One First
@stevevladeck.skystack.xyz
A weekly newsletter aiming to make the Supreme Court’s rulings, procedures, and history more accessible to all
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198. Progressive Judicial Institutionalism • There's important daylight between those who are critical of the present degree of judicial power in the United States in general and those who are critical of the current Supreme Court, specifically.
198. Progressive Judicial Institutionalism
There's important daylight between those who are critical of the present degree of judicial power in the United States in general and those who are critical of the current Supreme Court, specifically.
www.stevevladeck.com
December 22, 2025 at 2:52 PM
198. Progressive Judicial Institutionalism • There's important daylight between those who are critical of the present degree of judicial power in the United States in general and those who are critical of the current Supreme Court, specifically.
Bonus 197: Necessity, Legality, and the Rule of Law • December 18 is an ignominious anniversary for the rule of law in America—and an opportune moment to reflect upon the responsibility of lawyers and judges to distinguish between necessity and legality.
Bonus 197: Necessity, Legality, and the Rule of Law
December 18 is an ignominious anniversary for the rule of law in America—and an opportune moment to reflect upon the responsibility of lawyers and judges to distinguish between necessity and legality.
www.stevevladeck.com
December 18, 2025 at 2:51 PM
Bonus 197: Necessity, Legality, and the Rule of Law • December 18 is an ignominious anniversary for the rule of law in America—and an opportune moment to reflect upon the responsibility of lawyers and judges to distinguish between necessity and legality.
197. The Supreme Court's Annie Hall Problem • Charges that Supreme Court critics are "schizophrenic" because they're making procedural *and* substantive critiques of the Court's behavior are missing the possibility that both claims are legitimate
197. The Supreme Court's Annie Hall Problem
Charges that Supreme Court critics are "schizophrenic" because they're making procedural *and* substantive critiques of the Court's behavior are missing the possibility that both claims are legitimate
www.stevevladeck.com
December 15, 2025 at 2:50 PM
197. The Supreme Court's Annie Hall Problem • Charges that Supreme Court critics are "schizophrenic" because they're making procedural *and* substantive critiques of the Court's behavior are missing the possibility that both claims are legitimate
Bonus 196: What if Constitutional Law is ... Complicated? • Over and over again during Monday's oral argument in the Slaughter case, the Republican appointees waved their hands at the possibility that big constitutional law questions might have messy answers.
Bonus 196: What if Constitutional Law is ... Complicated?
Over and over again during Monday's oral argument in the Slaughter case, the Republican appointees waved their hands at the possibility that big constitutional law questions might have messy answers.
www.stevevladeck.com
December 11, 2025 at 2:53 PM
Bonus 196: What if Constitutional Law is ... Complicated? • Over and over again during Monday's oral argument in the Slaughter case, the Republican appointees waved their hands at the possibility that big constitutional law questions might have messy answers.
196. Justice Kagan's Texas Redistricting Dissent • As unsurprising as the Supreme Court's intervention in the Texas redistricting case may have been, Justice Kagan's dissent is still a telling indictment of another emergency ruling that lost its way.
196. Justice Kagan's Texas Redistricting Dissent
As unsurprising as the Supreme Court's intervention in the Texas redistricting case may have been, Justice Kagan's dissent is still a telling indictment of another emergency ruling that lost its way.
www.stevevladeck.com
December 8, 2025 at 2:54 PM
196. Justice Kagan's Texas Redistricting Dissent • As unsurprising as the Supreme Court's intervention in the Texas redistricting case may have been, Justice Kagan's dissent is still a telling indictment of another emergency ruling that lost its way.
Bonus 195: The Mark Kelly Meshugas • Secretary Hegseth has threatened to court-martial a sitting U.S. Senator for a ... truthful video. Even though Kelly *is* subject to court-martial, such a prosecution would face insuperable obstacles.
Bonus 195: The Mark Kelly Meshugas
Secretary Hegseth has threatened to court-martial a sitting U.S. Senator for a ... truthful video. Even though Kelly *is* subject to court-martial, such a prosecution would face insuperable obstacles.
www.stevevladeck.com
December 4, 2025 at 2:56 PM
Bonus 195: The Mark Kelly Meshugas • Secretary Hegseth has threatened to court-martial a sitting U.S. Senator for a ... truthful video. Even though Kelly *is* subject to court-martial, such a prosecution would face insuperable obstacles.
195. The Immigration Detention Flood • The Trump administration's attempt to quietly—but massively—expand who can be detained pending their removal has been met with overwhelming pushback from a remarkably large number of district courts.
195. The Immigration Detention Flood
The Trump administration's attempt to quietly—but massively—expand who can be detained pending their removal has been met with overwhelming pushback from a remarkably large number of district courts.
www.stevevladeck.com
December 1, 2025 at 2:52 PM
195. The Immigration Detention Flood • The Trump administration's attempt to quietly—but massively—expand who can be detained pending their removal has been met with overwhelming pushback from a remarkably large number of district courts.
