William Baude

I didn’t know whether you aware of this body of literature and find it incorrect or irrelevant, or didn’t know about it, hence the brief initial reply.

There are too many relevant papers to link easily, but here are two:

chicagounbound.uchicago.edu/cgi/viewcont...

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

I won’t speak for Sai, but on my view, what interpretive principles we should use are governed by law; and for the Constitution specifically, our law of interpretation is the founders law of interpretation, plus any lawful changes to that law since then.

The Law of Interpretation

Supreme Court Stays to State Courts a few thoughts on the relationship of 28 U.S.C. 1257 and 28 U.S.C. 1651(a)

blog.dividedargument.com/p/supreme-co...

For the Fun of the Surf In northwest Indiana, there’s a 20-mile stretch of Lake Michigan that’s dominated by industry. It’s some of the dirtiest water in the lake, but it's also home to some of the biggest waves anywhere on ...

“Chicago is a beach town.”

www.interlochenpublicradio.org/podcast/poin...

blog.dividedargument.com/p/the-americ...

When Extremism Becomes Moderation A Comment on Justices Gorsuch and Kavanaugh

Co-post with @williambaude.bsky.social
blog.dividedargument.com/p/when-extre...

I’ve posted a short piece for lay readers on Youngstown papers.ssrn.com/sol3/papers....

New Episode: "Betty Boop or Shakespeare" In the latest episode of the podcast, we dig into the tariffs decision.

blog.dividedargument.com/p/new-episod...

Yes

Call for papers!

www.law.uchicago.edu/form/uchicag...

www.law.uchicago.edu/news/does-un...

‘The Justices Might Actually Have to Say No, Even to the President’ www.nytimes.com/2026/01/22/o...

I generally agree with this, but I also wonder how much of a convention it actually is. I'd guess that maybe 30-40% of my articles have had a "Part IV" in this sense, and that most or all of my most-cited pieces don't (and to the extent they do, that's not what they're cited for).

1, Im not sure, but 2, shouldn’t it be the state law of interpretation?

Things to Read This Week (1/19) Election Law, Shugerman, ACX

blog.dividedargument.com/p/things-to-...

Courthouse Steps Oral Argument: Galette v. New Jersey Transit Corporation In August 2018, Cedric Galette sustained injuries when his stopped vehicle was struck by a New Jerse...

In 15 minutes:

fedsoc.org/events/court...

Why Stop at Level Three? discretion to pose the question in Trump v. Illinois and elsewhere

blog.dividedargument.com/p/why-stop-a...

Big and good news for the Constitutional Law Institute. Thanks to Deb Cafaro!

Are those all pre-Grzegorczyk?

Zielinski: www.supremecourt.gov/search.aspx?...

Grzegorczyk: www.supremecourt.gov/search.aspx?...

I notice that I am confused by the GVR in Zielinski v. US. I had thought the Court had stopped GVR'ing i/l/o SG confessions of error after Grzegorzyk.

Am I misremembering/misunderstanding?

Pretty sure I'm one of the folks Mark's subtweeting. While I don’t feel compelled to respond, this actually provides a beautiful lesson for how academics and other serious observers might think about engaging with the Court and law. (thread)

I’m not sold that it was either! I am describing …

And I won't give away the ending, but I will tell you the last sentence: "Does the Roberts Court have the will and the power to do what the Marshall Court could not?"

You have to subscribe online or find a place that sells journals to read it. But an excerpt from the heart:

My latest, “Marbury Now,” is published in the latest issue of Liberties! libertiesjournal.com/articles/mar...

With all that is going on in the world, it might be easy to overlook that the D.C. Circuit appears to have changed its Special Panel (aka Motions Panel) so that it's no longer in place for a month.

I think this change is both really important and really good.

(A quick courts 🧵 . . . )