Curtis Bradley
@curtbradley.bsky.social
Professor, University of Chicago Law School
How do lower courts respond when the Supreme Court starts casting doubt on its own precedents without overruling them? How *should* the lower courts respond? Tara Grove and I consider these questions in this article, which is now out in the Virginia Law Review.
virginialawreview.org/wp-content/u...
virginialawreview.org/wp-content/u...
virginialawreview.org
November 24, 2025 at 12:14 PM
How do lower courts respond when the Supreme Court starts casting doubt on its own precedents without overruling them? How *should* the lower courts respond? Tara Grove and I consider these questions in this article, which is now out in the Virginia Law Review.
virginialawreview.org/wp-content/u...
virginialawreview.org/wp-content/u...
Reposted by Curtis Bradley
Several justices were concerned that if they sided with Trump, Congress would lose control over tariffs, even though the Constitution gives that power to lawmakers, said Prof. @curtbradley.bsky.social
Justices question Trump tariffs as Supreme Court weighs keeping them: Top takeaways
Justices question whether Trump has the power to impose tariffs on most imports. The questions reveal much about where they stand on Trump's policies.
buff.ly
November 6, 2025 at 12:46 AM
Several justices were concerned that if they sided with Trump, Congress would lose control over tariffs, even though the Constitution gives that power to lawmakers, said Prof. @curtbradley.bsky.social
My article on Sovereign Power Constitutionalism is finally out! As I explain, it is difficult to understand the U.S. Constitution’s allocations of authority without understanding the international law backdrop against which the Constitution was written.
lawreview.uchicago.edu/sites/defaul...
lawreview.uchicago.edu/sites/defaul...
lawreview.uchicago.edu
November 2, 2025 at 9:35 PM
My article on Sovereign Power Constitutionalism is finally out! As I explain, it is difficult to understand the U.S. Constitution’s allocations of authority without understanding the international law backdrop against which the Constitution was written.
lawreview.uchicago.edu/sites/defaul...
lawreview.uchicago.edu/sites/defaul...
It's been almost 90 years since the Supreme Court in Erie v. Tompkins disallowed federal court application of general common law. There has, however, been a revival of interest in the general common law, something we'll be discussing this spring at UChicago!
www.law.uchicago.edu/events/eries...
www.law.uchicago.edu/events/eries...
Erie’s Future and General Common Law Revivalism | University of Chicago Law School
www.law.uchicago.edu
September 9, 2025 at 6:45 PM
It's been almost 90 years since the Supreme Court in Erie v. Tompkins disallowed federal court application of general common law. There has, however, been a revival of interest in the general common law, something we'll be discussing this spring at UChicago!
www.law.uchicago.edu/events/eries...
www.law.uchicago.edu/events/eries...
Here’s my latest draft article, “Extradition in the Early Republic: International Law and Constitutional Authority.” It documents how interpreters constructed the constitutional law of extradition, resolving key issues concerning presidential power and federalism.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Extradition in the Early Republic: International Law and Constitutional Authority
<span>This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law.<
papers.ssrn.com
August 12, 2025 at 11:43 AM
Here’s my latest draft article, “Extradition in the Early Republic: International Law and Constitutional Authority.” It documents how interpreters constructed the constitutional law of extradition, resolving key issues concerning presidential power and federalism.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Curtis Bradley
👇👇👇 Featuring @williambaude.bsky.social, @curtbradley.bsky.social, Sam Bray, John Harrison, @marinklevy.bsky.social, @gillianmetzger.bsky.social, @portiapedro.bsky.social, Jim Pfander, Alex Reinert, Tom Schmidt, @jcschwartzprof.bsky.social, Fred Smith, Mila Sohoni, Adam Steinman & Garrett West
📢 Harvard Law Review Symposium Announcement: "Judicial Review in Jeopardy?"
Panel discussions on October 10; print publication in June. Honored to work with co-organizer Neil Siegel and these other excellent scholars on such an important (and timely) topic ⬇️
Panel discussions on October 10; print publication in June. Honored to work with co-organizer Neil Siegel and these other excellent scholars on such an important (and timely) topic ⬇️
July 1, 2025 at 9:56 PM
👇👇👇 Featuring @williambaude.bsky.social, @curtbradley.bsky.social, Sam Bray, John Harrison, @marinklevy.bsky.social, @gillianmetzger.bsky.social, @portiapedro.bsky.social, Jim Pfander, Alex Reinert, Tom Schmidt, @jcschwartzprof.bsky.social, Fred Smith, Mila Sohoni, Adam Steinman & Garrett West
Reposted by Curtis Bradley
@jacklgoldsmith.bsky.social, @oonahathaway.bsky.social, and @curtbradley.bsky.social explain why the Ukraine-U.S. agreement is likely a “sole executive agreement” and does not need to be submitted to Congress and analyze the relevance of recent reforms to the Case-Zablocki Act.
