Dan Epps

I'm quoted in this @nytimes.com piece by @jodikantor.bsky.social about the quandaries faced by the liberal SCOTUS justices today. (link below).

The Debate Dividing the Supreme Court’s Liberal Justices

www.nytimes.com/2025/10/31/u...

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.

Moreover, this fundamentally misunderstands what it means to make an argument as a lawyer on behalf of a client. I made plenty of legal arguments in practice I didn't totally agree with, as I imagine most attorneys feel as well.

A rule as broad as this article suggests would have far-reaching consequences and would be a dramatic change from settled practice.

This @rollingstone.com piece by @andrewlseidel.bsky.social is embarrassing. A judge must recuse from any case in which he actually participated, not from all cases involving *legal issues* on which he ever took a position as an attorney on behalf of a client.

Losing my ever-loving-mind watching the same people who were just clutching their pearls claiming censorship over mean emails from WH staffers to Twitter about COVID misinfo are now HAVING THE FCC CHAIR openly threaten broadcast licenses over a joke about the president AND THE BROADCASTERS CENSOR IT

I'm thrilled to have been named the Howard and Caroline Cayne Distinguished Professor of law here at WashU Law! I'm very grateful to the Law School, the University, and my Dean for their support.

5 More Faculty, Staff Removed for Kirk Comments Republican politicians and other conservatives are calling for employees, including those in higher ed, to be terminated for their social media posts about Kirk's killing.

www.insidehighered.com/news/faculty...

The free speech crusade will continue until complete conformity and submission are achieved.

Case Viewer, my quirky side project of building my ideal legal search & reading app, has come a long way. With lots of help, it's grown into the best way to find & read cases on a Mac, iPhone, or iPad. Check it out or download on the App Store below. And follow @CaseViewerApp for updates!

I filed an amicus brief in Callais, this fall's blockbuster voting rights case. I make three arguments. First, the Fifteenth Amendment is the constitutional provision that bans racial discrimination in voting. Second, Shaw should be overturned. Finally, Section 2 of the VRA is constitutional.

Bedrock Con Law 101 | Divided Argument We're joined by Michigan law professor Richard Primus to talk about his new book, "The Oldest Constitutional Question: Enumerated and Federal Power." Richard describes one of the the most widespread b...

The Divided Argument podcast had me on to talk about my new book *The Oldest Constitutional Question: Enumeration and Federal Power.* Very much enjoyed the conversation.

Listen here:
www.dividedargument.com/episodes/bed...

@dividedargument.bsky.social @williambaude.bsky.social‬ @epps.bsky.social‬

NEW PAPER: "Justifying the Fourth Amendment," forthcoming in the Vanderbilt Law Review, now up on @ssrn.bsky.social:

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

Originalism Hulk | Divided Argument Continuing our long slog through the end-of-Term opinion dump, it's fraud day! We dig into Kousisis v. United States and Thompson v. United States, two interesting federal criminal law puzzles.

NEW EPISODE: "Originalism Hulk"

It's fraud day as we dig into Kousis v. US and Thompson v. US!

dividedargument.simplecast.com/episodes/ori...

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

American flag with the constitution on top of it

This paper provides a detailed analysis of how the U.S. Executive Branch interprets and practices constitutional #law.
spkl.io/63323AHGX1
@epps.bsky.social @conorclarke.bsky.social #LawSky

Spotted in the air above Salisbury beach, MA.

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....

Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue.

My working draft is below, and comments are most welcome.

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

I’m very sad about the death of Richard Fallon, an amazing scholar, teacher, and person. He was my fed courts prof—one of my favorite classes ever. An unsolicited email from him complimenting my harmless error piece is one of the academic honors of which I’m proudest. A big loss.

I worry this would get challenged by people with extra-time accommodations and become unworkable…

A stopped clock is right twice a day…

I’m quoted in this @adamliptak.bsky.social @nytimes.com piece on unexplained SCOTUS orders (🎁 link):

www.nytimes.com/2025/07/16/u...

Didactic and Inculcatory | Divided Argument We look at the final orders list before summer break, and then continue to work through last month's opinions, this time with an extended analysis of two decisions about children and culture wars -- M...

"Divided Argument" with @epps.bsky.social and @williambaude.bsky.social is always a must-listen for SCOTUS nerds, and I thought this latest episode—focusing on Mahmoud and Paxton—was particularly interesting. Good stuff.
dividedargument.com/episodes/did...

Law professors like to complain about grading exams and say it's the worst part of the job. This is incorrect. Grading is not that bad.

The most painful part, by far, is having to revise your own papers.

Announcement of opinions for Thursday, June 26 On Thursday, June 26, we will be live blogging as the court releases opinions in one or more argued cases from the current term. Click here for a list of FAQs about […]

Join me at @scotusblog.com, where I'll be live-blogging today's opinion hand-down starting in about 30 minutes!

www.scotusblog.com/2025/06/anno...

I’m sure some of Trump’s judicial nominees believe Trump’s lies about election fraud. But many know that Biden won and are just engaging in this charade to avoid having their nominations pulled by Trump.

It’s shameful. No federal judgeship is worth this.

Interesting, from @jadler1969.bsky.social . My very impressionistic sense is that Barrett may be the most *persuadable* among the conservatives, which is different from “aligns with progressives most often,” and which would make her closer to a swing in the O’Connor mode rather than Kennedy.