Aaron Bruhl
@aaronbruhl.bsky.social
Law professor
Statutory interpretation, legislation, federal courts, administrative law
Research: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=648978
Posts do not speak for my employer
Statutory interpretation, legislation, federal courts, administrative law
Research: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=648978
Posts do not speak for my employer
This week’s scorecard of German Idealism in legal documents:
Kant 1
Hegel ?
Left: Hunter Biden motion for default judgment
Right: Judge Smith’s dissent in Texas redistricting case
(Smith’s reference is obviously meant to be negative, but given the tenor of the dissent, how to score?)
Kant 1
Hegel ?
Left: Hunter Biden motion for default judgment
Right: Judge Smith’s dissent in Texas redistricting case
(Smith’s reference is obviously meant to be negative, but given the tenor of the dissent, how to score?)
November 20, 2025 at 4:11 PM
This week’s scorecard of German Idealism in legal documents:
Kant 1
Hegel ?
Left: Hunter Biden motion for default judgment
Right: Judge Smith’s dissent in Texas redistricting case
(Smith’s reference is obviously meant to be negative, but given the tenor of the dissent, how to score?)
Kant 1
Hegel ?
Left: Hunter Biden motion for default judgment
Right: Judge Smith’s dissent in Texas redistricting case
(Smith’s reference is obviously meant to be negative, but given the tenor of the dissent, how to score?)
It is officially “dogs trying to hide in raked-up piles of leaves” season.
November 15, 2025 at 12:20 AM
It is officially “dogs trying to hide in raked-up piles of leaves” season.
I missed this when it was posted.
Among my other things, some nice points about congressional reliance on Humphrey’s Executor:
Among my other things, some nice points about congressional reliance on Humphrey’s Executor:
October 21, 2025 at 9:27 PM
I missed this when it was posted.
Among my other things, some nice points about congressional reliance on Humphrey’s Executor:
Among my other things, some nice points about congressional reliance on Humphrey’s Executor:
The Supreme Court’s reference, in QP 2 in the Slaugher removal case, to “at equity or at law,” rather than using the traditional formulaic prepositions “in equity or at law” stands as a stark contrast to its embrace of “history and tradition.” In this essay I will …
#pedantry
#pedantry
September 29, 2025 at 3:50 PM
The Supreme Court’s reference, in QP 2 in the Slaugher removal case, to “at equity or at law,” rather than using the traditional formulaic prepositions “in equity or at law” stands as a stark contrast to its embrace of “history and tradition.” In this essay I will …
#pedantry
#pedantry
I went to the library to get High on Extraordinary Legal Remedies.
September 22, 2025 at 8:15 PM
I went to the library to get High on Extraordinary Legal Remedies.
Comments welcome.
The abstract:
The abstract:
July 31, 2025 at 4:10 PM
Comments welcome.
The abstract:
The abstract:
During my vacation in Europe, I averaged over seven miles of walking per day and climbed more than six times as many stairs as usual. Now my watch tells me my averages are way down. Clearly my health demands more vacations.
Pictured: beautiful door on a church in Naxos, Greece.
Pictured: beautiful door on a church in Naxos, Greece.
July 21, 2025 at 1:07 PM
During my vacation in Europe, I averaged over seven miles of walking per day and climbed more than six times as many stairs as usual. Now my watch tells me my averages are way down. Clearly my health demands more vacations.
Pictured: beautiful door on a church in Naxos, Greece.
Pictured: beautiful door on a church in Naxos, Greece.
#AppellatePlaces
#LawSky
Not a normal court, sure, but the first appeals in England were in the church courts, a hierarchical system where appeals ran eventually to Rome (before Henry VIII’s break). Then equity had appeals. The common law had the clunky writ of error until relatively recently.
#LawSky
Not a normal court, sure, but the first appeals in England were in the church courts, a hierarchical system where appeals ran eventually to Rome (before Henry VIII’s break). Then equity had appeals. The common law had the clunky writ of error until relatively recently.
June 25, 2025 at 12:40 PM
#AppellatePlaces
#LawSky
Not a normal court, sure, but the first appeals in England were in the church courts, a hierarchical system where appeals ran eventually to Rome (before Henry VIII’s break). Then equity had appeals. The common law had the clunky writ of error until relatively recently.
