Mastodawn

By what is effectively a 9-6 vote, the en banc Fourth Circuit has vacated an injunction blocking DOGE from accessing Social Securit data (that #SCOTUS had previously stayed). Much of the drama is over the precedential effects of #SCOTUS's June 2025 intervention: georgetown.box.com/v/AFSCME-CA4...

AFSCME -- CA4 -- En Banc.pdf |...

AFSCME -- CA4 -- En Banc.pdf | Powered by Box

Steve Vladeck 1d ago

Even as the #SCOTUS's emergency docket has gotten busier than ever, the Court has all-but gotten out of the business of intervening in capital cases—especially to block executions. Today's "One First" bonus issue looks at how we got here—especially how things changed after Justice Kennedy retired:

Bonus 219: The Demise of the D...

Bonus 219: The Demise of the Death Docket

Even as the emergency docket has exploded, the Court has all-but stopped intervening in capital cases—except to un-block executions lower courts had stayed.

One First

Steve Vladeck Mar 17

A telling data point for how #SCOTUS's docket has shifted: From the last major jurisdictional reforms in June 1988 to August 2004, the Court granted certiorari "before judgment" (leapfrogging the federal courts of appeals) a total of 3 times. 8/2004–2/2019: 0 grants. 2/2019–present: *26* grants.

Steve Vladeck Mar 3

"Some may say a different standard should apply where alleged gang members, who were undoubtedly removable under other authorities, were at risk of being removed." No, Josh. I'd say a different standard applies to #SCOTUS's jurisdiction over state courts vs. lower federal courts—because it's true.

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Steve Vladeck Mar 3

8/9: But he can only make that claim by distorting the order of events, and by igoring the fact that the applicants could have gone back to the Court of Appeals after the Appellate Division's 2/19 ruling, but *chose not to.* Thus, the ground on which Alito rested #SCOTUS's jurisdiction is bollocks.

Steve Vladeck Mar 3

I wrote last night about #SCOTUS's grants of emergency relief in the California transgender student and New York redistricting cases, and how the only thing uniting them (beyond the fact that they were issued simultaneously) is the Republican appointees' wholly unprincipled—and selective—impatience:

214. The Court's (Selective) I...

214. The Court's (Selective) Impatience is a Vice

The only theme uniting Monday night's twin grants of emergency relief is the Republican appointees' willingness to upend long-settled limits on the Court's power when, but only when, they *want* to.

One First

Steve Vladeck Mar 2

Today’s “One First” uses #SCOTUS’s ruling in Konan to focus on the Federal Tort Claims Act—and “how a statute that was designed and intended to make it easier to sue the federal government for damages has, thanks to subsequent Supreme Court decisions and statutory reforms, in fact made it harder.”

213. The Federal Tort Claims A...

213. The Federal Tort Claims Act

One of the reasons why it's so hard to sue the federal government for damages is because, even when Congress *has* authorized such suits, it's imposed limits that are increasingly difficult to defend.

One First

Steve Vladeck Feb 27

#ICYMI: Yesterday's "One First" bonus post took apart the truly ridiculous effort by some commentators on the right to portray #SCOTUS's recent jurisprudence as seeking to "rein in" executive power and re-empower Congress. TL;DR: It's easy to make stuff up when you ignore nearly all of the dataset.

Bonus 212: The Supreme Court i...

Bonus 212: The Supreme Court is Not "Reining in" Executive Power

The Court's defenders claim the tariffs ruling is part of a trend in which the justices are reining in President Trump and (re-)empowering Congress. The full dataset is overwhelmingly to the contrary.

One First

Steve Vladeck Feb 21

"I think it’s wrong to celebrate the ruling as some kind of turning point in #SCOTUS's relationship with Trump, just as I think it’s wrong to denounce it as a cynical move by justices concerned primarily about the economy as opposed to about fidelity to neutral legal principles." Me on tariffs:

211. Making Sense of the Tarif...

211. Making Sense of the Tariffs Ruling

Friday's 6-3 ruling reflects an emphatic repudiation of a specific claim of delegated statutory authority by the Trump administration. Folks should be wary about reading it as more—or less—than that.

One First

Steve Vladeck Feb 20

I'll be joining @[email protected] for a Substack Live at 4:45 ET (in about 15 minutes) to break down #SCOTUS's "major" ruling today blocking President Trump's tariffs imposed under IEEPA. You can find us on our Substack pages: Me: stevevladeck.substack.com Preet: staytuned.substack.com

One First | Steve Vladeck | Su...

One First | Steve Vladeck | Substack

A weekly newsletter aiming to make the Supreme Court’s rulings, procedures, and history more accessible to all. Click to read One First, a Substack publication with hundreds of thousands of subscribers.