Brian Downing

UM Law Welcomes New Faculty, Senior Staff for 2025-26 Academic Year | School of Law | Ole Miss OXFORD, Miss. – The University of Mississippi School of Law is welcoming several new faces this year among its faculty … Continued

The students will assume I failed to show up on the first day if they are looking for this person. When you've had the same job since before smartphones were a thing, you don't have a lot of professional pictures documenting the aging process. Which is a blessing.

law.olemiss.edu/um-law-welco...

During the SCOTUS summer break, let me shamelessly promote my paper on AI's impact on the increased discoverability of private conversations, particularly in corporations with video calling. If you're on a lit hold, you might want to check it out: papers.ssrn.com/sol3/papers....

The smart folks were right (unlike me) - Respondents got to 4-4, which is about as much as they could hope for. Congrats to Garre, as that was really pulling a rabbit out of a hat. But likely a loss if court composition holds and they take another case. www.supremecourt.gov/opinions/24p...

Also classmate Sam Bray mentions galore, including by Corkran, layering UChicago Law ‘05 on very thick. No complaints here!

Overall, my guess is they craft a rule narrowing, but allowing, universal injunctions. 14th Am is a bonus-some signs they may go there & Trump loses if so.

Feigenbaum - in contrast, had a deferential, “let’s get to the right answer” tone and a command of the circumstances that may have turned the case into a win.

Corkran - NJ set the stage well, so cleaned up some issues (as the 2d R often does) & got out. Note: also a classmate!

Yet I do have some sympathy for Sauer’s tough spot on following Circuit cases - the 1989 agency nonacquiescence article by Estreichert & Revesz details problems: openyls.law.yale.edu/bitstream/ha... In short, there are categories where it is not reasonable for agencies to regionalize the law.

Sauer - like in Drummond, underperformed as a SG. It wasn’t bad, but SGs tend to take wobbly cases and use their skill to turn them into winners. I think Sauer is more likely to have done the opposite. m20 Kagan “assume on the merits you are wrong.” There was a lot of that.

YouTube video by CBS News Supreme Court hears arguments in Trump birthright citizenship case | full audio

Trump v CASA

Civ Pro: Universal Injunctions

Sauer (SG Applicants) - Clarity 2 Mastery 3 Adaptability 2 Interplay 1

Feigenbaum (St SG R) - Clarity 4 Mastery 4 Adaptability 4 Interplay 4

Corkran (R) - Clarity 3 Mastery 3 Adaptability 2 Interplay 2

www.youtube.com/watch?v=jggn...

m86 Gorsuch: I’m delighted they’re still teaching the problems of dangling modifiers in OK schools.

m100 Alito callback to Mahmoud LGBTQ books case a few args ago, trying to show diversity of school approaches (or troll a bit).

m60 Sotomayor - SG changed position; what changed? Sauer, we think the framework should change. S: What changed is that the administration changed. Good paper on this phenomenon by Professors Lemon and Widiss here: papers.ssrn.com/sol3/papers....

On substance, I thought Rs were sunk listening to the arg, but many smart folks disagree - they think Roberts is in play for a 4-4 split such that Ps lose. If that’s so, Gorsuch may be as in-play as Roberts, as neither seemed in the tank for Ps. But I think Ps prob win 5-3 FWIW.

A lot of consistent scores here, as all the advocates are experienced arguers who performed well, as expected. Sauer seemed both hoarse and a bit unprepared at times in his first SG arg, but I don’t expect that to continue - it was probably a rushed prep for him.

YouTube video by electron media group inc. Oklahoma Statewide Charter School Board v. Drummond (2025)

Ok v Drummond

1A: Charter Sch

Campbell-Clarity 3 Mastery 3 Adaptability 2 Interplay 2

McGinley-Clarity 3 Mastery 3 Adaptability 2 Interplay 2

Sauer-Clarity 2 Mastery 2 Adaptability 1 Interplay 1

Garre-Clarity 3 Mastery 3 Adaptability 3 Interplay 2

www.youtube.com/watch?v=2oe8...

Gupta - Didn’t even speak until 95 minutes in, but did a fine job reacting to where the arg was going and framing a favorable opinion while leaning into the advisory-issue. All this for a DIG?