The U.S.-Ukraine Agreement: Legality and Transparency
The recently announced mineral deal is likely a lawful “sole executive agreement” that the president need not submit to Congress, but subsequent implementing agreements are likely to raise questions…
www.lawfaremedia.org
May 6, 2025 at 3:05 PM
@jacklgoldsmith.bsky.social, @oonahathaway.bsky.social, and @curtbradley.bsky.social explain why the Ukraine-U.S. agreement is likely a “sole executive agreement” and does not need to be submitted to Congress and analyze the relevance of recent reforms to the Case-Zablocki Act.
This post assesses the legality and transparency of the U.S.-Ukraine minerals agreement and future implementing agreements. We argue: U.S. citizens should not have to depend on disclosure by other countries to know what the U.S. government is doing in their name.
www.lawfaremedia.org/article/the-...
www.lawfaremedia.org/article/the-...
The U.S.-Ukraine Agreement: Legality and Transparency
The recently announced mineral deal is likely a lawful “sole executive agreement” that the president need not submit to Congress, but subsequent implementing agreements are likely to raise questions o...
www.lawfaremedia.org
May 6, 2025 at 12:52 PM
This post assesses the legality and transparency of the U.S.-Ukraine minerals agreement and future implementing agreements. We argue: U.S. citizens should not have to depend on disclosure by other countries to know what the U.S. government is doing in their name.
www.lawfaremedia.org/article/the-...
www.lawfaremedia.org/article/the-...
Reposted by Curtis Bradley
Q: Is the US - #Ukraine agreement on #CriticalMinerals one that requires congressional or Senate approval?
A: No, write @curtbradley.bsky.social, @jacklgoldsmith.bsky.social, and @oonahathaway.bsky.social
But follow-on agreements very well might.
A x-post w/our friends at @lawfaremedia.org
A: No, write @curtbradley.bsky.social, @jacklgoldsmith.bsky.social, and @oonahathaway.bsky.social
But follow-on agreements very well might.
A x-post w/our friends at @lawfaremedia.org
The U.S.-Ukraine Agreement: Legality and Transparency
The mineral deal is likely a “sole executive agreement” that the president need not submit to Congress, but transparency obligations remain.
www.justsecurity.org
May 6, 2025 at 12:07 PM
Q: Is the US - #Ukraine agreement on #CriticalMinerals one that requires congressional or Senate approval?
A: No, write @curtbradley.bsky.social, @jacklgoldsmith.bsky.social, and @oonahathaway.bsky.social
But follow-on agreements very well might.
A x-post w/our friends at @lawfaremedia.org
A: No, write @curtbradley.bsky.social, @jacklgoldsmith.bsky.social, and @oonahathaway.bsky.social
But follow-on agreements very well might.
A x-post w/our friends at @lawfaremedia.org
Reposted by Curtis Bradley
Read a federal appeals panel’s sharp rebuke of the Trump administration.
Read a Federal Appeals Panel’s Sharp Rebuke of the Trump Administration
A federal appeals court in Virginia issued a striking opinion on Thursday, reaffirming that the Trump administration had to take a more active approach in seeking the release of a Maryland man, Kilmar...
www.nytimes.com
April 18, 2025 at 2:12 AM
Read a federal appeals panel’s sharp rebuke of the Trump administration.
Update: Members of the House are now involved in an effort to find out about the agreement that the administration made with El Salvador concerning the detention of migrants, an agreement that under federal law must be reported to Congress.
democrats-foreignaffairs.house.gov/press-releas...
democrats-foreignaffairs.house.gov/press-releas...
Meeks, Castro Send Letter to Rubio Demanding Answers on El Salvador Agreement
democrats-foreignaffairs.house.gov
April 17, 2025 at 8:50 PM
Update: Members of the House are now involved in an effort to find out about the agreement that the administration made with El Salvador concerning the detention of migrants, an agreement that under federal law must be reported to Congress.
democrats-foreignaffairs.house.gov/press-releas...
democrats-foreignaffairs.house.gov/press-releas...
