Marty Lederman
Professor at Georgetown University Law Center; former DOJ/OLC attorney
- Genuine question: As opposed to what? Assume someone in the "inner circle" either genuinely thought Biden was more likely than other possible nominees to win, or tried unsuccessfully to persuade him to step aside. What should they have done *then*? www.nytimes.com/2025/05/13/b...
- Anyone interested in the Supreme Court or jurisprudence should purchase and read this great book.
- My Hughes Court volume is now available in paperback, a steal at the low low price of 20 cents a page, or $59.99 (not much more than a decent doorstop would cost!): www.cambridge.org/core/books/h...
- Gonna go way out on a limb here and predict a Cecily Strong cameo on SNL this Saturday.
- The Legal Historians' amicus brief is also very helpful, esp. Part I-A-1, on "bills of peace." Not sure I understand Sam Bray's reasoning in his 2017 article, 131 Harv. L. Rev. at 426, that such bills of peace were *not* a "close analogy" to the sort of universal injunctions at issue here.
- The amicus briefs concerning "universal" injunctions filed by Profs. Sohoni and Pfander, and by Common Cause, in the birthright citizenship cases--all linked on docket below)--are especially informative and useful, IMHO. [1] www.supremecourt.gov/search.aspx?...
- The amicus briefs concerning "universal" injunctions filed by Profs. Sohoni and Pfander, and by Common Cause, in the birthright citizenship cases--all linked on docket below)--are especially informative and useful, IMHO. [1] www.supremecourt.gov/search.aspx?...
- ICE explains that it "generally" (not even always) gives an accused AEA detainee 12 hours to express an intent to file a habeas petition--after receiving a notice that doesn't mention the right to habeas--before removing him to El Salvador. storage.courtlistener.com/recap/gov.us...
- Thanks, Kevin. As I explained here, there are very good reasons the PTC judges have been trying so hard to avoid having to rule on the thorny jurisdictional question. Perhaps now they'll have little choice. www.justsecurity.org/103940/us-is... @justsecurity.org
- Sure, it's embarrassing when DOJ files with the court its internal advice to the agency explaining why the agency's legal argument is indefensible. But that's an honest mistake. We're all human. What's more important about the memo ... [1] storage.courtlistener.com/recap/gov.us...
- The ACLU's brief to the D.C. Circuit explains why DOJ's motion for interlocutory review (of things Judge Boasberg has *not* done or ordered) is frivolous. storage.courtlistener.com/recap/gov.us...
- Something is happening in Abrego Garcia--with Abrego Garcia's consent--but we don't know what it is (b/c the relevant filings are sealed). The government has told the court it's in discussions w/El Salvador--so perhaps a return to the U.S. is in the works. storage.courtlistener.com/recap/gov.us...
- I was deeply fortunate to be present at the SCOTUS today to be part of something no one I spoke with can recall ever happening before. After Ed Kneedler completed his 160th and final oral argument, the Chief Justice offered some very kind and gracious (and grateful) words, and then ...
- The Administration had to know that this would be the result of its deliberate, bad-faith refusal to comply with the orders of the district court, court of appeals and SCOTUS in Abrego Garcia. Brutal--but there was really no other possible outcome. storage.courtlistener.com/recap/gov.us...
- Interesting storage.courtlistener.com/recap/gov.us...
- Dear Yaakov Roth/Drew Ensign: Just a head's up that the A.I. program you appear to be using is hallucinating nonexistent quotations from SCOTUS opinions. (Yaakov: More generally, do you realize what sorts of briefs are regularly being filed in your name?) storage.courtlistener.com/recap/gov.us...
- Every single day the Government makes filings in Judge Xinis' court that fail to comply with what she, the Fourth Circuit (per Wilkinson) and the unanimous SCOTUS have required. It's going to be interesting/revealing to see how SG Sauer explains such effrontery & noncompliance to the Court.
- How are things going with respect to the discovery before Judge Xinis in Abrego García? Well, the government describes as a “false premise” that it “has been ordered to facilitate Abrego García’s release.” (That’s *literally* what #SCOTUS held.) pacer-documents.s3.amazonaws.com/84/578815/09...
- The ACLU's reply brief, which explains why expedition was necessary; why the Court ought to be far more specific about the notice & process the Administration must provide; why class certification is appropriate; and why the Court should resolve the merits ASAP. www.supremecourt.gov/DocketPDF/24...
- "due process does not allow removing a person to a possible life sentence without trial ... a mere 24 hours after providing an English-only notice form (not provided to any attorney) that gives no information about the person’s right to seek judicial review." www.supremecourt.gov/DocketPDF/24...
