Dan Epps
@epps.bsky.social
Howard and Caroline Cayne Distinguished Professor of Law, WUSTL. Con law 📜, crim law/pro 👮, SCOTUSology 🏛. Cohost 🎤 @dividedargument.bsky.social.
In case anyone is curious: even if this dismissal becomes final/upheld on appeal, because the dismissal is w/o prejudice, the government will have 6 months to reindict even though the statute of limitations would have otherwise run. Statute:
November 24, 2025 at 5:53 PM
In case anyone is curious: even if this dismissal becomes final/upheld on appeal, because the dismissal is w/o prejudice, the government will have 6 months to reindict even though the statute of limitations would have otherwise run. Statute:
I'm quoted in this @nytimes.com piece by @jodikantor.bsky.social about the quandaries faced by the liberal SCOTUS justices today. (link below).
October 31, 2025 at 5:30 PM
I'm quoted in this @nytimes.com piece by @jodikantor.bsky.social about the quandaries faced by the liberal SCOTUS justices today. (link below).
Just got my copy of Justice Kennedy’s memoir, LIFE, LAW & LIBERTY. I was grateful to have been asked to perform an unusual bit of empirical research while he was writing it.
October 20, 2025 at 1:02 PM
Just got my copy of Justice Kennedy’s memoir, LIFE, LAW & LIBERTY. I was grateful to have been asked to perform an unusual bit of empirical research while he was writing it.
NEW PAPER: "Justifying the Fourth Amendment," forthcoming in the Vanderbilt Law Review, now up on @ssrn.bsky.social:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
August 12, 2025 at 2:17 PM
NEW PAPER: "Justifying the Fourth Amendment," forthcoming in the Vanderbilt Law Review, now up on @ssrn.bsky.social:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Justice Sotomayor thinks that Justices have "earned" their seats, so even a constitutional amendment can't limit their tenure. Justiceships are guaranteed by pre-constitutional meta-due process?
Surprisingly dumb view...
(via @rickpildes.bsky.social)
electionlawblog.org?p=151478
Surprisingly dumb view...
(via @rickpildes.bsky.social)
electionlawblog.org?p=151478
August 10, 2025 at 1:43 PM
Justice Sotomayor thinks that Justices have "earned" their seats, so even a constitutional amendment can't limit their tenure. Justiceships are guaranteed by pre-constitutional meta-due process?
Surprisingly dumb view...
(via @rickpildes.bsky.social)
electionlawblog.org?p=151478
Surprisingly dumb view...
(via @rickpildes.bsky.social)
electionlawblog.org?p=151478
Spotted in the air above Salisbury beach, MA.
This is not going away.
This is not going away.
July 30, 2025 at 3:53 PM
Spotted in the air above Salisbury beach, MA.
This is not going away.
This is not going away.
NEW ARTICLE on SSRN: "The Practice of Executive Constitutionalism," by me and @conorclarke.bsky.social, forthcoming in the Virginia Law Review.
Check it out!
papers.ssrn.com/sol3/papers....
Check it out!
papers.ssrn.com/sol3/papers....
July 24, 2025 at 3:43 PM
NEW ARTICLE on SSRN: "The Practice of Executive Constitutionalism," by me and @conorclarke.bsky.social, forthcoming in the Virginia Law Review.
Check it out!
papers.ssrn.com/sol3/papers....
Check it out!
papers.ssrn.com/sol3/papers....
10 year old has had an Apple watch for about 24 hours and has already mastered the art of the passive aggressive text
July 21, 2025 at 7:28 PM
10 year old has had an Apple watch for about 24 hours and has already mastered the art of the passive aggressive text
I’m quoted in this @adamliptak.bsky.social @nytimes.com piece on unexplained SCOTUS orders (🎁 link):
www.nytimes.com/2025/07/16/u...
www.nytimes.com/2025/07/16/u...
July 16, 2025 at 12:17 PM
I’m quoted in this @adamliptak.bsky.social @nytimes.com piece on unexplained SCOTUS orders (🎁 link):
www.nytimes.com/2025/07/16/u...
www.nytimes.com/2025/07/16/u...
Because @williambaude.bsky.social hates my SCOTUS muppets, loyal @dividedargument.bsky.social listener and muppet-fan Tony Derron made this delightful likeness of us:
April 28, 2025 at 5:39 PM
Because @williambaude.bsky.social hates my SCOTUS muppets, loyal @dividedargument.bsky.social listener and muppet-fan Tony Derron made this delightful likeness of us:
I'm pleased to be quoted in this @nytimes.com piece asking 35 legal scholars about the most lawless things Trump has done in the first 100 days:
www.nytimes.com/2025/04/28/o...
www.nytimes.com/2025/04/28/o...
April 28, 2025 at 3:22 PM
I'm pleased to be quoted in this @nytimes.com piece asking 35 legal scholars about the most lawless things Trump has done in the first 100 days:
www.nytimes.com/2025/04/28/o...
www.nytimes.com/2025/04/28/o...
Thrilled to have made this (admittedly, misleadingly titled) citation ranking list: papers.ssrn.com/sol3/papers....
February 20, 2025 at 5:37 PM
Thrilled to have made this (admittedly, misleadingly titled) citation ranking list: papers.ssrn.com/sol3/papers....
NEW PAPER: It's the 100th Anniversary of the Judiciary Act of 1925—a perfect day to drop my and @marinklevy.bsky.social's "Judicial Reform from the Inside Out," prepared for ND L. Rev.'s great symposium on that anniversary.
Check it out: papers.ssrn.com/sol3/papers....
Check it out: papers.ssrn.com/sol3/papers....
February 13, 2025 at 1:36 PM
NEW PAPER: It's the 100th Anniversary of the Judiciary Act of 1925—a perfect day to drop my and @marinklevy.bsky.social's "Judicial Reform from the Inside Out," prepared for ND L. Rev.'s great symposium on that anniversary.
Check it out: papers.ssrn.com/sol3/papers....
Check it out: papers.ssrn.com/sol3/papers....
he Court already revised the TikTok opinion to change the jurisdictional line. It originally said "On Applications for Injunction" and now says "Certiorari to." Odd.
January 17, 2025 at 10:56 PM
he Court already revised the TikTok opinion to change the jurisdictional line. It originally said "On Applications for Injunction" and now says "Certiorari to." Odd.
What 2L law review editor did this
December 13, 2024 at 1:58 PM
What 2L law review editor did this
ICYMI on Twitter/X, I present my hand-curated muppet SCOTUS justices:
December 2, 2023 at 8:39 PM
ICYMI on Twitter/X, I present my hand-curated muppet SCOTUS justices:
I’m quoted in this New York Times piece about the new SCOTUS ethics code: www.nytimes.com/2023/11/13/u...
November 13, 2023 at 10:39 PM
I’m quoted in this New York Times piece about the new SCOTUS ethics code: www.nytimes.com/2023/11/13/u...