richardre.bsky.social
Richard M Re
@richardre.bsky.social
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richardre.bsky.social
Richard M Re @richardre.bsky.social · Jul 23
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....
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
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richardre.bsky.social
Richard M Re @richardre.bsky.social · 15h
Thanks. Could be. Seems indeterminate.
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rtallarita.bsky.social
Roberto Tallarita @rtallarita.bsky.social · Aug 4
Over at @HarvardCorpGov there's a short summary of my new paper with Kenneth Khoo on the stock market response to SB 21 |The Price of Delaware Corporate Law Reform corpgov.law.harvard.edu/2025/08/04/t...
The Price of Delaware Corporate Law Reform
Early this year, within a matter of weeks, Delaware legislators proposed and enacted Senate Bill 21 (SB 21), a significant overhaul of the state’s ...
corpgov.law.harvard.edu
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lsolum.bsky.social
Lawrence Solum @lsolum.bsky.social · 17h
Falsifying the Unitary Executive: Popperian Empiricism and History’s Uses and Misuses - Constitutional Law buff.ly/tPtOedp
Falsifying the Unitary Executive: Popperian Empiricism and History’s Uses and Misuses - Constitutional Law
Christine Kexel Chabot, Rejecting the Unitary Executive, __ Utah L. Rev. __ (forthcoming, 2025), available at SSRN (Sept. 21, 2024).Andrea KatzIt’s no secret that the President is having a great run…
buff.ly
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richardre.bsky.social
Richard M Re @richardre.bsky.social · 17h
“Does History Defeat Removal Doctrine?”

blog.dividedargument.com/p/does-histo...
Does History Defeat Removal Doctrine?
With Special Attention to Professors Mortenson and Nelson
blog.dividedargument.com
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Michael C. Dorf @dorfonlaw.bsky.social · 18h
Yesterday's oral argument in Chiles v Salazar indicated that SCOTUS will invalidate Colorado's conversion therapy ban and provided some assurance that SCOTUS would also invalidate a "mirror image" red-state ban on gender-affirming care via talk therapy. Details on the blog.👇
The Chiles v. Salazar Oral Argument in the Mirror
Monday on this blog I previewed the oral argument in Chiles v. Salazar , highlighting my ambivalence about the case: although I am in sympat...
www.dorfonlaw.org
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richardre.bsky.social
Richard M Re @richardre.bsky.social · 1d
papers.ssrn.com/sol3/papers....
The Removal Question: A Timeline and Summary of the Legal Arguments
<p>Few constitutional issues have been as significant to the first 100 days of the second Trump Administration as the question whether the President may fire th
papers.ssrn.com
Reposted by Richard M Re
evelyndouek.bsky.social
Evelyn Douek @evelyndouek.bsky.social · 1d
I wrote about an under-appreciated aspect of AAUP v. Rubio. It is the first case of the Trump Era to explicitly identify and reject the primary and most pernicious form of speech suppression employed by this Administration: Chill.

balkin.blogspot.com/2025/10/aaup...
Balkinization: AAUP v. Rubio and the Big Chill
A group blog on constitutional law, theory, and politics
balkin.blogspot.com
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Reposted by Richard M Re
khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · 8d
Delighted to be @umichlaw.bsky.social today to present my paper with Amy Wildermuth, Harmonizing Delegation and Deference After Loper Bright, at the public law workshop. Many thanks to @jdmortenson.bsky.social & @profrrothschild.bsky.social for inviting me.
papers.ssrn.com/sol3/papers....
Harmonizing Delegation and Deference After <i>Loper Bright</i>
By overturning <i>Chevron</i>, the Supreme Court's <i>Loper Bright</i> decision clearly changed the way in which courts must approach agency actions interpretin
papers.ssrn.com
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richardre.bsky.social
Richard M Re @richardre.bsky.social · 2d
Coan on the “Appellate Void” papers.ssrn.com/sol3/papers....
The Appellate Void
What would it actually look like for the executive branch to defy a court order? The standard picture involves a dramatic confrontation be-tween the President a
papers.ssrn.com
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blakeprof.bsky.social
Blake Emerson @blakeprof.bsky.social · 2d
Great time to reread Jon Michaels on Baller Judges. wlr.law.wisc.edu/wp-content/u...
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marydudziak.bsky.social
Mary Dudziak @marydudziak.bsky.social · 2d
Has Trump’s second term posed a greater or lesser threat to the rule of law than you expected? @nytimes.com
www.nytimes.com/2025/10/06/m...
Has Trump’s second term posed a greater or lesser threat to the rule of law than you expected? Circular graph showing over half answered: much more than I expected, about a quarter: more than I expected, about an eighth: similar threat to what I expected, small sliver: much less threat than I expected.
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richardre.bsky.social
Richard M Re @richardre.bsky.social · 2d
www.nytimes.com/2025/10/06/o...
Opinion | The Origin of ‘Equal Justice Under Law'
www.nytimes.com
Reposted by Richard M Re
agordonreed.bsky.social
Annette Gordon-Reed @agordonreed.bsky.social · 4d
press.princeton.edu/books/hardco...
Jefferson on Race
From The New York Times–bestselling and Pulitzer Prize–winning author of The Hemingses of Monticello, a groundbreaking collection of Thomas Jefferson’s writings on race that every American should read
press.princeton.edu
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genevievelakier.bsky.social
Genevieve Lakier @genevievelakier.bsky.social · 5d
The Trump Administration’s “Compact of Excellence” for Universities is... far from excellent! Indeed, it’s unconstitutional. In this post, let me count the ways.

