 3:43 PM
NEW ARTICLE on SSRN: "The Practice of Executive Constitutionalism," by me and @conorclarke.bsky.social, forthcoming in the Virginia Law Review.
Check it out!
papers.ssrn.com/sol3/papers....
Check it out!
papers.ssrn.com/sol3/papers....
Reposted by Dan Epps
Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue.
My working draft is below, and comments are most welcome.
papers.ssrn.com/sol3/papers....
My working draft is below, and comments are most welcome.
papers.ssrn.com/sol3/papers....
Foreword: To A Conservative Warren Court
Ideological conflict has masked an underlying continuity in the American legal system. In recent years, the Supreme Court -- while obviously subject to fierce c
papers.ssrn.com
July 23, 2025 at 2:28 PM
Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue.
My working draft is below, and comments are most welcome.
papers.ssrn.com/sol3/papers....
My working draft is below, and comments are most welcome.
papers.ssrn.com/sol3/papers....
10 year old has had an Apple watch for about 24 hours and has already mastered the art of the passive aggressive text
July 21, 2025 at 7:28 PM
10 year old has had an Apple watch for about 24 hours and has already mastered the art of the passive aggressive text
I’m very sad about the death of Richard Fallon, an amazing scholar, teacher, and person. He was my fed courts prof—one of my favorite classes ever. An unsolicited email from him complimenting my harmless error piece is one of the academic honors of which I’m proudest. A big loss.
July 21, 2025 at 4:59 PM
I’m very sad about the death of Richard Fallon, an amazing scholar, teacher, and person. He was my fed courts prof—one of my favorite classes ever. An unsolicited email from him complimenting my harmless error piece is one of the academic honors of which I’m proudest. A big loss.
I’m quoted in this @adamliptak.bsky.social @nytimes.com piece on unexplained SCOTUS orders (🎁 link):
www.nytimes.com/2025/07/16/u...
www.nytimes.com/2025/07/16/u...
July 16, 2025 at 12:17 PM
I’m quoted in this @adamliptak.bsky.social @nytimes.com piece on unexplained SCOTUS orders (🎁 link):
www.nytimes.com/2025/07/16/u...
www.nytimes.com/2025/07/16/u...
Reposted by Dan Epps
"Divided Argument" with @epps.bsky.social and @williambaude.bsky.social is always a must-listen for SCOTUS nerds, and I thought this latest episode—focusing on Mahmoud and Paxton—was particularly interesting. Good stuff.
dividedargument.com/episodes/did...
dividedargument.com/episodes/did...
Didactic and Inculcatory | Divided Argument
We look at the final orders list before summer break, and then continue to work through last month's opinions, this time with an extended analysis of two decisions about children and culture wars -- M...
dividedargument.com
July 14, 2025 at 10:05 AM
"Divided Argument" with @epps.bsky.social and @williambaude.bsky.social is always a must-listen for SCOTUS nerds, and I thought this latest episode—focusing on Mahmoud and Paxton—was particularly interesting. Good stuff.
dividedargument.com/episodes/did...
dividedargument.com/episodes/did...
Law professors like to complain about grading exams and say it's the worst part of the job. This is incorrect. Grading is not that bad.
The most painful part, by far, is having to revise your own papers.
The most painful part, by far, is having to revise your own papers.
July 1, 2025 at 6:38 PM
Law professors like to complain about grading exams and say it's the worst part of the job. This is incorrect. Grading is not that bad.
The most painful part, by far, is having to revise your own papers.
The most painful part, by far, is having to revise your own papers.
Join me at @scotusblog.com, where I'll be live-blogging today's opinion hand-down starting in about 30 minutes!
www.scotusblog.com/2025/06/anno...
www.scotusblog.com/2025/06/anno...
Announcement of opinions for Thursday, June 26
On Thursday, June 26, we will be live blogging as the court releases opinions in one or more argued cases from the current term. Click here for a list of FAQs about […]
www.scotusblog.com
June 26, 2025 at 1:02 PM
Join me at @scotusblog.com, where I'll be live-blogging today's opinion hand-down starting in about 30 minutes!
www.scotusblog.com/2025/06/anno...
www.scotusblog.com/2025/06/anno...