#LawSky
Not a normal court, sure, but the first appeals in England were in the church courts, a hierarchical system where appeals ran eventually to Rome (before Henry VIII’s break). Then equity had appeals. The common law had the clunky writ of error until relatively recently.
And here’s the abstract:
May 12, 2025 at 7:41 PM
And here’s the abstract:
Tomorrow’s gym t-shirt.
I was a summer associate and then an associate at Jenner & Block long ago. In my brief time there, I had the chance to work with some world-class lawyers.
www.whitehouse.gov/presidential...
I was a summer associate and then an associate at Jenner & Block long ago. In my brief time there, I had the chance to work with some world-class lawyers.
www.whitehouse.gov/presidential...
March 25, 2025 at 8:59 PM
Tomorrow’s gym t-shirt.
I was a summer associate and then an associate at Jenner & Block long ago. In my brief time there, I had the chance to work with some world-class lawyers.
www.whitehouse.gov/presidential...
I was a summer associate and then an associate at Jenner & Block long ago. In my brief time there, I had the chance to work with some world-class lawyers.
www.whitehouse.gov/presidential...
I address how to design such rights and consider their broader effects, including the potential to bolster the constitutional right being backstopped. The focus is on federal law, but states have them too.
Here is the abstract.
Comments welcome; plenty of time to revise.
2/3
@ssrn.bsky.social
Here is the abstract.
Comments welcome; plenty of time to revise.
2/3
@ssrn.bsky.social
February 20, 2025 at 5:29 PM
I address how to design such rights and consider their broader effects, including the potential to bolster the constitutional right being backstopped. The focus is on federal law, but states have them too.
Here is the abstract.
Comments welcome; plenty of time to revise.
2/3
@ssrn.bsky.social
Here is the abstract.
Comments welcome; plenty of time to revise.
2/3
@ssrn.bsky.social
Yay, it’s here!
If you want to know about the history of federal appellate procedure and how modern practice blends the traditions of the common law and of equity, please have a read.
⚖️ 🗃️
#AppellateSky #AppellateTwitter
Full text here: papers.ssrn.com/sol3/papers....
If you want to know about the history of federal appellate procedure and how modern practice blends the traditions of the common law and of equity, please have a read.
⚖️ 🗃️
#AppellateSky #AppellateTwitter
Full text here: papers.ssrn.com/sol3/papers....
January 13, 2025 at 8:49 PM
Yay, it’s here!
If you want to know about the history of federal appellate procedure and how modern practice blends the traditions of the common law and of equity, please have a read.
⚖️ 🗃️
#AppellateSky #AppellateTwitter
Full text here: papers.ssrn.com/sol3/papers....
If you want to know about the history of federal appellate procedure and how modern practice blends the traditions of the common law and of equity, please have a read.
⚖️ 🗃️
#AppellateSky #AppellateTwitter
Full text here: papers.ssrn.com/sol3/papers....
While doing historical research on statutory interpretation, I saw this interesting pardon. Jefferson pardons someone for a customs/tax offense where the defendant’s conduct was “not within the intention, tho’ embraced by the letter of the law,” which TJ says is a proper use of the power.
⚖️ 🗃️
1/2
⚖️ 🗃️
1/2
January 4, 2025 at 1:00 AM
While doing historical research on statutory interpretation, I saw this interesting pardon. Jefferson pardons someone for a customs/tax offense where the defendant’s conduct was “not within the intention, tho’ embraced by the letter of the law,” which TJ says is a proper use of the power.
⚖️ 🗃️
1/2
⚖️ 🗃️
1/2
A nerdy question about the Catholic Charities #SCOTUS case.
The two questions presented are below. As the update to my prior thread notes, the Court amended the cert grant to limit it to the first question presented.
Now my question:
Suppose SCOTUS decides that the state violated the 1st Amdt …
The two questions presented are below. As the update to my prior thread notes, the Court amended the cert grant to limit it to the first question presented.
Now my question:
Suppose SCOTUS decides that the state violated the 1st Amdt …
December 18, 2024 at 10:40 PM
A nerdy question about the Catholic Charities #SCOTUS case.
