4+ hour, 19+ min ago  (679+ words) Divided Argument | Substack The Non-Scandalous Clean Power Plan Memos The New York Times has obtained copies of some of the internal correspondence that resulted in a 2016 order pausing the Obama Administration's Clean Power Plan. Jodi Kantor and Adam Liptak describe…...

2+ week, 3+ day ago  (481+ words) Will: Gentlemen, thanks for sitting down with me today to talk about your work! Before we get into points of agreement and disagreement, can I start by asking each of you to summarize the core contribution of your article in…...

2+ week, 6+ day ago  (584+ words) Divided Argument | Substack The Dissenter's Dilemma and Trump v. CASA Looking Back Less Than a Year Later This week, the Supreme Court addresses the merits of the President's Executive Order on birthright citizenship. I recently reviewed the Court's precursor ruling, Trump…...

3+ week, 4+ day ago  (759+ words) Divided Argument | Substack Guest Post: The MSPB and the Constitution [Brian Lipshutz is a Harry A. Bigelow Teaching Fellow and Lecturer in Law at the University of Chicago.] On Friday, the Merit Systems Protection Board held that statutory removal protections for…...

4+ week, 4+ hour ago  (300+ words) Divided Argument | Substack Things to Read This Week (3/23/26) Happy first day of Spring Quarter The U. S. Constitution is the first written constitution of a modern nation, while case law is a legal tradition originating in England. Marbury v. Madison set a precedent…...

1+ mon, 4+ day ago  (153+ words) Divided Argument Things to Read This Week (3/16/26) from YJLH to IU I am actually spending my time in awe and wonder at one of America's most beautiful places rather than reading anything, but in case you aren't so lucky: And…...

1+ mon, 2+ week ago  (78+ words) Divided Argument New Episode: Cruel and Unusual and Stupid It's our live show at the University of Chicago! Hosted by the University of Chicago Federalist Society, we discuss this week's big shadow-docket rulings about gender transitions in California Schools (Mirabelli…...

1+ mon, 2+ week ago  (228+ words) But Justice Alito makes a different point, which I think might actually be right, although I have not seen it discussed extensively. Perhaps the finality requirement does not actually apply to stays. As Justice Alito puts it: We are likewise…...

1+ mon, 2+ week ago  (572+ words) Moreover, the two pivots were linked. At the time, I argued that Alito and Thomas sought "to loosen jurisdictional principles in order to enforce and expand the [substantive due process] right." Thus, I concluded, "standing and substantive due process are…...

1+ mon, 2+ week ago  (220+ words) One possibility is that nobody actually has these perceptions, everybody knows the Federalist Society is the neutral nonpartisan organization and the ABA is the liberal partisan organization, and everybody just lies about it. Judging from my social media feed, some…...