blog.dividedargument.com/p/the-uncons...
The Unconstitutional Conditions Doctrine and the Compact for Excellence
Members of the Trump administration love to say that federal funding is a privilege not a right and therefore something that can be granted or withheld based on changing administrative priorities.
blog.dividedargument.com
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Reposted by Richard M Re
dsimson-law.bsky.social
David Simson @dsimson-law.bsky.social · 5d
I just posted the current version of my most recent Article, "Conceptual Gerrymandering and the Weaponization of SFFA" to @ssrn.bsky.social. Abstract and TOC are attached below. Comments and (good faith) critiques very much welcome and appreciated. 🧵 1/
papers.ssrn.com/sol3/papers....
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volokhc.bsky.social
Volokh Conspiracy @volokhc.bsky.social · 5d
[Jonathan H. Adler] Justice Barrett on Common Good Constitutionalism
The Justice discusses originalism, common good constitutionalism, and King v. Burwell in a recent interview.
dlvr.it
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ssrn.bsky.social
SSRN @ssrn.bsky.social · 5d
Check out the latest #research from the SSRN #blog which includes the top downloaded papers for Q3 on #AI in Law.

Read More: spkl.io/63329ApUcX

#Law #AcademicChatter
Top Papers on AI in Law
This list includes the top downloaded papers on AI in Law posted in Q1 2025. It also includes the Top 5 Organizations that downloaded the research during this period.
spkl.io
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sethstern.bsky.social
Seth Stern @sethstern.bsky.social · 5d
The three liberal justices are diverging more when it comes to the emergency docket, reflecting differing views on when—and how aggressively—to critique their conservative colleagues’ approach, @justinfwise.bsky.social reports

news.bloomberglaw.com/us-law-week/...
Liberal Justices Show Competing Styles in Shadow Docket Dissents
The Supreme Court’s three liberal justices, who last term tended to vote in near lockstep on closely divided cases that were argued, are diverging more when it comes to the emergency docket, reflectin...
news.bloomberglaw.com
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genevievelakier.bsky.social
Genevieve Lakier @genevievelakier.bsky.social · 6d
The admin’s efforts to get universities to agree to a list of demands in exchange for preferential access to federal funding isn’t just “troubling” as Ted Mitchell, prez of the @aceducation.bsky.social says in this article; it looks blatantly unconstitutional.🧵
www.wsj.com/us-news/educ...
www.wsj.com
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richardre.bsky.social
Richard M Re @richardre.bsky.social · 7d
I thought you answered above that the thoughtful basis was neither impossible nor unapparent, but simply not stated explicitly. And that answer seemed quite plausible to me.

This is obviously a big issue, and this exchange has been helpful. Thanks again!
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richardre.bsky.social
Richard M Re @richardre.bsky.social · 7d
Thanks. That is a fair albeit contested point. But even if true, would that be so bad? (At least if you are not a very strict originalist.)
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richardre.bsky.social
Richard M Re @richardre.bsky.social · 7d
Thanks. Is #3 really so bad if thoughtful reasoning is readily available and widely known?

I also wonder how uncommon this is. Haven’t many commentators long thought that many (most? all?) judicial decisions rest on unstated grounds?

I do agree unstated grounds often occasion fair criticism.
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richardre.bsky.social
Richard M Re @richardre.bsky.social · 7d
A stay delayed is a stay denied.
annabower.bsky.social
Anna Bower @annabower.bsky.social · 7d
BREAKING: Supreme Court will allow Lisa Cook to remain on federal reserve board for now, ruling that the government’s application for a stay is deferred pending oral argument in January 2026
CORDER LIST: 606 U.S.) WEDNESDAY, OCTOBER 1, 2025 25A312 ORDER IN PENDING CASE TRUMP, PRESIDENT OF U.S., ET AL. V. COOK, LISA D. The application for stay presented to The Chief Justice and by him referred to the Court is deferred pending oral argument in January 2026. The Clerk is directed to establish a briefing schedule for amici curiae and any supplemental briefs responding to amici.
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richardre.bsky.social
Richard M Re @richardre.bsky.social · 7d
Is your view that a thoughtful explication of the Court’s decisions is impossible, unapparent, and/or simply unstated by the Court itself?
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pbs3.bsky.social
Paul Stephan @pbs3.bsky.social · 8d
My piece on the Trump tariffs litigation in the Supreme Court has just dropped:
www.lawfaremedia.org/article/ieep...
Headline: The administration does not have the legal basis it claims to impose these tariffs.
IEEPA Authorizes Asset Freezing, Not Seizing
Treating a tax or tariff as different from a confiscation is an interpretive issue that should be decided by Congress, not the judiciary.
www.lawfaremedia.org
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