Bonus 194: Happy Thanksgiving!! • For the holiday, I wanted to re-up one of this newsletter's very first posts—a reflection on the significance of Thanksgiving in my family growing up, and the surfeit of lawyers to whom I'm related.
Bonus 194: Happy Thanksgiving!!
For the holiday, I wanted to re-up one of this newsletter's very first posts—a reflection on the significance of Thanksgiving in my family growing up, and the surfeit of lawyers to whom I'm related.
www.stevevladeck.com
November 27, 2025 at 2:53 PM
Bonus 194: Happy Thanksgiving!! • For the holiday, I wanted to re-up one of this newsletter's very first posts—a reflection on the significance of Thanksgiving in my family growing up, and the surfeit of lawyers to whom I'm related.
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.
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
November 24, 2025 at 1:42 PM
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.
193. The "War" on Judges • Deputy Attorney General Blanche's attack on lower courts is an impressive combination of light on substance; shamelessly hypocritical; and profoundly dangerous. More people should be condemning it.
193. The "War" on Judges
Deputy Attorney General Blanche's attack on lower courts is an impressive combination of light on substance; shamelessly hypocritical; and profoundly dangerous. More people should be condemning it.
www.stevevladeck.com
November 24, 2025 at 1:42 PM
193. The "War" on Judges • Deputy Attorney General Blanche's attack on lower courts is an impressive combination of light on substance; shamelessly hypocritical; and profoundly dangerous. More people should be condemning it.
Bonus 192: The Court vs. the Circuit Justice • Tuesday's ruling in the SNAP case appears to be the second example in seven months (and for quite some before that) of the full Supreme Court taking an application away from the circuit justice.
Bonus 192: The Court vs. the Circuit Justice
Tuesday's ruling in the SNAP case appears to be the second example in seven months (and for quite some before that) of the full Supreme Court taking an application away from the circuit justice.
www.stevevladeck.com
November 24, 2025 at 1:42 PM
Bonus 192: The Court vs. the Circuit Justice • Tuesday's ruling in the SNAP case appears to be the second example in seven months (and for quite some before that) of the full Supreme Court taking an application away from the circuit justice.
192. "One First" Turns Three! • A look back on the first three years of "One First"; a note of gratitude; and some thoughts on what's next for the newsletter
192. "One First" Turns Three!
A look back on the first three years of "One First"; a note of gratitude; and some thoughts on what's next for the newsletter
www.stevevladeck.com
November 24, 2025 at 1:42 PM
192. "One First" Turns Three! • A look back on the first three years of "One First"; a note of gratitude; and some thoughts on what's next for the newsletter
191. Taking Stock After a Wild Week • It's getting increasingly difficult to keep tabs on even the Supreme Court-related (and Court-adjacent) news. Today's issue looks at where things stand (and what to expect next) across six key topics.
191. Taking Stock After a Wild Week
It's getting increasingly difficult to keep tabs on even the Supreme Court-related (and Court-adjacent) news. Today's issue looks at where things stand (and what to expect next) across six key topics.
www.stevevladeck.com
November 24, 2025 at 1:42 PM
191. Taking Stock After a Wild Week • It's getting increasingly difficult to keep tabs on even the Supreme Court-related (and Court-adjacent) news. Today's issue looks at where things stand (and what to expect next) across six key topics.
190. SNAP WTF? • A very quick explainer on why Justice Jackson issued an "administrative stay" in the SNAP case late on Friday night, and on what's likely to happen next
190. SNAP WTF?
A very quick explainer on why Justice Jackson issued an "administrative stay" in the SNAP case late on Friday night, and on what's likely to happen next
www.stevevladeck.com
November 24, 2025 at 1:42 PM
190. SNAP WTF? • A very quick explainer on why Justice Jackson issued an "administrative stay" in the SNAP case late on Friday night, and on what's likely to happen next
Bonus 187: Previewing the Tariffs Cases • The Solicitor General's substantive defenses of President Trump's tariffs are remarkably weak, but there's still a reason why *these* were the first merits cases he wanted the Supreme Court to decide.
Bonus 187: Previewing the Tariffs Cases
The Solicitor General's substantive defenses of President Trump's tariffs are remarkably weak, but there's still a reason why *these* were the first merits cases he wanted the Supreme Court to decide.
www.stevevladeck.com
November 24, 2025 at 1:42 PM
Bonus 187: Previewing the Tariffs Cases • The Solicitor General's substantive defenses of President Trump's tariffs are remarkably weak, but there's still a reason why *these* were the first merits cases he wanted the Supreme Court to decide.
Bonus 186: Me on the OT2024 Trump Cases • In a new paper, I argue that the justices' behavior in Trump-related emergency applications can best be viewed as protecting the Court's supremacy, as such—and that such an approach is deeply myopic.
Bonus 186: Me on the OT2024 Trump Cases
In a new paper, I argue that the justices' behavior in Trump-related emergency applications can best be viewed as protecting the Court's supremacy, as such—and that such an approach is deeply myopic.
www.stevevladeck.com
November 24, 2025 at 1:42 PM
Bonus 186: Me on the OT2024 Trump Cases • In a new paper, I argue that the justices' behavior in Trump-related emergency applications can best be viewed as protecting the Court's supremacy, as such—and that such an approach is deeply myopic.
