How does originalism work for constitutional amendments adopted during our lifetimes? A cert petition about the 26th Amendment, which prohibits age discrimination in voting and enfranchised Sotomayor and Roberts as teenagers, raises that question.

electionlawblog.org/?p=142392

Asking the hard questions today: Is there anything in the universe that has a “gravamen” other than a “plaintiff’s complaint”?

I had a great time chatting with Eric Feigin and Dan Epps about Criminal Law at the Supreme Court during Pepperdine Law Review’s symposium last week. Many thanks to both for making the trip to Malibu.

I'm so excited to host WashULaw's Election Law Conference this weekend! Can't wait to learn more from Sam Issacharoff, Abby Wood, Carolyn Shapiro @cshaplaw at the other places too, Jacob Eisler, Maureen Edobor, Michael Olson, Michael Morse, Nicholas Almendares, Michael Weingartner, and others not on Twitter!

New episode Divided Argument:

Dinkus dividedargument.com/episodes/dinkus

• Great Lakes v. Raiders Retreat Realty (admiralty)
• McElrath v. Georgia (double jeopardy)
• Lindke v. Freed (social media/state action)
• Pulsifer v. United States (sentencing/interpretation)

with Dan Epps.

Hey Dan Epps I think we need to record an emergency episode to talk about this … weird single-star dinkus thing … from Justice Gorsuch yesterday.

Political Hacks Pretending to be Lawyers dividedargument.com/episodes/polit…

Dan Epps and I discuss Trump v. Anderson Divided Argument.

Thanks to J.D. Vance for the title.

Comedy is dead (from a friend)

Now that SCOTUS has unanimously agreed that states can’t keep Trump off the ballot using Section 3, will left-wing progressive hacks like William Baude pushing this theory confess error?

The Court reverses on the ground that Congress has to make the decision, not Colorado SCt.

It would delight me to no end if the Court just trolled everybody by releasing something like Rudisill v. McDonough today instead

I saw Richard deliver this great keynote in Tucson last week. It's well worth reading!

A spicier take: law schools pay faculty to produce scholarship to help the school's reputation. Great work that nobody knows about doesn't serve that purpose. Faculty who don't do low-effort things to make their work *visible* aren't doing their jobs effectively.

As a former appointments chair: if a committee can’t figure out online whether a potential lateral has published anything in the last few years, they are pretty unlikely to go further.

I'm delighted to share that Matthew Tokson's and my new paper, Decentering Property in Fourth Amendment Law, is forthcoming in the UChicago Law Review!

papers.ssrn.com/sol3/papers.cf…

As requested: new Divided Argument on last week's arguments in Trump v. Anderson. dividedargument.com/episodes/votin…

With Dan Epps as always.

With the San Diego originalism conference happening this weekend, it’s time to reup the muppet version

Garland appointed Smith + Hur to vindicate DOJ norms of independence, etc. Both special counsels are deeply impacting prez election in ways that 2 different halves of country will view as bringing discredit on DOJ. Much to reflect on re rule of law, 'independence,' and politics.

Is there any argument that this wouldn't be protected by the First Amendment, if it's based on true, public information?