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Professor @UTexasLaw. Better ½: @KarenVladeckEsq. Pug: @roxannathepug. Co-host @nslpodcast. #SCOTUS/legal nerd @CNN. Blogging @just_security/@lawfareblog. #LGM.

2,529 Following   63,097 Followers   17,624 Tweets

Joined Twitter 9/26/11

@KarenVladeckEsq @ljohn44 @KarenVladeckEsq @Jaime_ASantos One of us was yelling. It wasn’t me.Technically, I _did_ choose this family. But I agree.
@rhodysbroker @KlasfeldReports @CourthouseNews Quite a lot, actually. @realconnorlynch @KlasfeldReports @CourthouseNews True, although DOJ lawyers are involved... @KlasfeldReports @CourthouseNews That would be the (unprecedented) 22nd time the Trump administration asks #SCOTUS @NatlSecCnslrs @GreenPastelRed @RealFacelessMan @CFPB Well, the Respondent here has been, so... @NatlSecCnslrs @GreenPastelRed @RealFacelessMan @CFPB Yes, then habeas petitions become moot, prudentially if not jurisdictionally. @NatlSecCnslrs @GreenPastelRed @RealFacelessMan @CFPB It depends. “Custody” doesn’t always mean current, physical c… @GreenPastelRed @RealFacelessMan @NatlSecCnslrs @CFPB Absolutely. And the SG also makes that argument. But it’s not… @GreenPastelRed @RealFacelessMan @NatlSecCnslrs @CFPB There’s no case law suggesting either of those bear on the ap… @GreenPastelRed @NatlSecCnslrs @CFPB @RealFacelessMan Habeas (and, thus, the Suspension Clause) is about detention,… @GreenPastelRed @NatlSecCnslrs @CFPB @RealFacelessMan Why is that worth noting versus the incoherence of the actual… @AMTAppeals @LeahLitman @CFPB No. But it could be narrowed in a way that’s ... unhelpful. @NatlSecCnslrs @CFPB Ask the Third Circuit: @NatlSecCnslrs @CFPB I’m not saying it wasn’t worthy of cert.; there was a circuit split. I’m saying it has much br… @LeahLitman @CFPB Yes—something alone the lines of the Chief Justice’s dissent in Boumediene would provide a putati… @LeahLitman @CFPB It raises the stakes dramatically—and should (but maybe won’t) make the government’s position that much harder to accept.#SCOTUS’s grant of certiorari in the @CFPB case is getting a lot of attention, but the grant in Thuraissigiam is, i… @lizhempowicz There’s no notation that he didn’t participate, so it’s safe to assume that he did. @CFPB Dodd-Frank is not just about the @CFPB. It includes hundreds of regulatory and oversight reforms affecting a… @k_trahan @k_trahan Yes, that's what the Ninth Circuit held. And the Third Circuit said neither is true.It's worth noting that the Court _added_ to the @CFPB case whether, if the structure is unconstitutional, the _enti… grants cert. in four new cases, including two _major_ constitutional disputes: one on the constitutionality… U.S. Court of Appeals for the Armed Forces has posted the audio from Wednesday's argument @BYULawSchool in Unit… @HarvardACS Thanks for having me, and thanks to Professors Crespo, Fallon, Field, and Williams for serving as judge…’s my 2016 @just_security post on the Third Circuit’s ruling—and why, in my view, it’s impossible to reconcile… a cert grant is likely; there’s a clear circuit split between the Third Circuit (which held that the Suspension… is, potentially, a hugely important case for the constitutional rights of undocumented immigrants—and one of t… of the cases #SCOTUS could add to its docket as early as today is DHS v. Thuraissigiam, which raises whether t…’ve crossed the million-download mark for @NSLpodcast after 138 episodes! Now tune in for episode 139, recorded l…
Retweeted by Steve Vladeck
“The fire could never have been put out if I hadn’t started it.” afternoon at 4:30 (EDT) at @Harvard_Law: other words, not only did @realDonaldTrump actively solicit foreign interference in a US (presidential) election… @deepstatemedia1 @RMConservative For once, I agree with Judge Ho:
New from me: A @SCOTUSblog explainer on “executive privilege,” congressional subpoenas, and what (surprisingly) l… @realDonaldTrump is no longer President, there will be a flurry of people who worked in the administration rus…
@holland_e @realDonaldTrump And McAleenan's appointment _wasn't_ lawful until Claire Grady resigned (which she did…’s also the inconvenient fact that the Federal Vacancies Reform Act doesn’t legally allow @realDonaldTrump to… at @BYULawSchool, the U.S. Court of Appeals for the Armed Forces will hear argument in our (in my view, ma… the #DACA cases, #SCOTUS, somewhat surprisingly, denied the parties' motion to enlarge the argument (from 60 to… denies the Solicitor General's cert. petition in DHS v. Ibrahim, in which the government had asked the Cour… @ByronTau @marty_lederman @EricColumbus Marty and Eric would know better than I about the extent to which it's spel… @marty_lederman She's no longer employed by the government. Are you saying the government can sue her for damages i… @ByronTau @marty_lederman @EricColumbus It’s both a condition of their employment and a context in which #SCOTUS ha… @marty_lederman A duty coming from where? @Peter_Hurley_ @Whey_standard Not automatically, no. But my point is about privileged material, not classified information. @marty_lederman I don't know what "ok" means. The letter implies that Hill would be breaching some kind of legal du… @Whey_standard "Information relating to the national defense" includes intangible information. @lrozen For those who _don't_ want to testify or otherwise produce requested documents. @Peter_Hurley_ Nope. @Whey_standard 18 U.S.C. § 793(d): classified information without authorization is a crime (to wit, a violation of the Espionage Act). But w…
