Richard M Re

Guest Post: Paz-Priel & Re on "The Standing Realignment" A Post by Yoav Paz-Priel and Richard Re on Their Joint Paper

blog.dividedargument.com/p/guest-post...

The Politics of Privacy: Danielle Citron Delivered 70th Miller Lecture - Georgia State University News - College of Law, Events - On Wednesday, Nov. 19, 2025, Professor Danielle Citron delivered the 70th Henry J. Miller Distinguished Lecture at Georgia State University College of Law with a frank assessment of the current state ...

In the 70th Henry J. Miller Distinguished Lecture at the Georgia State University College of Law, Prof. @daniellecitron.bsky.social discussed how privacy, technology and democratic norms intersect in the current political landscape. news.gsu.edu/2025/11/21/t...

As we all wait for Callais to come down, our piece showing that Shelby County increased the racial turnout gap in most of the covered parts of the country has cleared the replication check and is incoming at JOP.

Gutting the VRA was bad, actually.

From Secret Law (2001-2024) to None at All (2025-present) The Trump administration's lethal strikes are the apotheosis of the last quarter century's often always secret and often unreviewable executive branch legal reasoning.

From Secret Law (2001-2024) to None at All (2025-present)

By Brett Max Kaufman

www.justsecurity.org/124776/secre...

Link here: papers.ssrn.com/sol3/papers....

Thank you to @lsolum.bsky.social for listing my forthcoming article, Voids of Constitutional Law, as "highly recommended."

SSRN: papers.ssrn.com/sol3/papers....

legaltheoryblog.com/2025/11/10/m...

www.thecrimson.com/article/2025...

Lee on Reasonable Doubt and Implicit Bias Youngjae Lee (Fordham University School of Law) has posted Reasonable Doubt and Implicit Bias (Criminal Law and Philosophy) on SSRN. Here is the abstract: In Criminal Testimonial Injustice, Jennifer Lackey argues that there is a kind of testimonial injustice, characterized by “an unwarranted excess of credibility” and that “[t]he excess of credibility…results in a distinctive kind of epistemic wrong” in “ways that are widespread, alarming, and pernicious” in our criminal justice system.

Lee on Reasonable Doubt and Implicit Bias

Youngjae Lee (Fordham University School of Law) has posted Reasonable Doubt and Implicit Bias (Criminal Law and Philosophy) on SSRN. Here is the abstract: In Criminal Testimonial Injustice, Jennifer Lackey argues that there is a kind of testimonial…

“The Standing Realignment,” a draft by Yoav Paz-Priel and myself.

Comments welcome!

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

Pfeffer-Gillett on “the inconvenince doctrine” papers.ssrn.com/sol3/papers....

The SG has filed his reply letter brief in the Chicago case involving the National Guard. I've already filed two briefs in the case that address the vast majority of what the SG writes here, but perhaps it's worthwhile to respond to a few discrete things. [1]

www.supremecourt.gov/DocketPDF/25...

Interim Orders, the Presidency, and Judicial Supremacy - Harvard Law Review Article III protects federal judges with life tenure and salary guarantees. But politics still impacts federal courts, especially the Supreme Court.

Final version! Must read. harvardlawreview.org/print/vol-13...

Roberto Tallarita (@rtallarita) AI optimists like to mention the “Jevons paradox.” But the Jevons paradox doesn’t tell us who will make money and who will get squeezed in the age of AI

AI optimists like to mention the “Jevons paradox.” But the Jevons paradox doesn’t tell us who will make money and who will get squeezed in the age of AI.

Some thoughts on AI, lawyers, and the Jevons paradox substack.com/@rtallarita/...

Medina v. Planned Parenthood: The Supreme Court's Making of the New Jane Crow - Harvard Law Review If the Warren Court reflected nearly twenty years of jurisprudence dismantling ugly systems of oppression and institutional injustice that embedded invidious practices and policies into American law a...

Michele Goodwin on Medina:

harvardlawreview.org/print/vol-13...

Important paper:

yalelawjournal.org/article/the-...

A new paper from Gary Lawson & me:

"Presidential Removal as Article I, Not Article II"

Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.

See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....

Willing states must act to save international legal order, warns top academic Yale professor says wars in Ukraine and Gaza and threats from Donald Trump risk the ‘total collapse’ of the global courts system

The wonderful @oonahathaway.bsky.social does not hold back: our international legal order is at risk. And she has some proposals... www.theguardian.com/law/2025/nov...

Very pleased to say that my new article, "The Two Tests of Search Law: What Is the Jones Test, and What Does That Say About Katz?", has just been published in final form by the Wash. U. L. Rev. You can now download it from here:
wustllawreview.org/2025/11/12/t...

Abstract below.

To a Conservative Warren Court - Harvard Law Review The Warren Court’s legacy is ubiquitous. With the eponymous Chief Justice Warren at the helm, the Supreme Court featured a strong majority of left-of-center jurists, and those “liberal lions” ruled (o...

And read this brilliant HLR Foreword by the ever wonderful (sorely missed) @richardre.bsky.social harvardlawreview.org/print/vol-13...

harvardlawreview.org/wp-content/u... Read this brilliant piece by my colleagues @richschragger.bsky.social @micahschwartzman.bsky.social and Nelson Tebbe—:))

A few snippets from my new @slate.com piece on the Supreme Court's decision to hear the Watson case on mail-in voting timing:
slate.com/news-and-pol...

Read Richard’s article then listen to this podcast. 👇🏻

podcasts.apple.com/us/podcast/s...

The Structure of Religious Preference - Harvard Law Review A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause.

The Supreme Court had three religious freedom cases last Term. With @richschragger.bsky.social and @nelsontebbe.bsky.social, our latest comments on them, extending our analysis of religious preferentialism under the First Amendment.

harvardlawreview.org/print/vol-13...

To a Conservative Warren Court - Harvard Law Review The Warren Court’s legacy is ubiquitous. With the eponymous Chief Justice Warren at the helm, the Supreme Court featured a strong majority of left-of-center jurists, and those “liberal lions” ruled (o...

Thank you to the editors of the Harvard Law Review and to many commentators.

harvardlawreview.org/print/vol-13...

Skrmetti Beyond Scrutiny - Harvard Law Review In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care.

Out today in HLR, my piece Skrmetti Beyond Scrutiny. What happened, what it means for trans rights and sex equality more broadly: harvardlawreview.org/print/vol-13...

NOW IN PRINT in the Notre Dame Law Review:

"GIVE PARENTS THE VOTE," with Joshua Kleinfeld: arguing that parents, not strangers, should direct the voting power of children, and that state legislatures can make it happen!

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

Link: papers.ssrn.com/sol3/papers....

On the blog: In approving Trump's transphobic policy of listing sex assigned at birth on passports, SCOTUS said govt was "merely attesting to a historical fact," thus echoing the obtuseness of Plessy v Ferguson's statement that Black folks were only choosing to see segregation as white supremacy. 👇

Congress's Constitution: Legislative Authority and the Separation of Powers: Chafetz, Josh: 9780300248333: Amazon.com: Books Congress's Constitution: Legislative Authority and the Separation of Powers [Chafetz, Josh] on Amazon.com. *FREE* shipping on qualifying offers. Congress's Constitution: Legislative Authority and the Separation of Powers

Hi new followers!

If you happen to be interested in the separation of powers, Congress, government shutdowns, contempt of Congress, the filibuster, and more, have I got the book for you! www.amazon.com/dp/0300248334/