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Aaron Bruhl

@aaronbruhl.bsky.social

7.9K followers 1.4K following 330 posts

Law professor Statutory interpretation, legislation, federal courts, administrative law Research: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=648978 Posts do not speak for my employer

papers.ssrn.com

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Aaron Bruhl @aaronbruhl.bsky.social · Nov 7

In light of the influx of people here, a brief intro:

I write about legislation and judicial process. I’m currently working on papers about (1) statutes that backstop threatened constitutional rights, (2) pre-Erie understandings of interpretive methods.

Sometimes post fun stuff from old books.

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Aaron Bruhl @aaronbruhl.bsky.social · 1d

Don’t forget the faxed handwritten edits that might have “despicable” scrawled on the top of the first page, but no one can decipher it for sure.

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Aaron Bruhl @aaronbruhl.bsky.social · 2d

With the caveat that one can’t always tell from oral argument, it sounded to me like the Court will reverse and say that the state statute does not apply in federal court.

The tougher question seemed to be which Federal Rule(s) the state law conflicts with: 3, 8, 9, 11, 12, discovery, “structure”?

Aaron Bruhl @aaronbruhl.bsky.social · 2d

This morning SCOTUS heard Berk v. Choy, a Civil Procedure case about the Erie doctrine. The state requires an “affidavit of merit” to accompany medical malpractice complaints. Does it apply in federal court?

I listened to the oral argument.

Reactions in next post.

Docket and briefs at this link:

www.supremecourt.gov

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Aaron Bruhl @aaronbruhl.bsky.social · 5d

Someone (not me) wondered enough to write an article.

papers.ssrn.com/sol3/papers....

Incorporation by Reference: Requiem for a Useless Tradition

American lawyers mechanically introduce each count in a pleading with the talismanic clause of “repeat and reallege” everything said before. It is a useless rec

papers.ssrn.com

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Aaron Bruhl @aaronbruhl.bsky.social · 9d

That could be, but I think other relevant remedies at law could include mandamus, quo warranto, and declaratory judgment.

Aaron Bruhl @aaronbruhl.bsky.social · 9d

For non-pedantic content on QP 2, by the way, see below from Sam Bray:

papers.ssrn.com/sol3/papers....

Remedies in the Officer Removal Cases

When a federal officer challenges her removal by the president, what forms of interim relief and what final remedies are available? This Article considers those

papers.ssrn.com

Aaron Bruhl @aaronbruhl.bsky.social · 9d

The Supreme Court’s reference, in QP 2 in the Slaugher removal case, to “at equity or at law,” rather than using the traditional formulaic prepositions “in equity or at law” stands as a stark contrast to its embrace of “history and tradition.” In this essay I will …

#pedantry

Screenshot of order granting stay and certiorari in Trump v. Slaughter.

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Aaron Bruhl @aaronbruhl.bsky.social · 15d

This kind of thing is why our library is the best.

Aaron Bruhl @aaronbruhl.bsky.social · 16d

What else are you supposed to do when SCOTUS grants cert on remedies for office holders?

Aaron Bruhl @aaronbruhl.bsky.social · 16d

I went to the library to get High on Extraordinary Legal Remedies.

Title page of treatise on extraordinary legal remedies by James High.

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Aaron Bruhl @aaronbruhl.bsky.social · 16d

Given the Supreme Court’s grant of a stay (which allows FTC member’s ouster) and its grant of certiorari on the remedies question as well as on the merits of Humprey’s Executor, this from Sam Bray is sure timely:

@dividedargument.bsky.social

Remedies in the Officer Removal Cases

A brief note that I have just posted a draft paper on SSRN called Remedies in the Officer Removal Cases. Here’s the abstract:

blog.dividedargument.com

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Aaron Bruhl @aaronbruhl.bsky.social · 18d

Maybe cliche but Red October or Shawshank.

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Aaron Bruhl @aaronbruhl.bsky.social · 19d

The first session will have a presentation from our honor council about how faculty might design assignments & exams to reduce worries about improper use of AI. I’m also thinking about a session in which we faculty share and compare our recommendation letters for clerkship candidates.

Other ideas?

Aaron Bruhl @aaronbruhl.bsky.social · 19d

A brag and a request for teaching ideas:

I am honored to be this year’s Kelly Professor for Excellence in Teaching. The professorship comes with the duty to present lunchtime sessions to my colleagues on teaching-related themes. What ideas do you have?

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Aaron Bruhl @aaronbruhl.bsky.social · 19d

They are now up to about a dozen of the ideas in this interesting series.

NYU Law Democracy Project @democracyproject.bsky.social · 29d

🚀 Launching with 100 Ideas in 100 Days
The Democracy Project at @nyulaw.bsky.social is publishing a daily essay from authors across the ideological spectrum to explore the issues facing democracy today.
Read the first three essays: democracyproject.org

The Democracy Project

A broad range of views on democracy to help break the stalemate caused by partisan conflict.

democracyproject.org

Aaron Bruhl @aaronbruhl.bsky.social · 20d

Do you give it the fact section of the actual opinion or give it your own summary?

Aaron Bruhl @aaronbruhl.bsky.social · 23d

I found this to be a very helpful investigation of some of the practical issues in the impoundment litigation.

www.yalejreg.com/nc/looming-m...

Looming Mootness Questions in the Appropriations Litigation, by Zachary S. Price - Yale Journal on Regulation

The Trump administration’s long-running effort to cancel certain foreign aid is back on the Supreme Court’s emergency docket. In Trump v. Global Health Council, the government is seeking to stay an i...

www.yalejreg.com

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Aaron Bruhl @aaronbruhl.bsky.social · 25d

What’s worse,

Heart of Literally Glass

Literally a Birdhouse in Your Soul

?

Aaron Bruhl @aaronbruhl.bsky.social · 27d

Rainman, though very brief.

Aaron Bruhl @aaronbruhl.bsky.social · 29d

Maybe Barnes v Felix, the “moment of threat” case issued in May (not shadow docket).

Reposted by Aaron Bruhl

Kim Krawiec @kimkrawiec.bsky.social · Sep 1

Rules and Reasons: In Honor and Memory of Fred Schauer

An upcoming conference at UVA will honor and explore the legacy and memory of my late colleague, the wonderful Fred Schauer. From the UVA website: An interdisciplinary and international group of schol...

www.thefacultylounge.org

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Aaron Bruhl @aaronbruhl.bsky.social · Aug 25

Hard to believe this threatened lawsuit about blue slips actually actually gets filed. There are, what, like five fatal jurisdictional/threshold defects?

thehill.com/homenews/adm...

thehill.com

Aaron Bruhl @aaronbruhl.bsky.social · Aug 15

Well you see, you’re supposed to sear it first to seal in the juices. Common mistake.

Aaron Bruhl @aaronbruhl.bsky.social · Aug 15

William is Orange
Mary II’s blood is blue
What’s more enj-
-oyable than a bloodless coup

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Reposted by Aaron Bruhl

Beau Baumann 🍏 @beaubaumann.bsky.social · Aug 9

Reupping latest Substack on new legal scholarship.

Judges as Chaos Agents

A seismic shift is underway in the American legal academy.

open.substack.com

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