Joshi - Has many good args in the past, but I didn’t find this one as effective. Took too long what the Art. III/FRCP 23 lines were, & the arg had already been trying the Justices’ patience. m88 Joshi “we are not taking a position on Art III…” Kagan “Then that’s just...come on!”

Francisco - Got bogged down for nearly an hour, but still spiced things up where he could. m28 “If Labcorp adopted a policy that said that five-foot-eight overweight Filipino American men have to use the front desk and not the kiosk, I would say hallelujah.”

This arg was a real slog for all involved. Tons of time spent on whether the May, June, or August order applied (sigh), so should be DIG’d or vacated? (sigh x2). The time-to-legal-impact ratio was very low. Ins and outs of FRCP 23 could be interesting, but quagmires dominated.

YouTube video by electron media group inc. Laboratory Corporation of America v. Davis (2025)

Lab Corp v Davis

Civ Pro: Class Action

Francisco (P) - Clarity (4) Mastery (4) Adaptability (3) Interplay (4)

Joshi (SG) - Clarity (2) Mastery (3) Adaptability (1) Interplay (2)

Gupta (R) - Clarity (3) Mastery (3) Adaptability (3) Interplay (1)

www.youtube.com/watch?v=3suu...

Mills - Very short argument, slightly halting at times, but fine. m45 In Re Neagle - Justice Field assassination attempt reference!

Jaicomo - Nice job. Congrats to the Institute for Justice team. m14 Gorsuch “I’d like you to address the Supremacy Clause argument before you go.” “I’ll be here.”

Liu - Good arg by the SG, sitting between his rougher EPA arg and his excellent City of Sanford arg.

YouTube video by Forbes Breaking News The Supreme Court Hears Oral Arguments In Case About FBI Conducting Raid On Incorrect House

Martin v US

Torts: Fed Claims

Jaicomo (P) - Clarity (3) Mastery (3), Adaptability (1) Interplay (3)

Liu (SG R) - Clarity (3) Mastery (4) Adaptability (2) Interplay (2)

Mills (Amicus R) - Clarity (2) Mastery (3) Adaptability (1) Interplay (1)

www.youtube.com/watch?v=hhH9...

I suspect the Court appreciated the high competence, low drama approach of Flint and Flynn after the Osseo mess just before it.

YouTube video by electron media group inc. Soto v. United States (2025)

Soto v US

Vet claims

Flint (P) Clarity (4) Mastery (5) Adaptability (2) Interplay (1)

Flynn (SG R) Clarity (4) Mastery (4) Adaptability (2) Interplay (1)

Great args by subject matter experts. Disclosure: Tacy Flint is my awesome UChicago classmate.

www.youtube.com/watch?v=5mok...

I love a Lisa Blatt argument, & she still shows amazing record knowledge, contextual understanding, and great shaping of a good opinion for her client. But her bluntness turned against her client & caused a major distraction, crossing a line that I suspect she won’t cross again.

Gorsuch demands a withdrawal, voice seeming to shake with anger at m67 as he recounts the reasonableness of the P/SG position. On top of that, Sotomayor accuses Blatt of QP manipulation at m73, which has been a major problem of late across cases.

Lobbing bombs at Martinez, her past adversary in Warhol, is one thing. Probably a bad idea, but she might’ve gotten away with it. But the SG too? Now Blatt lost all credibility, and her style and approach becomes a major distraction to the detriment of her client.

Blatt summer turns into Blatt bummer in this one (eye roll merited). If ever there were a justification for my special scoring system for Lisa Blatt, it’s this arg. But this was more painful than delightful, and not even good strategy. At m50 she declares *both* P & SG of lying.

Reaves - usual solid SG arg with a good plate set by Martinez.

Martinez - went right at Blatt & the QP issues; if intended to get a reaction, she sure took the bait. m12 what actually helped this whole area of law click for me is your thoughtful opinion in Cinnamon Hills. Gorsuch: I’m glad you remembered that, because I’m not sure I do.

YouTube video by electron media group inc. A.J.T. v. Osseo Area Schools (2025)

AJT v Osseo

ADA: Intent

Martinez (P) Clarity (4) Mastery (3) Adaptability (2) Interplay (3)

Reaves (SG) Clarity (3) Mastery (3) Adaptability (2) Interplay (2)

Blatt (R) Clarity (Blatt) Mastery (Blatt) Adaptability (Blatt) Interplay (Blatt) !!!

www.youtube.com/watch?v=vwcN...