Stephen E. Sachs
@stephenesachs.bsky.social
4.2K followers 83 following 350 posts

Antonin Scalia Professor of Law, Harvard Law School stevesachs.com

Stephen Edward Sachs is an American legal scholar who is the Antonin Scalia Professor of Law at Harvard Law School. He is a scholar of constitutional law, civil procedure, conflict of laws, and originalism. .. more

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NOW AVAILABLE at @constitutionctr.bsky.social and @ssrn.bsky.social :

"Restoring Conventions, One Amendment at a Time"

A new paper on a new way to revitalize Article V, by letting states move first. (1/)

papers.ssrn.com/sol3/papers....

Some sample language for an amendment: 5/

Congratulations to my 1L students on their first day of Civil Procedure! Syllabus below, for those who'd like to follow along at home:

stevesachs.com/syllabi/civp...

Some professional news, as they say! Honored to be among these new members of the Board of Directors of the Federalist Society.

fedsoc.org/commentary/f...

Solar-powered cat recharging

Rest of syllabus and reading list:

2/2

Attention incoming Harvard Law students: consider signing up for my new 1L Reading Group, "Conservative Legal Thought"!

Syllabus below, for those interested (or interested in following along at home):

stevesachs.com/syllabi/cons...

Available for signup on Friday, my Fall 2025 reading group on Jurisprudence!

Here's the syllabus, both as screenshots and link, for those interested (or just following along at home):

stevesachs.com/syllabi/juri...

1/

Part of my Shabbos reading list (a new habit I’m trying to build). Short and recommended.

Adam Kirsch, “On Settler Colonialism: Ideology, Violence, and Justice”

www.amazon.com/Settler-Colo...
On Settler Colonialism: Ideology, Violence, and Justice
www.amazon.com

Here's an updated proposal for federal district-court original jurisdiction over state-diversity suits.

(§ 1251(b)(3) allows for original jurisdiction in the SCt, but not in district courts.)

Comments welcome!

Reposted by Stephen E. Sachs

If judges are play-acting as historians and getting the history wildly wrong, then actual historians have a duty to step in and set the record straight.

Sorry if that doesn’t stop the free fall of the profession, but we’re going to keep doing it all the same, thanks
The history profession is in free fall, but its members can write liberal briefs that are cited in dissents to conservative decisions. Doesn’t seem like a great deal all told.
www.nytimes.com/2025/08/04/u...
As the Supreme Court Focuses on the Past, Historians Turn to Advocacy
www.nytimes.com

Note that, from behind the veil of ignorance, there’s no reason permitting this kind of conduct would help one party over the other

Still, the houses have power to compel attendance, no?

(Note that if a state makes it a crime to conspire to do this, they can demand extradition under the Fugitives Clause of Article IV)

Merits of the bill aside, I’ve long thought Congress should criminalize the use of the channels and instrumentalities of interstate commerce to deprive a state body of a quorum.

www.nytimes.com/2025/08/03/u...
Texas Democrats Leave State to Block G.O.P. From Redrawing Political Map
www.nytimes.com

Reposted by Stephen E. Sachs

Worth re-reading: William Tecumseh Sherman to the city council of Atlanta: