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steveleben.bsky.social
Law professor at UMKC Law School in Kansas City, writing about procedural justice. Former Kansas state trial and appellate judge.
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Seeing folks on the other site claim that Alien Enemy Act removals are not reviewable by courts. The statute explicitly requires "a full examination and hearing," and there are literally *dozens* of reported cases from the War of 1812, World War I, and World War II: law.lclark.edu/live/files/9...

"We’re not stopping. I don’t care what the judges think": Trump's border czar defies the courts as the administration heads toward a constitutional crisis. www.nytimes.com/2025/03/17/u...

If you are not following Prof. Anne Joseph O’Connell but have an interest in knowing what the President’s authority is to fire officials and then name acting replacements, hit the follow button now and put on some popcorn. The Vacancies Act is complicated; she’s the expert.

Nuts. This reasoning would allow the President to name actings to the NLRB, MSPB, FTC — agencies this Administration claims exercise executive authority.

Ninth Circuit, Over Strong Dissent, Upholds Lawyer Sanctions Against Kari Lake and Mark Finchem’s Attorneys in Lawsuit over Arizona Voting System electionlawblog.org?p=148982

One thing you really see every day is the different risk appetites between MAGA-era Republicans and Democrats. Basically compulsive, reckless, dangerous constant risk-seeking, versus almost comical levels of risk-aversion.

If we can "avoid a government shutdown" by voting for this CR, then why is the entire Department of Education closed today? Why is USAID closed? Why are hundreds of billions in grant contracts frozen? We are already in the shutdown. And your votes DON'T stop it. In fact, they allow it to expand.

Any time Inner City Press is covering a court hearing, it is fun to follow along through its coverage:

It’s only testing, but there were two streetcars at the UMKC stop when I came by this morning. Soon the campus will be nicely connected with so many key areas.

Political capital can be built up over time. Ultimately, leaders use that capital when it’s important to do so. Now would be a great time for Sen. Jerry Moran to use some. If not now, when?

More purges at DOJ. I’ll discuss with @profmmurray.bsky.social and @leahlitman.bsky.social at 11 am ET on @velshimsnbc.bsky.social

Another must listen episode. You’ll laugh (at a dramatic reading of Alito’s dissent), you’ll cry (at Alito’s dissent), you’ll have some hope (at ACB’s dissent).

On the latest episode of @strictscrutiny.bsky.social, we sat down with @davidenrich.bsky.social about his excellent & chilling new book “Murder the Truth” (out this week, essential reading)

Thanks to @umichlaw.bsky.social for doing an author Q&A on my recent article "The New Substantive Due Process!" Q&A here: michigan.law.umich.edu/news/5qs-lea... Full (Texas Law Review) article here: texaslawreview.org/the-new-subs....

There can be times to do it, but generally issuing an order and saying an opinion will follow “in due course” is not a good practice. Judging is the exercise of reasoned judgment. Without reasons, it’s just an action. In a time of decreasing public trusts, reasons are needed.

I’m planning to take a stab at a summary of what just happened in the foreign aid spending cases for a special issue of “One First” later today. TL;DR: A small but important win for the rule of law, and a really worrying dissent. www.stevevladeck.com

Sale-leasebacks do not decrease spending. They create a long-term expenditure in exchange for short-term cash. A government that can literally print money should never engage in such a transaction because it 1) is never in desparate need of cash; and 2) doesn't get the tax deduction benefits.

It’s been six days since Chief Justice Roberts’s “administrative” stay in the foreign aid cases. That almost certainly means (1) someone’s dissenting; (2) the Court is trying to reach a compromise; or (3) both. Hard to be sure which it is, but the continuing pause is itself producing plenty of harm.

My forthcoming book LAWLESS: How the Supreme Court Runs On Conservative Grievance, Fringe Theories, & Bad Vibes is now going to be out in MAY (May 13)! And you can preorder it now here: www.simonandschuster.com/books/Lawles... (Redoing this for a pinned post because the old release date was June.)

Really nice “teach in” by @jdmortenson.bsky.social. Julian is one of the nicest, most level headed guys I know. When he says “I’m worried”, we should be worried. youtu.be/5vsr1UXGaAw?...

“'It significantly undercuts this administration’s abilities to negotiate on the ceasefire, and it’d signal to Russia that we don’t care about Ukraine or our past investments,' one USAID official involved in the Ukraine mission told NBC News." www.nbcnews.com/politics/sta...

Trump's CFPB just dropped its lawsuits against: -Capital One, for cheating depositors out of $2B+ in interest -Rocket Homes, for providing kickbacks to agents and brokers -Vanderbilt Mortgage, for trapping customers in risky loans  It's open season for corporate crooks.

NEW from me in Time: How the Supreme Court Paved the Way for DOGE time.com/7262781/supr...

Rubio terminated 5800 USAID contracts – more than 90% of its foreign aid programs – in defiance of the courts. Here’s a list of just some of the lifesaving awards that were terminated. Nearly all were Congressionally mandated. They’ve saved millions of lives. 🧵

Law students, now's your chance to act on @leahlitman.bsky.social's wise words about the value state supreme court clerkships. Hear the essentials, directly from the justices! Is there a question you'd like them to answer? DM me and I'll try to work in it. March 17, 3-4pm EST (virtual)

For those who spent several years on Twitter, what are your thoughts on how Bluesky is developing as a platform? What do you like? What would you like to see change or improved? I’m finishing up my LLM thesis on judges using social media, and I’m interested in your take on the different mediums.