The two questions presented are below. As the update to my prior thread notes, the Court amended the cert grant to limit it to the first question presented.
Now my question:
Suppose SCOTUS decides that the state violated the 1st Amdt …
The two questions presented are below. As the update to my prior thread notes, the Court amended the cert grant to limit it to the first question presented.
Now my question:
Suppose SCOTUS decides that the state violated the 1st Amdt …
Let’s not overlook the second question presented in today’s #SCOTUS cert grant in the Catholic Charities case, which is about the standard for establishing a constitutional violation.
A few things:
1. The briefing cites some of the relevant literature on various formulations . . .
A few things:
1. The briefing cites some of the relevant literature on various formulations . . .
December 13, 2024 at 8:37 PM
Let’s not overlook the second question presented in today’s #SCOTUS cert grant in the Catholic Charities case, which is about the standard for establishing a constitutional violation.
A few things:
1. The briefing cites some of the relevant literature on various formulations . . .
A few things:
1. The briefing cites some of the relevant literature on various formulations . . .
Trying to read italicized Garamond.
December 9, 2024 at 5:36 PM
Trying to read italicized Garamond.
I absolutely endorse the Fourth Circuit’s diss of Garamond, but the absence of Palatino Linotype from the preferred fonts is a scandal. Shame on my home circuit!
December 9, 2024 at 5:14 PM
I absolutely endorse the Fourth Circuit’s diss of Garamond, but the absence of Palatino Linotype from the preferred fonts is a scandal. Shame on my home circuit!
Last semester I got this very sophisticated handwritten answer about the unitary executive. Nice handwriting too!
December 5, 2024 at 1:14 PM
Last semester I got this very sophisticated handwritten answer about the unitary executive. Nice handwriting too!
- I’m grateful that the editors let me keep FN 28 (image below). Given that not everyone is into the history of civ pro (weird, right?), I tried to have some fun.
- Did you know that a dispute over appellate procedure kicked off the English Reformation? See page 2316.
- Did you know that a dispute over appellate procedure kicked off the English Reformation? See page 2316.
December 3, 2024 at 3:09 PM
- I’m grateful that the editors let me keep FN 28 (image below). Given that not everyone is into the history of civ pro (weird, right?), I tried to have some fun.
- Did you know that a dispute over appellate procedure kicked off the English Reformation? See page 2316.
- Did you know that a dispute over appellate procedure kicked off the English Reformation? See page 2316.
The merger of federal trial procedure is traced to the 1938 Federal Rules, and equity was the winner. For appeals, by contrast, the merger happened fitfully over two centuries and left us with a blended procedure.
Here’s the abstract, and there are a couple of fun tidbits in thread below:
Here’s the abstract, and there are a couple of fun tidbits in thread below:
December 3, 2024 at 3:09 PM
The merger of federal trial procedure is traced to the 1938 Federal Rules, and equity was the winner. For appeals, by contrast, the merger happened fitfully over two centuries and left us with a blended procedure.
Here’s the abstract, and there are a couple of fun tidbits in thread below:
Here’s the abstract, and there are a couple of fun tidbits in thread below:
Rusty has no time for pleasure reading.
November 12, 2024 at 1:37 PM
Rusty has no time for pleasure reading.
Alexander Hamilton out here punctuating like a Gen Z.
[from Goebel’s The Law Practice of Alexander Hamilton]
⚖️ 🗃️
[from Goebel’s The Law Practice of Alexander Hamilton]
⚖️ 🗃️
October 23, 2024 at 8:53 PM
Alexander Hamilton out here punctuating like a Gen Z.
[from Goebel’s The Law Practice of Alexander Hamilton]
⚖️ 🗃️
[from Goebel’s The Law Practice of Alexander Hamilton]
⚖️ 🗃️
I was puzzled by the meaning of the proposal below (from the document you linked). I followed the footnote, and it proposes that Congress expand and codify the major-questions doctrine. It’s like an ouroboros of judicial supremacy.
October 12, 2024 at 6:55 PM
I was puzzled by the meaning of the proposal below (from the document you linked). I followed the footnote, and it proposes that Congress expand and codify the major-questions doctrine. It’s like an ouroboros of judicial supremacy.