@JudgeInChief @adamliptak Bring a quarter for the locker!The top three jobs at the Dep't of Homeland Security have now been vacant (with no Senate-confirmed officer) for a… @steve_vladeck: What would happen if Trump ignored a divided Supreme Court ruling against him?
Retweeted by Steve VladeckAlternative title: “Degrees of Disingenuousness: The Latest Effort to Get Courts to Do to the #ACA What Congress Wo… @RealFacelessMan @PostOpinions @realDonaldTrump I don’t mean in this case—but in a case in which defiance is an option.New from me in @PostOpinions: Friday’s divided D.C. Circuit decision rejecting @realDonaldTrump’s effort to block…
What’s going on today in Northern Syria is an unmitigated disaster from a humanitarian, US foreign policy, and US n…
If either our wide receivers or defensive backs could catch balls that hit them in the hands, this would be a different game... @ReichlinMelnick @NicoletteGlazer I mean, yes; if Cuccinelli were appointed to one of the 113(d) positions (which d… @ReichlinMelnick @NicoletteGlazer @ReichlinMelnick @NicoletteGlazer I don't think there's even a reasonable argument that the relevant vacancy under… @Cpo10za @AJosephOConnell There’s no way for him to be named Acting Secretary. What Anne’s proposing is possible, b… course it was. (1) That doesn’t excuse Cipollone from the responsibility for signing his name to it; and (2) I… @BlondeinBklyn @maggieNYT @AJosephOConnell It’s possible, and maybe that’s all they want. But I was making a narrower point about whether Cuc… @Haleaziz Here's what I wrote about the Grady affair back when it was unfolding: @Haleaziz From the story, it sounds like this is a reference to the Claire Grady problem—where the President couldn… @AJosephOConnell Maybe, but I’d argue they’d still need to be principal officers in their Senate-confirmed position… @amandacarpenter @ProfBrianKalt is the expert here. But my own view is that actings don’t count toward the numerato…
How about ... and I know this may seem like a radical idea ... nominating a _permanent_ Secretary of Homeland Secur… to put this out there, as I explained earlier this week, there’s no remotely lawful way for the President to n… @qjurecic Quinta. @stevenmazie @LeahLitman Credit where credit’s due.I’m tired. @joshchafetz Especially when the assault on deference doctrines is not really about transferring interpretive autho… @GreenPastelRed I was being sarcastic, but whatever. @imillhiser @joshchafetz @mls1776 @DanielJHemel I'm not _sure_ there will be a stay, but (1) merits aside, the bala… @joshchafetz @mls1776 @DanielJHemel Yes, the House can seek to expedite, but only once a cert. petition is filed, w… Trump Administration will surely point to this latest "nationwide" injunction as further proof of lower courts… @mls1776 @joshchafetz @DanielJHemel For better or worse, nothing in #SCOTUS's rules or its standard practice create… @bearman_sk I wish I had captured the look of puzzlement on Sydney’s face when @KarenVladeckEsq put a jacket on her this morning...Here's the major new D.C. Circuit decision rejecting @realDonaldTrump's effort to block Mazars from complying with…’s 51° in Austin today. Yes, that’s a -45° difference from yesterday, but you’d think we were living in a scene f… @KarenVladeckEsq @realDonaldTrump @Succession_HBO
@JohnQAdams11 I hate it. With every fiber of my being.“It’s now the official position of the White House that soliciting foreign election interference is appropriate. Th…
Retweeted by Steve Vladeck @JoshMBlackman @charlie_savage @nytimes One of my favorite law review articles is my @MiamiLawSchool colleague Pat…“The guy to whose head I held a gun insists that everything he said was voluntary. Why would he lie?” @BradMossEsq
@BobbyChesney @NSLpodcast That’s eight days from now. I have zero faith that will be a top-five story by then...Among many, many other things, this means a federal court may finally have to decide whether the 2001 #AUMF applies… know what the all-time @MLB record is for runs in a single inning in a playoff game? Asking for some friends..."Was it over when the Germans bombed Pearl Harbor?"'m especially proud of this week's @NSLpodcast episode title: "That's Nobody's Business But the Turks." (H/T:…