Reposted by Curtis Bradley
My former boss Judge Wilkinson, joined by judges King and Thacker, issues a strongly but respectfully worded decision denying USG request for emergency relief in the Abrego Garcia case. storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
April 17, 2025 at 7:57 PM
My former boss Judge Wilkinson, joined by judges King and Thacker, issues a strongly but respectfully worded decision denying USG request for emergency relief in the Abrego Garcia case. storage.courtlistener.com/recap/gov.us...
Reposted by Curtis Bradley
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained, write @curtbradley.bsky.social, @jackgoldsmith.bsky.social, & @oonahathaway.bsky.social
X-post with @lawfaremedia.org
www.justsecurity.org/110515/trans...
X-post with @lawfaremedia.org
www.justsecurity.org/110515/trans...
New Transparency Rules and the El Salvador Detention Agreement
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained
www.justsecurity.org
April 17, 2025 at 4:47 PM
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained, write @curtbradley.bsky.social, @jackgoldsmith.bsky.social, & @oonahathaway.bsky.social
X-post with @lawfaremedia.org
www.justsecurity.org/110515/trans...
X-post with @lawfaremedia.org
www.justsecurity.org/110515/trans...
@oonahathaway.bsky.social, @jacklgoldsmith.bsky.social, and I have a new post discussing how transparency rules enacted by Congress in 2022 may help reveal the terms of the agreement that the U.S. has made with El Salvador concerning the detention of migrants.
www.lawfaremedia.org/article/the-...
www.lawfaremedia.org/article/the-...
The New Transparency Rules and the El Salvador Detention Agreement
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained.
www.lawfaremedia.org
April 17, 2025 at 4:31 PM
@oonahathaway.bsky.social, @jacklgoldsmith.bsky.social, and I have a new post discussing how transparency rules enacted by Congress in 2022 may help reveal the terms of the agreement that the U.S. has made with El Salvador concerning the detention of migrants.
www.lawfaremedia.org/article/the-...
www.lawfaremedia.org/article/the-...
Reposted by Curtis Bradley
@curtbradley.bsky.social, @jacklgoldsmith.bsky.social, and @oonahathaway.bsky.social explore how a transparency statute for international agreements passed in 2022 could force the disclosure of any U.S.-El Salvador agreements related to Kilmar Abrego Garcia’s detention at CECOT.
The New Transparency Rules and the El Salvador Detention Agreement
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained.
www.lawfaremedia.org
April 17, 2025 at 4:02 PM
@curtbradley.bsky.social, @jacklgoldsmith.bsky.social, and @oonahathaway.bsky.social explore how a transparency statute for international agreements passed in 2022 could force the disclosure of any U.S.-El Salvador agreements related to Kilmar Abrego Garcia’s detention at CECOT.
Thanks, Larry, for recommending my latest paper. And I should note that there is still time for me to take account of comments!
lsolum.typepad.com/legaltheory/...
lsolum.typepad.com/legaltheory/...
Bradley on United States v. Curtiss-Wright Export Corporation and Sovereign Powers
Curtis Bradley (The University of Chicago Law School) has posted Sovereign Power Constitutionalism on SSRN. Here is the abstract: The constitutional text seems to be missing a host of governmental pow...
lsolum.typepad.com
February 10, 2025 at 5:15 PM
Thanks, Larry, for recommending my latest paper. And I should note that there is still time for me to take account of comments!
lsolum.typepad.com/legaltheory/...
lsolum.typepad.com/legaltheory/...
The Balkinization site recently hosted commentaries on my new book, “Historical Gloss and Foreign Affairs.” The commentators are all terrific scholars, and I found their reflections to be extremely fair-minded and insightful. I address a few points here.
balkin.blogspot.com/2025/01/glos...
balkin.blogspot.com/2025/01/glos...
Balkinization: Glossing the Foreign Affairs Constitution
A group blog on constitutional law, theory, and politics
balkin.blogspot.com
January 30, 2025 at 2:44 PM
The Balkinization site recently hosted commentaries on my new book, “Historical Gloss and Foreign Affairs.” The commentators are all terrific scholars, and I found their reflections to be extremely fair-minded and insightful. I address a few points here.
balkin.blogspot.com/2025/01/glos...
balkin.blogspot.com/2025/01/glos...
An advantage of the historical gloss approach is that, by focusing on the accretion of governmental practices over multiple political alignments, it provides some resistance to radical norm-breaking by one particular President. True of birthright citizenship, impoundment of money, and other issues.
January 29, 2025 at 1:25 PM
An advantage of the historical gloss approach is that, by focusing on the accretion of governmental practices over multiple political alignments, it provides some resistance to radical norm-breaking by one particular President. True of birthright citizenship, impoundment of money, and other issues.