186. When Can States Prosecute Federal Officers? • Stephen Miller claims that ICE officers have "immunity" for anything they do while enforcing immigration law. Even as an argument about *state* criminal prosecutions, that claim is overstated at best.
186. When Can States Prosecute Federal Officers?
Stephen Miller claims that ICE officers have "immunity" for anything they do while enforcing immigration law. Even as an argument about *state* criminal prosecutions, that claim is overstated at best.
www.stevevladeck.com
November 24, 2025 at 1:42 PM
186. When Can States Prosecute Federal Officers? • Stephen Miller claims that ICE officers have "immunity" for anything they do while enforcing immigration law. Even as an argument about *state* criminal prosecutions, that claim is overstated at best.
Bonus 184: The Costs of a Quiescent Congress • Many Supreme Court decisions limiting judicial review have held out the existence of political checks as a viable alternative. Each day brings new evidence of the growing costs of such a myopic view.
Bonus 184: The Costs of a Quiescent Congress
Many Supreme Court decisions limiting judicial review have held out the existence of political checks as a viable alternative. Each day brings new evidence of the growing costs of such a myopic view.
www.stevevladeck.com
November 24, 2025 at 1:42 PM
Bonus 184: The Costs of a Quiescent Congress • Many Supreme Court decisions limiting judicial review have held out the existence of political checks as a viable alternative. Each day brings new evidence of the growing costs of such a myopic view.
184. The Massive Stakes of Trump v. Illinois • The Trump administration's 29th emergency application—to let it deploy federalized National Guard troops in Chicago on a profoundly dubious factual predicate—is a make-or-break moment for the Court.
184. The Massive Stakes of Trump v. Illinois
The Trump administration's 29th emergency application—to let it deploy federalized National Guard troops in Chicago on a profoundly dubious factual predicate—is a make-or-break moment for the Court.
www.stevevladeck.com
November 24, 2025 at 1:42 PM
184. The Massive Stakes of Trump v. Illinois • The Trump administration's 29th emergency application—to let it deploy federalized National Guard troops in Chicago on a profoundly dubious factual predicate—is a make-or-break moment for the Court.
Bonus 183: Martin v. Mott • The Trump administration claims Justice Story's 1827 ruling establishes the President's unreviewable power to decide when domestic use of the military is needed. It doesn't come close to saying that.
Bonus 183: Martin v. Mott
The Trump administration claims Justice Story's 1827 ruling establishes the President's unreviewable power to decide when domestic use of the military is needed. It doesn't come close to saying that.
www.stevevladeck.com
November 24, 2025 at 1:42 PM
Bonus 183: Martin v. Mott • The Trump administration claims Justice Story's 1827 ruling establishes the President's unreviewable power to decide when domestic use of the military is needed. It doesn't come close to saying that.
183. The Missing Defenses of the Court's Behavior • Rather than knocking down straw men or attacking their critics, the justices (and their defenders) would do well to explain why the sharpest criticisms of the Court's recent behavior are *wrong.*
183. The Missing Defenses of the Court's Behavior
Rather than knocking down straw men or attacking their critics, the justices (and their defenders) would do well to explain why the sharpest criticisms of the Court's recent behavior are *wrong.*
www.stevevladeck.com
November 24, 2025 at 1:42 PM
183. The Missing Defenses of the Court's Behavior • Rather than knocking down straw men or attacking their critics, the justices (and their defenders) would do well to explain why the sharpest criticisms of the Court's recent behavior are *wrong.*
Bonus 182: Damages as a (Missing) Deterrent • It's worth reflecting on how different things might look right now if federal officers—or the federal government itself—faced a meaningful specter of monetary liability for constitutional violations.
Bonus 182: Damages as a (Missing) Deterrent
It's worth reflecting on how different things might look right now if federal officers—or the federal government itself—faced a meaningful specter of monetary liability for constitutional violations.
www.stevevladeck.com
November 24, 2025 at 1:43 PM
Bonus 182: Damages as a (Missing) Deterrent • It's worth reflecting on how different things might look right now if federal officers—or the federal government itself—faced a meaningful specter of monetary liability for constitutional violations.
182. Closing the Book on OT2024 • As the October 2025 Term officially begins, it's worth taking a moment to highlight the record-setting—and revealing—final statistics for how the justices handled emergency applications during OT2024.
182. Closing the Book on OT2024
As the October 2025 Term officially begins, it's worth taking a moment to highlight the record-setting—and revealing—final statistics for how the justices handled emergency applications during OT2024.
www.stevevladeck.com
November 24, 2025 at 1:43 PM
182. Closing the Book on OT2024 • As the October 2025 Term officially begins, it's worth taking a moment to highlight the record-setting—and revealing—final statistics for how the justices handled emergency applications during OT2024.