Steve Vladeck
@stevevladeck.bsky.social
240K followers 1K following 2.1K posts

@ksvesq.bsky.social’s husband; father of daughters; professor @georgetownlaw.bsky.social; #SCOTUS nerd @CNN.com Bio: www.law.georgetown.edu/faculty/stephen-i-vladeck "One First" Supreme Court newsletter: stevevladeck.com Book: tinyurl.com/shadowdocketpb .. more

Stephen Isaiah Vladeck is an American legal scholar. He is a professor at the Georgetown University Law Center, where he specializes in the federal courts, constitutional law, national security law, and military justice, especially with relation to the prosecution of war crimes. Vladeck has commented on the legality of the United States' use of extrajudicial detention and torture, and is a regular contributor to CNN. .. more

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stevevladeck.bsky.social
I’m really excited about this — and about the chance to work with Allison Lorentzen and the entire @vikingbooks.bsky.social team!
ksvesq.bsky.social
The best guy I know just sold his (second) book and I COULD NOT BE MORE PROUD!

“The Court We Need” — scheduled for Fall 2026 release. More important than ever.

stevevladeck.bsky.social
Then she found out I was writing this post:

“Mommy, he’s cyberbullying me!”

stevevladeck.bsky.social
Sign that your 9YO may have two lawyers for parents:

Me: “You’re not complaining, are you?”

9YO: “No. I’m just stating my feelings in an aggravated tone!”

stevevladeck.bsky.social
I’ll have a few in tomorrow’s newsletter.

stevevladeck.bsky.social
Writing about this for tomorrow’s issue of my newsletter!

stevevladeck.bsky.social
It’s the knee-jerk phenomenon in which all criticisms of the current Court are necessarily partisan and/or otherwise illegitimate.

It’s pretty tiresome, it’s not new, and it’s enabling all kinds of behavior that is bad for the Court and the country—a possibility these folks refuse to even consider.

stevevladeck.bsky.social
Or why that’s more important than the underlying *reasons* for the judges’ discontent, which none of the folks loudly complaining about the Times story are even trying to address (let alone provide satisfactory responses to).

stevevladeck.bsky.social
The problem, as the piece notes, is state immunity doctrines—which would bar relief under the FTCA if comparable claims against state officers would be subject to such a defense.

stevevladeck.bsky.social
“A more robust and effective damages regime obviously would not prevent unconstitutional conduct by government officers. But it sure would be an easy way to reduce its frequency—and it would also be a remarkably easy statute to write.”

Me in today’s bonus issue of “One First”:
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

stevevladeck.bsky.social
Some of us were not "very comfortable with this," and have been warning about these powers for years.

The reason why Congress delegated this power was the fact that Congress was *out of session* for more than two-thirds of every year, and wasn't in a position to respond immediately to emergencies.

stevevladeck.bsky.social
I know it's tiresome to play the "imagine if the parties were reversed" game, but thinking about how Republicans (and right-wing media) would be reacting if a Democratic-controlled House was refusing to swear in a newly elected *Republican* member may be the apotheosis of this particular meme.

stevevladeck.bsky.social
1) I didn't write the headline.

2) The article itself rather specifically discusses this.
stevevladeck.bsky.social
The federal government does and should have the authority to deploy troops into our cities—even without local consent—*when the circumstances actually warrant it.*

In @nytopinion.nytimes.com, me on why the real issue in Portland, Chicago, and elsewhere is the missing / contrived factual predicate:
Opinion | No, Trump Can’t Deploy Troops to Wherever He Wants
www.nytimes.com

stevevladeck.bsky.social
The first #SCOTUS ruling on an emergency application during the October 2025 Term is a denial, over no public dissents, of Google's application to pause the effect of the Ninth Circuit's latest ruling in its long-running dispute with Epic Games over the Android app store.

More details here:
Google Asks Supreme Court to Intervene in Dispute With Fortnite Creator
www.nytimes.com

stevevladeck.bsky.social
With the new #SCOTUS term officially beginning today, this week’s “regular” issue of One First looks at the final data on emergency applications from the October 2024 Term—one in which the justices set all kinds of records, almost all of which are positively unhealthy for the Court and the country:
181. 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

Reposted by Stephen I. Vladeck

stevevladeck.bsky.social
It has to be from the Court region of France. Otherwise, it’s called something else.

Reposted by Robert C. Richards

stevevladeck.bsky.social
So the argument is that Congress giving *judges* this power ≠ Congress giving *courts* this power?

Umm…

stevevladeck.bsky.social
Indeed; I was referring to a specific tweet.

stevevladeck.bsky.social
Not least because of the current state of the law regarding such damages suits.

stevevladeck.bsky.social
No, this is a specific reference to tweets.

stevevladeck.bsky.social
In light of Judge Immergut's ruling, there's a lot of noise today coming from the President's advisers and supporters about courts not having the power to provide prospective relief against domestic uses of the military.

Via "One First," me on the rather significant early precedent to the contrary:
181. Courts and Domestic Use of the Military
In response to adverse judicial rulings, the President's advisers and supporters are claiming courts lack the power to halt domestic use of the military. A critical early precedent is to the contrary.
www.stevevladeck.com