This new paper, "Sovereign Power Constitutionalism," is one of the most challenging papers I've ever written. It shows how conceptions of nationhood have long informed U.S. constitutional interpretation. Forthcoming in @UChiLRev but still plenty of time for comments!
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Sovereign Power Constitutionalism
<p><span>The constitutional text seems to be missing a host of governmental powers that we take for granted, including powers relating to immigration, Indian af
papers.ssrn.com
January 23, 2025 at 1:12 PM
This new paper, "Sovereign Power Constitutionalism," is one of the most challenging papers I've ever written. It shows how conceptions of nationhood have long informed U.S. constitutional interpretation. Forthcoming in @UChiLRev but still plenty of time for comments!
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Trump said that that the U.S. would consider its withdrawal from the Paris agreement to be "effective immediately,” but the treaty requires a one-year waiting period. He did not say this about withdrawal from the WHO agreement, probably because a federal statute specifies a one-year waiting period.
January 21, 2025 at 1:24 PM
Trump said that that the U.S. would consider its withdrawal from the Paris agreement to be "effective immediately,” but the treaty requires a one-year waiting period. He did not say this about withdrawal from the WHO agreement, probably because a federal statute specifies a one-year waiting period.
I’m honored that my new book is the subject of commentary this week on the Balkinization site. There’s an incredible lineup of commentators, and I’m excited to see what they have to say. I’ll respond when it’s all done, mainly to thank everyone for their engagement with my work.
balkin.blogspot.com
Balkinization
A group blog on constitutional law, theory, and politics
balkin.blogspot.com
January 15, 2025 at 3:16 PM
I’m honored that my new book is the subject of commentary this week on the Balkinization site. There’s an incredible lineup of commentators, and I’m excited to see what they have to say. I’ll respond when it’s all done, mainly to thank everyone for their engagement with my work.
balkin.blogspot.com
A fair-minded review of my new book, from an originalist perspective, by Julian Ku. I agree with him that “originalists should welcome the use of historical gloss,” in part because, as he notes, “it is hard to imagine a functional originalist Constitution without it.”
fedsoc.org/commentary/f...
fedsoc.org/commentary/f...
How Should Historical Gloss Inform Our Interpretation of the Constitution?: A Review of Historical Gloss and Foreign Affairs: Constitutional Authority in Practice
“[It is] an inadmissibly narrow conception of American constitutional law to confine it to the word...
fedsoc.org
December 4, 2024 at 11:52 PM
A fair-minded review of my new book, from an originalist perspective, by Julian Ku. I agree with him that “originalists should welcome the use of historical gloss,” in part because, as he notes, “it is hard to imagine a functional originalist Constitution without it.”
fedsoc.org/commentary/f...
fedsoc.org/commentary/f...
"During the early history of extradition in the United States, political actors were simultaneously working out their positions on the relevant international law rules while also working out their positions on matters of domestic authority, and those two projects inevitably intersected."
It’s been said that the past is another country. That’s certainly true of the early U.S. practice of international extradition, as I discuss here. The practice raised difficult issues of presidential power, federalism, and the domestic application of international law.
tlblog.org/historical-g...
tlblog.org/historical-g...
Historical Gloss and the Extradition Power - Transnational Litigation Blog
In a recently-published book, “Historical Gloss and Foreign Affairs: Constitutional Authority in Practice,” I document how the foreign affairs powers of Congress and the executive branch have been hea...
tlblog.org
December 3, 2024 at 1:59 PM
"During the early history of extradition in the United States, political actors were simultaneously working out their positions on the relevant international law rules while also working out their positions on matters of domestic authority, and those two projects inevitably intersected."
It’s been said that the past is another country. That’s certainly true of the early U.S. practice of international extradition, as I discuss here. The practice raised difficult issues of presidential power, federalism, and the domestic application of international law.
tlblog.org/historical-g...
tlblog.org/historical-g...
Historical Gloss and the Extradition Power - Transnational Litigation Blog
In a recently-published book, “Historical Gloss and Foreign Affairs: Constitutional Authority in Practice,” I document how the foreign affairs powers of Congress and the executive branch have been hea...
tlblog.org
December 3, 2024 at 1:17 PM
It’s been said that the past is another country. That’s certainly true of the early U.S. practice of international extradition, as I discuss here. The practice raised difficult issues of presidential power, federalism, and the domestic application of international law.
tlblog.org/historical-g...
tlblog.org/historical-g...